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Atwater City Zoning Code

CHAPTER 17

69 - SIGN REGULATIONS

17.69.020 - Purpose.

The City acknowledges the right of business to advertise and recognizes that signs are a significant part of the City's streetscape. However, the City also recognizes it is important to regulate their appearance, number, location, and construction to protect the public health, safety, and welfare; to protect the property values of both business and private citizens; and to preserve an attractive City environment. The objectives of this ordinance are to provide an orderly and consistent method for regulating the City's signs while implementing General Plan policies which encourage beautifying the City's streetscape and its major traffic corridors.

(Prior Code § 17.69.010; Ord. CS 711, 1994)

17.69.040 - Applicability.

Except as otherwise provided in this chapter, it is unlawful for any person to erect, locate, alter or relocate within the City any sign without first obtaining a sign permit or a building permit from the building inspector and paying the required fees.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.050 - Definitions.

Sign. Any device, letter, figure, design, symbol, trademark, illuminating device or display intended to attract attention to an person, place, subject, firm, occupation, public performance, article, machine, or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever for recognized advertising.

A.

Area of Sign. That area enclosed by one continuous line, connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time form any one point. This sign area excludes the main supporting sign structure, but all other ornamented attachments and inner connecting links which are not a part of the main supports of the sign are included in determining sign area.

1.

On a two-sided sign, both sides shall be computed to determine the total sign area.

2.

To compute the area of a sign in square footage, standard mathematical formulas shall be used.

B.

Animated Sign. A sign or device design to attract attention by visual means through the movement or semblance of movement of whole or part of the sign.

C.

Awning Sign. Any sign painted, stained, sketched, or sewn onto the exterior of an awning. Letters to be a maximum of 18 inches.

D.

Bench Sign. A sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

E.

Building Frontage. The vertical and horizontal outer surface of the wall of a building which directly fronts onto a public right-of-way or a public street that is used to calculate allowable signing.

F.

Bulletin Board. A sign used to announce a coming event or attraction or used to convey a specific message related to the building or use of the property to be viewed by the public or form a public right-of-way.

G.

Business Identification Signs. A sign limited to the name of a tenant, type of business or registered logo of the tenant or business.

H.

Copy Area of Sign. Actual area of the sign copy applied to any background.

I.

Changeable Copy Sign. A sign whether freestanding, wall, marquee, or projecting that has a changeable copy.

J.

Canopy. The portion of a roof of a building or a fixed overhead shelter used as a roof which may or may not be attached to a building or which does not encroach into nor overhang a public street or alley right-of-way.

K.

Canopy Sign. A sign attached to or hung from a canopy and:

1.

Is mounted in a vertical plane.

2.

Is mounted parallel to the leading edge of a canopy, except an under canopy sign, which may be mounted at an angle to the leading edge of a canopy.

L.

Clip Board. A temporary changeable promotional sign attached to permanent frame on a wall of a building. The sign is calculated in the permitted sign area.

3.

Does not project above the top of the canopy when mounted on a canopy with a slope of 45 degrees or steeper which may be mounted anywhere on the slope.

4.

Does not project above the leading edge of the canopy when mounted on a canopy with a slope flatter than 45 degrees.

5.

On a flat canopy (no slope), projects above the top of the canopy but does not project higher than the wall of the building to which the canopy is attached.

M.

Commercial Center. Two or more buildings, collectively, containing a minimum of 5,000 square feet of building area located on one or more contiguous parcels which utilize common off-street parking and access.

N.

Construction Sign. A sign with the names of the architect, engineer, contractor, subcontractor and/or financing institutions of buildings or structures under construction which is located on the construction site premises.

O.

Directional Sign. Freestanding or wall signs used to guide or direct pedestrian or vehicular movement.

P.

Directory Sign. A sign that includes the names and location of businesses, firms, offices, residential complexes or establishments but does not otherwise promote or advertise a project.

Q.

Electronic Message Board. A sign capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. The duration of a message shall be displayed for a period no less than 20 seconds. The transition from one message to another shall be instantaneous as perceived from the human eye and each electronic message board message shall be complete in itself and shall not continue by fading, scrolling, or other manner to a subsequent message. No electronic message board shall display animated messages, including flashing, blinking, fading, rolling, dissolving, or any other effect that gives the appearance of movement. No electronic message board shall include or emit an audio message. Electronic message boards shall be limited to locations which front a designated arterial or collector roadway. Electronic message boards shall be subject to approval through a conditional use permit.

R.

Freestanding Sign. A sign detached from any building or structure that is supported by one or more uprights, poles or other supports and is permanently affixed to the ground.

S.

Fascia. The flat horizontal band or face of a roof that is located above the exterior wall.

T.

Garage Sale Sign. A sign used to advertise the sale of used or secondhand goods or merchandise at dwellings on residentially zoned property. Such sales are also identified as patio sales, yard sales, etc.

U.

Height. The vertical distance from the top of the curb of a street, ground level or the finished grade to the highest point of the sign.

V.

Marquee. A permanent roofed structure which may or may not be attached to a building which projects into or overhangs a public street or alley right-of-way.

W.

Marquee Sign. A sign attached to or hung from a marquee and:

1.

Is mounted on a vertical plane.

2.

Is mounted parallel to the leading edge of a marquee, except an under marquee sign which may be mounted at an angle to the leading edge of a marquee.

3.

Does not project higher than the fascia of the marquee to which it is attached.

X.

Menu Sign. A sign used to display food products and prices at fast food establishments and may be either freestanding or wall sign.

Y.

Monument Sign. A free-standing sign mounted on a solid base and placed at grade level. The monument sign may have multiple sides but shall not exceed the maximum height and/or area regulations as are adopted for each zone district.

Z.

Name Plate (Plaque). A sign not exceeding four square feet which contains the name of an occupant, a building, a room number or a suite number and may include a directional arrow with the words "Entrance" or "Exit."

AA.

Noncommercial Sign. Any sign which does not direct attention to a business, profession, product, commodity or mercantile-oriented service. This includes but is not limited to any sign expressing personal, political, religious, social message, idea or point of view.

BB.

Off-Premise Sign. Any sign that directs attention to a business, profession, product, commodity, or mercantile-orientated service that is not the primary business, profession, product, commodity or mercantile-orientated service sold, manufactured, conducted, or offered on the site on which the sign is located.

CC.

On-Premise Sign. A sign which advertises or directs attention to goods, services, facilities, events or attractions available on the premises where located or identifies the owner or occupant or directs traffic on the premise. All other signs are off-premise signs.

DD.

Open House Sign. A sign with the words "Open House" and may include an arrow or other directional symbol and real estate office name.

EE.

Political Sign. Any temporary sign or advertising device or display with or without letters, words, numbers, or figures thereon, which is designed to advertise a candidate for political office, a political party or a measure scheduled for an election.

FF.

Portable Sign. Any sign that is not permanently attached to the ground or a structure or is designed to be transported.

GG.

Projecting Sign. Any sign attached to and projecting from face of a wall, canopy, or marquee or any sign mounted on a canopy roof with a slope flatter than a 45-degree angle.

HH.

Real Estate Sign. Shall include For Sale, For Rent, and Open House directional signs which identify the firm's name, address, phone number, and contact person.

II.

Ridgeline. Shall mean the highest point of the roof, the top of a parapet, or the top of the wall of a building.

JJ.

Roof Sign. A sign that is placed above the ridgeline of a building, canopy, or other structure.

KK.

Scenic Corridors. Arterial streets designated in the City's General Plan as having significant scenic and aesthetic value and are subject to specific design, location, height and landscaping requirements. The scenic corridors are Atwater Boulevard, First Street, Bellevue Road, Shaffer Road, Winton Way, Buhach Road, Broadway from Winton Way to First Street, and Third Street from Atwater Boulevard to Grove Avenue.

LL.

Street Frontage. Shall mean the wall of a building or structure which has frontage on a public street, parking lot, walkway or mall. The street frontage which is determined to have the highest traffic volume.

MM.

Subdivision Sign. A sign indicating the name of a recorded subdivision, the name of a contractor or subdivider, the name of the owner or agent and/or giving information regarding directions, price and/or terms.

NN.

Temporary Outdoor Promotional Sign. Any banner, pennant, valance, balloon, streamer, or similar sign or advertising device or display with or without words, number, or figures which directs or promotes service or price, or which is otherwise designed to attract attention.

OO.

Temporary Window Sign. A sign located on the inside of a window which display temporary pricing or promotional information.

PP.

Tenant Identification Sign. A sign or plaque that is mounted on the building and used to identify the building's name or tenants.

QQ.

Time and Temperature Sign. Signs showing digital changes in time and temperature, both centigrade and Fahrenheit and not occurring more frequently than at five second intervals.

RR.

Wall Sign. Any sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a place approximately parallel to the plane of the wall.

SS.

Window Sign. A sign permanently displayed on the inside of a window or painted on a window and having a street frontage.

(Prior Code § 10-5.101; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 791, 3-12-2001; Ord. CS 925, § 1, 2-13-2012)

17.69.060 - Approvals.

A.

All signs except exempt signs shall be subject to Planning Department review and approval. Submittals for Planning Department review shall be on forms provided by the Planning Department with all the required drawings.

B.

Applications for a building permit shall be made to the building inspector upon a form provided by the City and shall contain such information as required therein. The building inspector shall issue permits for the location erection, alteration or relocation of signs within the City when:

1.

An application and required drawings have been submitted.

2.

A review of such application has been made to determine that the sign complies with the ordinances and codes of the City.

3.

The building permit fee is paid.

C.

Building Permits Issued in Error. If a sign permit is issued in error by the chief building inspector and the sign does not comply with all of the requirements of this article and all other laws and ordinances of the City. The permit shall be null and void and no rights or privileges shall be conferred upon the permittee by said permit.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.080 - Right to appeal.

A.

Appeal of Staff Decision. Appeals from administrative decisions rendered on sign ordinance interpretation may be made to the Planning Commission within ten days from the date the notice of action is given. The written appeal shall be filed with the City Clerk and shall state the expected decision and the grounds for appeal. Upon proper application and public hearing, a decision shall be rendered by the Planning Commission as to the reasonableness of the administrative decision based upon applicable ordinance standards.

B.

Appeal of Planning Commission Decision. Within ten days following a Planning Commission decision, an appeal may be made to the City Council by the applicant or other interested parties. The written appeal shall be filed with the appropriate fee to the City Clerk and shall state wherein the decision was inappropriate. The appeal shall be set for public hearing before the City Council. The decision by the City Council shall be final.

(Prior Code § 10-5.117; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.100 - Exempt signs.

A.

The following signs are exempt from the provisions of this ordinance:

1.

Flags or insignia of any government, unless displayed in connection with a commercial promotion.

2.

Memorial signs or tablets containing names of buildings and dates or erections.

3.

Public utility signs regulated by the California Public Utilities Commission.

4.

Legal notices, identification, information or directional signs erected by governmental agencies.

5.

Christmas decorations and lights displayed from November 15 to January 15.

B.

If a sign is less than six feet in height, measured from the finished grade to the top of the sign, the sign is exempt from a building permit but is subject to the provisions of this ordinance.

(Prior Code § 10-5.103; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.120 - Prohibited signs.

The following signs are not permitted:

A.

Signs that portray indecent or morally objectionable language or descriptions.

B.

Signs or displays that are affixed to stationary motor vehicles, trailers, and similar devices for which the primary purpose of the vehicle, trailer, or device is advertising, and the intent is to circumvent the application of this ordinance.

C.

Signs painted or mounted on roofs or placed above the roofline.

D.

Signs of a nonpermanent or temporary nature that are hung, nailed, posted, or in any similar way attached to the outside of a structure for advertising purposes.

E.

Because of the City's compelling interest in ensuring traffic safety, any signs that simulate (in color, size, or design) any traffic control signal, or that make use of words, symbols, characters, or design that may cause a traffic hazard or nuisance by distracting or confusing a motorist or pedestrian.

F.

Signs that may cause glare, reflection, or which contain any moving or rotating parts; or which flash, blink or are otherwise animated. The provision of this subsection shall not apply to the following types of signs:

1.

A conventional clock face.

2.

A sign showing time and/or temperature and changes not more frequently than at five second intervals.

3.

An on-premise barber pole of a length not to exceed ten feet in height measured from the finished grade to the top of the sign.

G.

Signs that are not expressly permitted in a specific zone are otherwise prohibited.

H.

Electronic message boards that do any of the following:

1.

Display animated messages, including flashing, blinking, fading, rolling, dissolving, or any other effect that gives the appearance of movement;

2.

Include or emit an audio message;

3.

Display a message for a period less than 20 seconds;

4.

Have the transition from one message to another that is not instantaneous as perceived from the human eye; or

5.

Display messages that are not complete, requiring any message to continue by fading, scrolling, or other manner to a subsequent message.

All electronic message boards shall comply with this section and the requirements located in the definition of "electronic message boards" in Section 17.69.050.Q. of this chapter.

I.

Portable signs, as defined in this chapter, including, but not limited to, A-frame signs.

J.

Persons or costumed persons holding signs with the purpose of drawing attention to or advertising a commercial enterprise, including but not limited to sign spinners/twirlers, commercial mascots, and sign clowns.

K.

Commercial flags, banners, or any signs attached to poles with the intent to flap in the wind.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 925, § 2, 2-13-2012; Ord. CS 1057, § 1, 4-10-2023)

17.69.140 - General requirements.

A.

All signs shall be erected in compliance with adopted City codes and standards.

B.

All signs shall be properly maintained.

C.

All signs shall remain out of the City's recognized clear zones, as defined in section 17.12.120 and public rights-of-way, and in no way shall any sign constitute a vehicular traffic hazard by distracting or confusing a motorist.

D.

No sign shall be attached to any City street tree, utility pole, street signal, street light, street name sign, traffic warning sign, bus shelter, or similar device or facility.

E.

Signs if other wise authorized, are permitted to be located in a front, side, or rear yard. The projection of an authorized sign into any street or right-of-way shall be as follows:

1. Freestanding Sign No projection
2. Wall Sign Up to 14 inches in thickness
3. Marquee/Canopy Sign Not closer than two (2) feet from the face of the curb
4. Projecting Sign Not closer than two (2) feet from the face of the curb.

 

(Ord. CS 711, 1994)

17.69.160 - Scenic corridors.

Freestanding signs erected along scenic corridors are subject to the following setback, landscaping, and design requirements:

A.

No closer than ten feet to property line or 18 feet to curb face. Areas along Atwater Boulevard shall conform to established building setbacks.

B.

Signs shall be of a monument style, mounted on a solid base, and not to exceed eight feet in height measured from the finished grade to the top of the sign.

C.

The sign shall be placed in a landscaped area equipped with a seven-day automatic irrigation system.

D.

The design and construction materials of monument signs shall be reviewed and approved by the Planning Department.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.180 - Gasoline service stations.

Permanent signs in service stations shall not exceed 300 square feet.

A.

Identification Sign.

1.

Signs may be permitted on pump islands, canopy uprights, or non-movable structures in the pump island. If there is no canopy, these signs shall not exceed three feet in height and shall not extend beyond the pump island.

2.

No sign shall project above the canopy or beyond a building edge.

3.

One freestanding sign is permitted not to exceed 90 square feet in sign area and 20 feet in height measured from the finished grade to top of the sign, except on a scenic corridor.

4.

Wall signs shall be limited to two street frontages and shall not exceed one square foot of sign area per lineal foot of building frontage.

5.

Temporary window signs for mini marts within service stations shall be limited to two principle street frontages and to 15 percent of each window area.

B.

Motor Fuel Sign.

1.

Motor fuel price signs for each street frontage of the site are permitted. Maximum square footage for all fuel price signs shall be 60 square feet.

2.

Such signs may be on an individual sign or on a combination of cash and discount pricing signs.

3.

If motor fuel signs are to be freestanding, then such signs must be combined with the freestanding identification signs and not to exceed the allowable sign area.

4.

Sign copy of fuel price signs shall comply with applicable State codes and regulations.

(Ord. CS 711, 1994; Ord. CS 744, 1997; Ord. CS 791, 3-12-2001)

17.69.200 - Outdoor advertising signs, billboards.

Outdoor advertising signs may be permitted in the M-1 and M-2 zones provided the signs are located within 300 feet of the Freeway 99 right-of-way.

A.

Maximum sign area is 600 square feet and 50 feet in height measured from the finished grade to the top of the sign.

B.

Signs located on property within 660 feet of the Freeway 99 right-of-way may be higher than 50 feet measured from the finished grade to the top of the sign or larger than 600 square feet subject to obtaining a conditional use permit with the following findings:

1.

The Commission may grant approval if the applicant can show that an overcrossing of Freeway 99 or ramps thereto obstruct visibility of said sign. The applicant shall also present plans illustrating the means by which the minimum height necessary to clear said visual obstruction was determined.

2.

In deciding whether to grant additional height and sign area, the Commission shall take into consideration the location, size, and proximity of the proposed sign and surrounding signs.

(Prior Code § 10-5.113; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.220 - Commercial center uniform design standards.

Uniform Design Standards shall be a method to provide consistency, uniformity and coherence in design and construction of signs erected in commercial centers whose building square footage totals a minimum 5,000 square feet.

A.

Uniform Design Standards shall be established at the site plan, use permit or at the initial development plan review stage. The design, construction, materials, color scheme and location of such signs shall be uniform, compatible and consistent with all other identification signs in the commercial center.

B.

The Planning Commission shall establish the location, colors, and construction of the shopping center signs.

C.

Subsequent signs in the same commercial center, even if the businesses are in separate ownership or on separate parcels, shall follow the Uniform Design Standards as established at the initial review stage.

D.

Registered logos or trademarks may be used if the location, color, design and construction materials remain consistent with the adopted standards.

E.

Illuminated, neon, or other self-lighted signs may be used.

F.

In shopping centers over 50,000 square feet, the shopping center identification signs and the individual business identification signs shall be illuminated during the same time periods. Anchor tenants over 30,000 square feet shall establish their own illumination schedule.

G.

One sign 25 feet in height measuring from the finished grade on arterial streets and one sign 15 feet in height measuring from the finished grade on secondary streets for shopping centers.

(Ord. CS 711, 1994; Ord. CS 791, 3-12-2001)

17.69.240 - Freeway corridors.

Businesses located within 300 feet of the Freeway 99 right-of-way may have one freestanding sign up to 50 feet in height measured from the finished grade to the top of the sign and 250 square feet in sign area, if the sign is oriented to attract freeway traffic. A use permit shall be required for signs higher than 50 feet measured from the finished grade to the top of the sign and larger than 250 square feet.

A.

For a freestanding tourist-oriented hotel, motel, restaurant, service station or similar business located on property within 300 feet of the Freeway 99 right-of-way, one freestanding identification sign exceeding 250 square feet in area and higher than 50 feet measured from the finished grade to the top of the sign may be approved subject to approval of a conditional use permit. Said use permit shall be dependent upon the following findings:

1.

That the use or occupancy is a freestanding use. In this section, a freestanding use is defined as a use or occupancy that does not attract customers by its proximity to another business or businesses that jointly attract customers though their proximity to each other or be adequately identified by other signs otherwise permitted.

2.

That the use or occupancy cannot be adequately identified by other signs otherwise permitted.

3.

That an overcrossing of Freeway 99 or ramps thereto obstruct visibility of said sign to the northbound or south bound lanes of Freeway 99. Applicants shall present plans illustrating the means by which the minimum height necessary to clear said visual obstruction was determined.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.280 - Real estate signs.

The following regulations apply to on site real estate signs in residential and commercial zones:

A.

Residential Zones.

1.

One unlighted For Sale or Rent sign, per street frontage, not to exceed eight square feet in area and four feet in height measured from the finished grade to the top of the sign.

2.

Three unlighted For Sale, For Rent, or Open House signs, not to exceed four square feet each and three feet in height measured from the finished grade to the top of the sign.

3.

Real estate rental signs may include copy describing the rental units and prices.

B.

Commercial and Industrial Zones.

1.

One freestanding sign per street frontage not exceeding 64 feet in area and ten feet in height measured from the finished grade to the top of the sign.

2.

In a shopping center over 50,000 square feet, a permanent leasing sign may be installed providing the sign area does not exceed 32 square feet and ten feet in height measured from the finished grade to the top of the sign.

C.

Real estate signs shall be removed 15 days after close of escrow, rent, or lease of the property or building.

D.

Temporary off premise real estate open house signs are permitted subject to the property owner approval. The displays shall not be erected prior to one hour before, or shall be removed one hour after, the advertised time of the open house. The height and sign area shall comply with portable signs Section 17.69.340.C, E.1, E.2 and H.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.290 - Construction signs.

A.

Residential Zones.

1.

One construction sign per residential development not to exceed 32 square feet in area and ten feet in height measured from the finished grade to the top of the sign.

2.

Construction signs shall be removed no later than three years from date of erection or 30 days from completion of the last unit in the subdivision.

B.

Commercial/Industrial Zones. One construction sign per property not exceeding 64 square feet in area and ten feet in height measured from the finished grade to the top of the sign provided such signs are removed no later than 30 days after completion of construction.

(Prior Code § 10-5.109; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.300 - Subdivision real estate signs.

One subdivision sign per street frontage for residential subdivision not to exceed 64 square feet in area and ten feet in height measured from the finished grade to the top of the sign provided that such signs shall be removed no later than three years from the recording date of the subdivision except as follows:

A.

The City Manager or Planning Director shall have the authority to extend the time period for one additional year. A request for an extension shall be submitted to the Planning Department prior to the expiration of the initial time approval.

B.

Where building permits have been taken out for more than 50 percent, but less than 65 percent of the lots in such subdivision at the end of said three-year period, such sign may remain for an additional one-year period.

C.

Where building permits have been taken out for 50 percent or less of the lots in such subdivision at the end of said three-year period, such sign may remain for an additional two-year period.

D.

Up to three unlighted off-premise directional signs not exceeding 32 square feet in area and ten feet in height measured from the finished grade to the top of the sign may be permitted. These signs shall be removed at the same time as the subdivision sign.

E.

Up to ten off-premise directional signs for weekend use may be displayed for each residential subdivision subject to the following requirements:

1.

The signs shall be placed only on major collectors and provide the most direct routes to the advertised subdivision.

2.

The signs shall not be placed in public rights-of-ways and shall have property owner approval where displayed.

3.

The signs shall be displayed for weekend promotion only and shall be erected no earlier than 12:00 p.m. Friday, and shall be removed no later than 12:00 a.m. Monday.

4.

The signs shall be no higher than four feet in height measured from the finished grade to the top of the sign, and no larger than four square feet in area.

(Prior Code, § 10-5.107; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.320 - Temporary political signs.

In any zone, subject to obtaining property owner's or possessor's prior consent, temporary political signs shall be permitted to be on display for a maximum of ten days after the election involving the candidate or issue display has been held; provided that in no case shall any such sign be displayed for more than 140 days during any calendar year. One temporary political sign per candidate or issue is permitted and shall be subject to the same regulations of the zone in which it is located except as noted below.

A.

In Residential zones, two signs per candidate or issue and shall not exceed 12 square feet in area and three feet in height measured from the finished grade to the top of the sign.

(Prior Code § 10-5.112; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.340 - Reserved.

Editor's note— Ord. CS 1057, § 2, adopted April 10, 2023, repealed § 17.69.340, which pertained to portable signs and derived from prior Code § 10-5.111; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997.

17.69.360 - Reserved.

Editor's note— Ord. CS 1057, § 2, adopted April 10, 2023, repealed § 17.69.360, which pertained to temporary outdoor promotional displays and derived from prior Code § 10-5.110; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997.

17.69.380 - Temporary window signs.

A.

Temporary banners or posters may be installed inside windows when used in conjunction with national, state, holiday advertising programs or weekly market specials.

B.

Window coverage of temporary window signs may not exceed 50 percent of the total window area.

C.

For businesses with more than one frontage, 25 percent of window area of a second frontage may also be used.

(Ord. CS 711, 1994)

17.69.400 - Temporary seasonal sales signs.

Signs erected for fireworks stands, pumpkin stands or Christmas tree lots shall not exceed 64 square feet in area and no higher than eight feet in height measured from the finished grade to the top of the sign and shall not encroach into any public right-of-way. Such signs shall be displayed for no more than the allowable, permitted time for that event.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.420 - Garage sale signs.

Two unlighted garage sale signs not exceeding three feet each in area and maximum of three feet in height measured from the finished grade to the top of the sign and may be displayed as follows:

A.

Said signs may be displayed only at times when the garage sale is actually being held or conducted.

B.

Said signs may only be erected and displayed on private property with the consent of the owner thereof.

C.

No sign shall be attached or placed on any utility poles, traffic signal poles, or within the public right-of-way.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.440 - Directional signs.

A directional sign shall not bear any advertising message and shall be located on the same premises as the use which it is intended to serve.

A.

Two on-site directional signs are allowed for each egress or ingress. More than two on-site directional signs for each business shall require approval by the Planning Commission. The design and location shall be approved by the Planning Department.

B.

Maximum allowable square footage is 12 square feet per sign.

C.

Maximum allowable height is six feet measured from the finished grade to the top of the sign.

D.

Directional signs shall not be calculated in the total allowable square footage allocated for a specific zone.

(Prior Code § 10-5.106; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 791, 3-12-2001)

17.69.460 - Non-commercial signs.

Non-commercial signs may be established and maintained on private property provided that they conform to all applicable provisions of this chapter. If displayed on a parcel containing no permanent or temporary building, the applicable maximum height and area of such signs is that maximum applicable to signs for the predominant use within that zone district. The design, materials and placement of non-commercial signs shall conform to all applicable provisions of this Code.

(Ord. CS 711, 1994)

17.69.470 - Residential zones.

Signs other than for religious or institutional uses are not permitted.

(Ord. CS 744, 10-27-1997)

17.69.480 - Multifamily zone.

One building or complex identification sign per frontage which may be either a monument type sign or a wall sign.

A.

Monument signs shall not exceed 32 square feet in area for a maximum height of four feet measured from the finished grade to the top of the sign.

B.

Wall signs shall not exceed 24 square feet in area, are limited in height to ten feet from ground level, and shall not be internally illuminated.

C.

One manager's plaque sign may be permitted provided the sign does not exceed four square feet.

(Prior Code § 10-5.106; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.500 - Institutional and religious signs.

A.

Institutional Signs. The following signs are permitted for institutional uses including government buildings and facilities, museums, private schools, and convention or gathering halls:

1.

One monument sign not to exceed 64 square feet in area and eight feet in height measured from the finished grade to the top of the sign.

2.

Freestanding Reader Board or Electronic Message Board. One Freestanding Reader Board sign not to exceed 20 feet in height and 30 square feet in area, or one Electronic Message Board provided that the Electronic Message Board is integrated into either a permitted Monument Sign or Freestanding Reader Board to form a cohesive design unit and the Electronic Message Board component does not exceed 75 percent of the total sign area. An applicant may not have both a Freestanding Reader Board and an Electronic Message Board. An Electronic Message Board shall be subject to approval of a Conditional Use Permit, pursuant to Chapter 17.71 of this Code. Approval of the Conditional Use Permit shall also require the following findings:

a.

The Electronic Message Board is consistent with Sections 17.69.500(A), 17.69.050(Q) and 17.69.120(H) of this Code.

b.

The Electronic Message Board will be located adjacent to an established arterial or collector roadway as designated in the City's General Plan.

c.

The Electronic Message Board is consistent with the City's General Plan, the City's Zoning Code, City Municipal Code and all other applicable codes and regulations.

d.

The orientation of the face of the Electronic Message Board is not detrimental to the character of development in the immediate neighborhood, and does not pose a safety risk to motorists or pedestrians.

3.

Two on-site directional signs per egress/ingress not to exceed 12 square feet in area and a maximum of six feet in height measured from the finished grade to the top of the sign. More than two signs per business shall require approval by the Planning Commission. The design and location shall be approved by the Planning Department.

4.

One wall identification sign not to exceed one square foot per each linear foot of building frontage.

5.

All monument signs, freestanding signs, and directional signs shall be placed within the landscaped area to be equipped with a seven day automatic irrigation system.

6.

The design and materials of all monument signs shall be reviewed and approved by the Planning Department.

B.

Religious Signs. The following signs are permitted for religious centers (churches):

1.

One monument sign per frontage (maximum of two) with One primary monument sign not to exceed 64 square feet in area and eight feet in height measured from the finished grade to the top of the sign and a secondary, provided the lot has two frontages, not to exceed 32 square feet in area and eight feet in height measured from the finished grade to the top of the sign.

2.

Two on-site directional signs per egress/ingress not to exceed twelve square feet in area and a maximum of six feet in height measured from the finished grade to the top of the sign. More than two signs for each business shall be approved by the Planning Commission. The design and location shall be approved by the Planning Department.

3.

One wall identification sign not to exceed one square foot per each linear foot of frontage.

4.

Electronic Message Board. The use of an Electronic Message Board is permitted subject to the approval of a Conditional Use Permit. An Electronic Message Board shall be integrated into one of the two permitted Monument Signs or the wall identification sign as permitted within this section provided that the Electronic Message Board component does not exceed 75 percent of the total sign area and is integrated with the remainder of the sign to form a cohesive design unit. Only one Electronic Message Board will be allowed. An Electronic Message Board shall be subject to approval of a Conditional Use Permit, pursuant to Chapter 17.71 of this Code. Approval of the Conditional Use Permit shall also require the following findings:

a.

The Electronic Message Board is consistent with Sections 17.69.500(B), 17.69.050(Q) and 17.69.120(H) of this Code.

b.

The Electronic Message Board will be located adjacent to an established arterial or collector roadway as designated in the City's General Plan.

c.

The Electronic Message Board is consistent with the City's General Plan, the City's Zoning Code, City Municipal Code and all other applicable codes and regulations.

d.

The orientation of the face of the Electronic Message Board is not detrimental to the character of development in the immediate neighborhood, and does not pose a safety risk to motorists or pedestrians.

5.

All monument and directional signs shall be placed within a landscaped area equipped with a seven day automatic irrigation system.

6.

The design and materials of monument signs shall be reviewed and approved by the Planning Department.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. 791, 3-12-2001; Ord. CS 925, § 3, 2-13-2012; Ord. CS 933, § 1, 4-8-2013)

17.69.520 - Planned development zone.

All signs in Planned Developments shall be reviewed and approved by the Planning Commission as part of the Final Development Plan or by the Planning Department thereafter.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.540 - Commercial center standards.

Commercial centers shall include all commercial complexes, whether retail or service oriented located in any of the commercial zones which contain 5,000 square feet or more commercial space and are developed as an integral unit on one or more contiguous parcels and utilize common off-street parking shall be subject to the Uniform Design Standards per Section 17.69.220

A.

Freestanding Identification Sign.

1.

One commercial center or complex identification sign may be erected for each street frontage.

2.

The commercial center identification sign shall be limited to a maximum of 250 square feet of sign area and limited to 12 feet in height measured from the finished grade to the top of the sign except in scenic corridor.

3.

The commercial center identification sign shall be located a minimum of ten feet behind the public right-of-way and not interfere with vehicular traffic or safety.

4.

The sign copy shall be limited to the name of the center and may include the street address of the complex.

5.

A commercial center sign may include the individual business names if the height, square footage, and all other requirements of this section are maintained.

6.

The area surrounding the sign shall be attractively landscaped and be equipped with a seven-day automatic irrigation system.

B.

Individual Business Identifications Sign.

1.

One wall or fascia sign one and one-half square feet per linear foot of building frontage. Businesses with two frontages may have a second sign with a maximum of 50 percent of the main sign area. No sign shall exceed 300 square feet in area.

2.

Window signs shall be limited to 15 percent of a window area.

3.

Canopy signs shall be limited to one per business and not exceed 30 percent of the building frontage.

4.

Under canopy signs shall be limited to eight square feet per side and have a minimum vertical clearance of seven feet, six inches above the finished grade.

C.

Directional Sign.

1.

Two exterior directional signs per use is permitted and shall not exceed 12 square feet in area and six feet in height measured from the finished grade to the top of the sign. Business identification shall not exceed one-half of the area on a given sign face. More than two signs per business shall require approval by the Planning Commission. Design and location shall be approved by the Planning Department.

2.

As an alternative, any number of interior directional signs may be permitted providing each sign does not exceed four feet in area and four feet in height measured from the finished grade to the top of the sign.

D.

Menu Sign. Two menu signs may be permitted for a drive-in restaurant or other eating place with drive-through facilities providing the sign does not exceed 48 square feet in area or six feet in height measured from the finished grade to the top of the sign.

E.

Wall Menu Sign. For non drive-through restaurants, one wall menu sign at the main entrance is permitted provided the sign does not exceed 12 square feet in area.

(Prior Code § 10-5.106; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 791, 3-12-2001)

17.69.560 - General commercial zone.

Total allowable square footage for all signs shall be 200 square feet per business.

A.

Freestanding Sign. One freestanding sign per parcel not to exceed 70 square feet of total sign area or 12 feet in height measured from the finished grade to the top of the sign, except when located on a scenic corridor, the height shall not exceed eight feet.

B.

Wall Sign.

1.

One sign per business frontage not to exceed one and one-half square feet of sign area per linear foot of building frontage and not to exceed 300 square feet.

2.

For businesses with a second frontage, a second wall sign is limited to 50 percent of the main sign.

C.

Nameplate or Plaque Sign. One sign for each business or tenant may be permitted not to exceed four square feet in area and to be located near the principal business entrance.

D.

Directory Sign. A directory sign shall be considered a freestanding sign. One sign per office complex or business establishment. If the office complex has more than one principal street frontage, then one directory sign may be allowed for each frontage providing the signs do not exceed 30 square feet each.

E.

Canopy Sign. One sign for each business tenant not exceed 20 percent of the tenant's business frontage.

F.

Permanent Window Sign. Window signs are limited to 15 percent of each window area.

(Prior Code § 10-5.106; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 791, 3-12-2001)

17.69.580 - Central commercial zone.

A.

General Regulations.

1.

Freestanding signs are not permitted in the area along Broadway from Fifth Street to First Street and along the north side of Atwater Boulevard form Winton Way to First Street.

2.

Total maximum sign area for all signs including canopy, marquee, wall, projecting, freestanding, and window signs in the C-C zone is 200 square feet per parcel or lot.

B.

Permitted Sign. The following signs are permitted in the C-C zone:

1.

Freestanding Sign. One sign per property not to exceed 50 square feet in area and eight feet in height measured from the finished grade to the top of the sign.

2.

Projecting Sign. One sign per business not to exceed 12 square feet in area.

3.

Wall Sign. One sign per tenant, frontage not to exceed one square foot in area per lineal foot of building frontage. If suite with two frontages, 50 percent of allowable sign area can be used for the second frontage sign.

4.

Canopy Sign/Marquee Sign. One sign per building frontage not to exceed 24 square feet in area.

5.

Under Canopy Sign. One sign per building tenant not to exceed eight square feet in area and shall have a vertical clearance of seven and one-half feet from the finished grade.

6.

Building/Tenant Identification. One plaque per tenant not to exceed four square feet in area.

(Prior Code § 10-5.106; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 791, 3-12-2001)

17.69.600 - Industrial zone.

A.

On-premise advertising signs in the industrial zones shall be limited to a total maximum square footage of 400 square feet per parcel.

B.

Freestanding Sign.

1.

One monument sign per lot or parcel may be allowed provided the sign is limited to 12 feet in height measured from the finished grade to the top of the sign, located ten feet behind the property line and does not exceed 100 square feet in area. The design and construction materials shall be reviewed and approved by the Planning Department.

2.

Landscaping, a seven-day automatic irrigation system, is to be provided in an area surrounding the base of the sign.

3.

The design, style and color scheme of the sign shall match or complement the design of the business.

C.

Wall Signs. Each business occupant located in the industrial zone may have one wall sign per tenant building frontage. Such sign shall be limited to one square foot in area per linear foot of building frontage, and total sign area shall not exceed a maximum of 300 square feet for the entire parcel.

(Prior Code § 10-5.106; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 791, 3-12-2001)

17.69.620 - Sign abatement.

After the date of adoption of this ordinance, the City shall commence a program to inventory and identify all illegal or abandoned signs within its jurisdiction and shall commence abatement of illegal or abandoned signs, pursuant to the same procedural rules set forth in section 17.69.640 of this Chapter.

(Ord. CS 711, 1994)

17.69.640 - Nonconforming signs.

A nonconforming sign is one which was lawfully erected or placed upon real property, but which could not be established in the same manner under the present ordinance.

A.

Nonconforming signs may be maintained, but not substantially altered, modified, added to, or increased in area. A change in copy shall be permitted if no structural changes are made. Any substantial changes would require full conformance with the provisions of this ordinance. Notwithstanding this section, certain signs shall be required to conform.

B.

A nonconforming sign which is destroyed or damaged to an extent in excess of 50 percent of its estimated value shall not be replaced or repaired, except by a sign which conforms to the provisions of this ordinance.

C.

A nonconforming sign whose use is discontinued for over 180 days shall be removed within 30 days, unless within that period of time it is made to conform.

D.

Each nonconforming sign shall be removed or made to conform to the provisions of this article at the sole cost of the owner thereof.

E.

All nonconforming signs shall be provided a useful life of 15 years. Legal signs erected prior to March 12, 1983, shall remain in existence for a period of 15 years beginning March 12, 1983.

(Prior Code § 10-5.114; Ord. CS 711, 1994)

17.69.660 - Removal of illegal signs, procedure.

A.

Any sign which is prohibited, illegally installed or which does not conform to the provisions of this Chapter, and any illegal nonconforming sign which meets the criteria set forth in California Business and Professions Code Section 5497, as it presently exists or as it may be amended, shall be either abated and removed, or in the alternative, brought into compliance with the provisions of this Chapter, without payment of any compensation to the owner, pursuant to the procedure provided herein.

B.

The City Manager or the Director of Planning, after conducting an investigation, shall order the abatement and removal of any such sign, or direct that such sign shall comply with the provisions of this Chapter, by giving Notice of Violation to the business owner using said sign and to the owner of the real property upon which the sign is located. The Notice of Violation shall contain the following information:

1.

It shall describe or otherwise identify the sign and specify the violation requiring its removal or correction.

2.

It shall order that the sign be either removed or that in the alternative it be brought into compliance with the provisions of this Chapter within 30 days from the date that the Notice of Violation is mailed.

3.

It shall contain a notice of the right to appeal as provided herein.

C.

The Notice of Violation shall be sufficient if it is mailed via first class U.S. mail to the business owner at the business address upon which the sign is located, and to the property owner at the address shown on the last equalized assessment roll of the county. If there is no known business owner conduction business upon the property, then notice to the owner of the real property as provided herein shall be sufficient.

D.

If the business owner and/or the real property owner do/does not agree with the determination of the City Manager or Planning Director, either or both such parties may appeal the determination by filling with the office of the Director a written Notice of Appeal, which notice shall be served and received by the Director not later than 30 days from the date that the Notice of Violation was mailed.

E.

The City Manager or Planning Director shall have the authority to extend the 30 days time period for the removal or correction of a sign, if he/she determines that the affected party is acting in good faith. Such extensions of time shall not exceed a total of 120 days without prior approval of the Planning Commission.

F.

Upon the timely receipt of written appeal by the City Manager or Planning Director, a Hearing shall be set before the Planning Commission within 30 days of receipt of the said Notice of Appeal. Written notice of the date of the hearing on the appeal shall be given to the appellant via first class U.S. mail at least ten days prior to the hearing date.

G.

The Planning Commission shall hear and determine the appeal, and its decision shall be final.

H.

Upon a determination by the Planning Commission that the offending sign must be removed, or in the absence of an appeal and upon the expiration of the 30-day compliance period, the City may cause the removal of the sign, either by use of its own personnel or by contracting for its removal with appropriate and qualified contractors. The owner of the real property and the owner of the business upon which the sign is located shall be jointly and severally responsible for all cost and expense incurred by the City for the removal of the sign, and the City may cause a lien to be placed against said real property for such costs plus administrative expense. Nothing contained herein shall otherwise limit the City from enforcing such other legal remedies.

I.

Signs removed by the City pursuant to this Chapter shall be stored for a period of 30 days, during which time they may be recovered by the owner upon payment to the City of all costs of removal and storage. The City shall give written notice to the business owner and/or the owner of the real property of their to reclaim the stored property within 30 days upon the payment to the City of all costs of removal and storage. The written notice so given shall contain a statement of the amount required to redeem said property. Said notice shall be served as provided in Section 17.69.640.C hereof.

If said property is not recovered prior to the expiration of the 30-day period, the sign and supporting structures shall be deemed abandoned, title thereto shall vest in the City, and the City may sell or otherwise dispose of the property as it may determine, and apply any proceeds received therefrom to the satisfaction of its cost and expenses.

(Prior Code § 10-5.115; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.680 - Sign variance.

The Planning Commission may grant variances from the provisions of this article in accordance with the provisions of Section 17.74 of the Atwater Municipal Code.

(Ord. CS 711, 1994)

17.69.700 - Safety and maintenance.

All signs shall be subject to the following:

A.

The owner of any sign shall maintain all parts, portions, units and materials composing the sign together with the frame, background, supports or anchorage thereof in a proper state of repair and safety and state of preservation.

B.

All parts of the sign, inclusive of the frame, background, supports, or anchorage shall be maintained in a neatly painted condition.

C.

All signs shall be inspected by the building official and shall be made to comply with this article when directed in writing by the City Manager or Planning Director.

D.

An owner of a sign must comply within ten days after receiving Notice of Noncompliance, or the building official may cause such sign to be removed. Any expense incurred to remove the sign shall be paid by the owner of the business or real property.

(Prior Code § 10-5.104; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.720 - Enforcement.

It shall be the duty of the building official, the City Manager, Planning Director, or designee to enforce the provisions of this ordinance. Any sign installed, substantially altered, or relocated contrary to the provisions of this ordinance shall be declared to be in violation of this ordinance. Enforcement of this Chapter shall be in accordance with Section 8.32.030, 8.32.070, 8.32.080, 8.32.090 of this Code.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 1057, § 3, 4-10-2023)