50 - SIGNS7
Editor's note— Ord. No. O-03-17, § 2, adopted April 4, 2017, amended chapter 18.50 in its entirety to read as herein set out. Former chapter 18.50, §§ 18.50.010—18.50.160, pertained to similar subject matter, and derived from Ord. 0-02-08 § 2 (part), 2008; Ord. No. O-05-11, § 2, 10-18-2011; Ord. No. O-06-12, § 4, 6-19-2012; Ord. No. O-04-13, § 2, 10-1-2013; Ord. No. O-03-14, § 7, 3-4-2014.
The City recognizes that Signs and other graphics are an essential element of a community's visual appearance. They also provide a means to identify and promote Businesses and are an important element in creating safer Public Streets and Highways. Consequently, the purpose of this chapter is to provide Sign regulations that are consistent with the goals and objectives of the General Plan and the community's visual and aesthetic goals. In addition, these regulations are intended to:
A.
Promote an economically stable and visually attractive community and insure that the special character and image the City is striving for can be attained;
B.
Promote Signs and graphics that are attractive, pleasing and harmonized with the physical character of the environment and surrounding Properties, while serving the advertising needs of the Business community;
C.
Promote traffic safety and the smooth and efficient flow of Pedestrians and Vehicles to their destinations;
D.
Direct Persons to various activities and enterprises, in order to provide for maximum public convenience.
(Ord. No. O-03-17, § 2, 4-4-2017)
A.
The provisions of this chapter shall not be interpreted to nullify any easements, covenants or other private agreements which provide for more restrictive Sign regulations than are required by this chapter.
B.
The Development Services Director is authorized and directed to enforce and administer the provisions of this chapter. Whenever the application of this chapter is uncertain due to ambiguity of its provisions, the issue shall be referred to the Development Services Director for a determination. Such determination shall be made within ten days. Any decision made by the Development Services Director may be appealed to the Planning Commission in accordance with Section 18.50.040(F) of this chapter.
C.
It is the City's policy and intent to regulate both commercial and Noncommercial Signs in a viewpoint-neutral or content-neutral manner. The message of the Sign shall not be reviewed except to the minimum extent necessary to identify the type of Sign.
D.
In each instance and under the same conditions to which this chapter permits any Sign, a Sign containing an ideological, political or other Noncommercial Message that is constructed to the same physical dimensions of the permitted Sign shall be permitted.
E.
Within this chapter, the distinction between on-premises and off-premises applies to Commercial Messages.
F.
Signs not expressly permitted by this chapter are prohibited.
(Ord. No. O-03-17, § 2, 4-4-2017)
For purposes of this chapter, the following terms shall have the provided definitions:
"Abandoned Advertising Display" or "Abandoned Sign" means any display or Sign remaining in place or not maintained for a period of ninety days, which no longer identifies an ongoing business, product or service available on the business premises where the display or Sign is located or where the building, business or establishment to which the display or Sign is related has ceased operation. For purposes of this definition, abandonment for the applicable ninety-day period shall be deemed conclusive evidence of abandonment regardless of the property, business or Sign owner's intent.
"Animated Sign" means any Sign that uses flashing, blinking, movement or change of lighting to depict action or create a special effect. Any Sign with images or messages changing more than once within four seconds shall also be considered an Animated Sign.
"Beacon" or "Spotlight" means any structure or equipment emitting laserlight or light with one or more beams (whether stationary or moving) that are directed into the atmosphere or at one or more points not on the same lot as the light source.
"Banner" means any non-metallic paper, cloth, canvas, light-weight fabric or other non-rigid material, with or without frames, whether displayed horizontally or vertically freestanding (such as a flag), wall-mounted, pole-mounted, window-mounted or painted, or any other method of attachment, that is intended to be displayed for a limited period of time and intended to attract attention to the business or use conducted on the site, or intended to provide notice to City residents, as well as those who work in and visit the City, about special events that are sponsored by the City.
"Billboard" means a type of Off-premises Advertising Display that sells advertising copy to businesses that may or may not be located within the City, and may or may not be associated with a specific business location.
"Business District Sign" means a type of freeway-oriented Off-premises Advertising Display that sells advertising copy to businesses that are located within the respective Business District Sign Overlay identified on the Official Zoning Map. "Can Sign" means a Sign which contains all the text and/or Logo symbols within a single enclosed cabinet that is mounted to a wall or other surface. It specifically does not include the Sign cabinet that is part of a freestanding Sign.
"Canopy Sign" means any Sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover (excluding a Marquee) over a door, entrance, window or outdoor service area.
"Changeable Copy Sign, Electronic " means a Sign whose primary advertising focus is the intermittent display of electronic, computerized, digital or similarly produced letters, numerals, words messages, scenes or images as part of the advertising message that is changed no more than once every four seconds. A Sign on which the message or image create the illusion of flashing, blinking, movement, or animation shall be considered an Animated Sign purposes of this chapter.
"Changeable Copy Sign, Non-Electronic" means a Sign or portion thereof with characters, letters or illustrations that can be changed or rearranged manually without altering the face or surface of the Sign. A Sign on which the message or characters change more than twelve times per day shall be considered an Animated Sign and not a Changeable Copy Sign for purposes of this chapter.
"Channel Letter Sign" means a Sign made up of individual letters that are independently mounted to a wall or other surface. The "air space" between the letters is not part of the Sign structure but rather the building facade. A Logo may also be considered a channel letter provided it is clearly distinguishable from other Sign elements.
"City Manager" means the City Manager of the City of Colton or his or her designee.
"Commercial Flag" means a "Banner."
"Commercial Message" means any Sign, wording, Logo, or other representation that names or advertises a business, product, service, or other commercial activity.
"Construction Sign" means a temporary Sign directly connected with a construction project and may include the construction company's name, addresses and telephone number.
"Copy" means the words, letters, numbers, figures, designs, or other symbolic representations incorporated into a Sign.
"Development Services Director" means the Development Services Director of the City of Colton or his or her designee.
"Directional Sign" means any Sign intended to be permanently affixed and utilized only for the purpose of indicating the direction of any object, place, or area.
"Field" means the part of the Sign with no letters or Logos.
"Freeway-Oriented Sign" means a Sign, located on property which is adjacent to a freeway and meant to be seen from the freeway.
"Frontage, Public" means that side of a building facing onto a public street, mall (pedestrian courtyard), or parking area.
"Frontage, Street" means that side of a lot abutting a public street.
"Future Tenant Identification Sign" means a temporary Sign not exceeding thirty-two square feet in area that identifies a future use of a site or building.
"Gateway Sign" means a freeway-oriented Off-premises Advertising Display that promotes city businesses and other non-competing businesses and provides civic news and announcements, and is located within one-half mile feet of city corporate limits.
"Grand Opening Sign" means a Banner not exceeding thirty-two square feet in area that promotes the opening of a new business or use at a site or building.
"Graphic" means a symbol, pattern, or image used to advertise a product of a company, business, or organization and includes, but is not limited to, trademark Logos.
"Inflatable Balloon Sign" means a Sign consisting of balloons, inflatables or similar air, helium or hydrogen filled materials, including balloons and inflatables made of metallic and cloth material, no matter the size that is used to attract attention.
"Kiosk Sign" means an advertising and Directional Sign sponsored by the local building industry association or other local business and/or civic association and approved by the Planning Commission and/or City Council to advertise future residential subdivisions, residential planned communities or local business promotions and civic events sponsored by such associations.
"Logo" means a proprietary Graphic and/or text used as an identifying mark of a company, business, or organization. For purposes of this chapter, Logos shall be limited to registered trademarks, with proof of trademark from the United States Department of Treasury, for companies with a minimum of five operating stores/locations.
"Marquee" means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building for a distance of five or more feet, generally designed and constructed to provide protection from the weather.
"Marquee Sign" means any Sign attached to, in any manner, or made a part of a Marquee.
"Monument Sign" means a freestanding Sign less than six feet in height which is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding Sign types shall be either "Pole Sign" or "Pylon Sign." See Figure 18.50-1 (Monument Sign).
Figure 18.50-1: Monument Sign
"Multi-Tenant Center" means a property or combination of properties containing two or more businesses and which share common parking, driveway and access areas.
"Murals" means a painting on an exterior as a work of art with no Commercial Message.
"Noncommercial Flag" means any cloth, paper, canvas, light-weight fabric or other non-rigid material that identifies the United States, the State of California and other countries and states, counties and municipalities, nationally recognized organizations or corporations, and any other vertical or horizontal flag with no text, characters, or other message.
"Noncommercial Sign" means a Sign which displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern.
"Nonconforming Sign" means a Sign lawfully erected which does not comply with the provisions of this chapter.
"Off-Premises Advertising Display" or "Outdoor Advertising Display" means any billboard, structure, housing, Sign, painting, message placard or other contrivance, or any part thereof, which has been designed, constructed, created, intended or engineered to have a useful life of fifteen years or more and intended or used to advertise or to provide data or information in the nature of advertising for a business or businesses not located on the same premises as the Sign.
"On-Premises Advertising Display" means any structure, housing, Sign, device, figure, statuary, painting, message placard or other contrivance, or any part thereof, which has been designed, constructed, created, intended or engineered to have a useful life of fifteen years or more and intended or used to advertise or to provide data or information in the nature of advertising for a business or businesses located on the same premises as the Sign.
"Painted Sign" means a Sign which is comprised only of paint applied on a Building or structure, except for Murals, as defined by this section.
"Permanent Window Sign" means a Sign painted, attached, glued or otherwise affixed to a window or located within three feet of the interior side of the window or otherwise easily visible from the exterior of the Building.
"Pole Sign" means a freestanding Sign in excess of six feet in height which is detached from a Building and is supported by one or more structural elements that are less than one-fourth the width of the Sign Face. See Figure 18.50-2 (Pole Sign).
Figure 18.50-2: Pole Sign
"Political Sign" means a Sign erected prior to an election to advertise or identify a candidate, campaign issue, election proposition or other related matters.
"Portable Sign" means a temporary Sign that is not permanently attached to the ground or a Building or not designed to be permanently attached to the ground or a Building, including, but not limited to A-frames, sandwich boards or other freestanding signboards.
"Pylon Sign" means a freestanding Sign in excess of six feet in height which is detached from a Building and is supported by one or more structural elements that are architecturally similar to the design of the Sign. Pylon Signs less than six feet in height are prohibited. See Figure 18.50-3 (Pylon Sign).
Figure 18.50-3: Pylon Sign
"Real Estate Sign" means a temporary Sign advertising the sale or lease of the property upon which it is located, and may include the identification of the firm handling such sale, lease or rent.
"Roof Sign" means a Sign erected, constructed, painted or placed upon or over a roof or parapet wall of a Building and which is wholly or partly supported by such Building.
"Sign" means any device, fixture, placard or structure that uses color, form, Graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. Light banding along a Building is excluded from the definition of a Sign.
"Sign Face" means that area or portion of a Sign on which Copy is intended to be placed.
"Temporary Promotional Sign" means any portable sign, commercial flag, pennant, streamer, Banner, bunting material or other similar non-permanent sign made of non-metallic paper, cloth, canvas, light-weight fabric or other non-rigid material, with or without frames, whether displayed freestanding, wall-mounted, pole-mounted, window-mounted or painted, or any other method of attachment, that is displayed for a limited period of time less than one year and intended to attract attention to the business or use conducted on the site. Temporary Promotional Signs Shall not be used in lieu of permanent signage.
"Uniform Sign Program" means an integrated, visual and/or written description of the Signs to be placed on a Building or grouping of Buildings for the purpose of aesthetic uniformity in Sign design, construction and placement.
"Wall Sign" means a Sign attached to or erected against the wall of a Building or structure with the exposed face of the Sign parallel to the plane of such wall.
"Window sign" means any Sign, picture, letter, character or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed upon and/or inside and/or within three feet of a window for the purpose of being visible from exterior of the window.
"Year-Round Promotional Sign" means a Banner, Commercial Flag or Portable Sign that is prohibited pursuant to Section 18.50.070, but that the City may allow by subsequent ordinance.
(Ord. No. O-03-17, § 2, 4-4-2017)
A.
Permit Required.
1.
A Sign permit shall be required prior to the placing, erecting, moving, modifying or reconstructing of any Sign, including refacing a panel on a can or cabinet Sign, in the City, unless expressly exempted by this chapter. Signs requiring a permit shall comply with the provisions of this chapter and all other applicable laws and ordinances.
2.
A Uniform Sign Program, as described in subsection D of this section, shall be required for all new multi-tenant developments of three or more separate tenants that share either the same parcel or structure and use common Access and parking facilities.
3.
Gateway Signs, Business District Signs and Off-Premises Advertising Displays (Billboards) shall require approval of a Conditional Use Permit by the Planning Commission, pursuant to Section 18.58.060 of this Title. For Billboards an accompanying Billboard Public Benefit Agreement between the Billboard Operator, Property Owner and the City shall also be required. The Agreement may include compensation to be paid to the City of the provision of other public benefits to be provided as a result of the installation and operation of any Gateway Sign, Business District Sign, and/or relocation of freeway-oriented off-premises display or modification thereof.
4.
A Temporary Promotional Sign permit shall be required for all Temporary Promotional Signs unless specifically exempted by this chapter. Issuance of the temporary Sign permit shall be as described in subsection I of this section.
B.
Method of Application. An application for a Sign permit, Uniform Sign Program, or a Temporary Promotional Sign shall be made on forms as prescribed by the development services department and shall be filed with the same. The application shall be accompanied by any fees as specified by City Council resolution.
C.
Review Criteria for Sign Permit.
1.
Criteria for Approval. A Sign permit may be Approved when it complies with the standards and requirements of this chapter. A permit application may be Approved subject to conditions, so long as those conditions are required by this chapter or some other applicable law, rule, or regulation.
2.
Multiple Sign Applications. When an application proposes two or more Signs, the application may be granted in whole or in part, with separate decisions as to each proposed Sign. When an application is denied in whole or in part, written notice of determination shall specify the ground for such denial.
3.
Revocation or Cancellation. The Development Services Director shall revoke any Approval or permit upon refusal by the permit holder to comply with the provisions of the permit after written notice of noncompliance and at least thirty days' opportunity to correct. This provision does not apply in the event that the Sign, by nature of its physical condition, is an imminent and significant threat to public safety.
4.
Permits Issued in Error. Any Approval or permit issued in error may be revoked by the City upon written notice to the permit holder of the reason for the revocation.
D.
Uniform Sign Program.
1.
Purpose. The purpose of the Uniform Sign Program is to adopt unique and specific design and development standards for individual multi-tenant and mixed use developments. The intent is to integrate a project's Signs with the design of the structures to achieve a unified architectural statement. A Uniform Sign Program provides a means for defining common Sign regulations for multi-tenant projects, to encourage maximum incentive and latitude in the design and display of multiple Signs and to achieve, not circumvent, the intent of this title.
2.
Review Procedure. Review and Approval of a Uniform Sign Program is the responsibility of the Planning Commission. The Development Services Director may make a recommendation on the program to the Commission, and the Commission may approve, approve with conditions, or deny the program. Additionally, the Planning Commission shall be the approving authority for modifications and amendments to Uniform Sign Programs, except that the Development Services Director may be the approving authority for minor modifications that do not change or modify the intent or conditions of the original Approval. The Design Review Committee may elevate the decision to the Planning Commission.
3.
Standards. The Uniform Sign Program shall include criteria for building-attached and freestanding Signs, including Directional Signs, for tenants, anchors, and the integrated development itself to establish consistency of Sign type, location, Logo and/or letter height, lines of Copy, illumination, and construction details of Signs for the project. All Signs within the development shall be consistent with the Uniform Sign Program as the adopted program establishes the Sign standards for the development. The message substitution policy of this chapter shall be deemed incorporated in every Sign program, even if the Sign program documents do not explicitly so state. Maximum size, location, height, setback, and other development standards for Signs in the Uniform Sign Program shall be consistent with the standards of this chapter.
E.
Approving Authority. The designated approving authorities for Sign permits, Uniform Sign Programs, Gateways Signs, Business District Signs and Temporary Promotional Signs are listed in Table 18.50-1.
1.
Each row of the table lists a specific Sign permit by Sign type. Each of the designated approving authorities is listed in a column. The symbol in the cell where the rows and columns meet identifies whether the Approval authority listed in that column is a recommending body, final decision body, or elevated final decision body for that permit type. For instance, the table identifies the Development Services Director as the final decision body and the Planning Commission as the elevated final decision body for Sign permit-building attached Signs.
2.
Typically, the final decision body is the designated approving authority for the listed permit; however the approving authority may, if the designated approving authority determines that the proposed signage is of significant public interest, elevate the Approval to the next hearing body as listed in the table.
3.
The approving authority shall approve, conditionally approve, or deny the proposed Sign permit Application in accordance with the requirements of this chapter.
_____
Table 18.50-1: Approval Authority for Signs
*Conditional Use Permit and Billboard Public Benefit Agreement is required.
_____
F.
Timely Decision. At each level of review or appeal, the decision shall be rendered, in writing, within the following time limits. The time period begins running when the application is deemed complete, or the notice of Appeal has been filed, whichever applies.
1.
Upon receipt of a completed Sign review Application by the Development Services Director, the Director shall approve, deny, or refer the Application to the Planning Commission within thirty calendar days.
2.
Upon referral by the Development Services Director, the Planning Commission Shall approve, deny the Application within thirty calendar days.
3.
Notwithstanding the time limits imposed by this section, the department and the Applicant may mutually agree to an extension of the time limits. Such extension shall be in writing and Shall be for no more than ninety days.
4.
Should the Director fail to render a decision on a Sign Application within the prescribed time limits established by this section, such Sign Application shall be deemed automatically Appealed to the Planning Commission to the extent it complies with the area and location requirements for Signs imposed by this chapter.
5.
Notwithstanding any of the time limits contained in this section, the Development Services Director and Planning Commission shall endeavor to render decisions in a timely manner.
G.
Variances. Applications for a variance from the terms of this title shall be reviewed by the Planning Commission according to the variance procedures as set forth in this title, except for deviations up to twenty percent of that standard for letter height, maximum Sign area, maximum Sign height, or separation between Signs may be allowed with the concurrent Approval of a minor Sign deviation by the same approving authority for the Sign, when it is found that the deviation is necessary to improve the effectiveness of the purpose of the Sign.
H.
Appeals.
1.
Unless otherwise specified herein, a decision of the Development Services Director may be Appealed by the Applicant or any interested person within fifteen days of the decision to the Planning Commission. The Appeal shall be made on the forms prescribed by the planning division and fees shall be paid in accordance with the fee resolution adopted by the City Council. Automatic Appeals made pursuant to subsection (F)(4) of this section shall not be required to submit a fee. The Planning Commission shall review an Appeal at a regularly scheduled meeting according to the schedule of meetings and deadlines for submission of Applications. Notwithstanding such schedule, an Appeal hearing shall be held within thirty days of the filing date of any Appeal.
2.
A decision of the Planning Commission may be Appealed to the City Council by the Applicant or any interested person in accordance with the provisions of Subsection 18.58.070(C) of this code. The decision of the City Council shall be final.
3.
A final determination of the City Council may be Appealed to a court of competent jurisdiction in accordance with applicable provisions of the California Code of Civil Procedure.
I.
Temporary Promotional Sign Permit.
1.
Permit Requirements and Conditions. No Temporary Promotional Sign shall be displayed without first obtaining a Temporary Promotional Sign permit from the Development Services Director. Permits shall be issued within three working or business days of the filing of a completed Application that complies with all provisions of this chapter and the filing of all required fees for a Temporary Promotional Sign. The Development Services Director may, in his or her discretion, approve an Application that does not comply with the requirements of this chapter upon conditioning the permit with its compliance. The Development Services Director may also Attach additional reasonable conditions to assure that the Temporary Promotional Sign is safely displayed and will not constitute a hazard to public safety.
2.
Permit/Deposit Fees.
a.
A fee as established by resolution of the City Council shall be assessed for the Temporary Promotional Sign. The fee shall cover the City's reasonable administrative costs for enforcing compliance with this section and the processing of the Application.
3.
Appeals. A decision of the Development Services Director denying a temporary promotional sign permit may be Appealed to the Planning Commission within five working or business days of the Director's decision. The matter shall be scheduled for consideration by the Planning Commission within thirty days from the filing date of any appeal. The Planning Commission shall render a decision within thirty days of the meeting where it first considers the Appeal. The decision of the Planning Commission Shall be final.
4.
Authority. The Development Services Director is hereby authorized to develop all appropriate guidelines and policies and develop all appropriate forms for the implementation of this section.
(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-18-17, §§ 2, 3, 11-7-2017)
A.
General Enforcement Provisions.
1.
Any violation of the provisions of this chapter shall be deemed to be a continuing violation until the violation has been corrected.
2.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Notwithstanding the above, the City Attorney may, in his or her discretion, file the violation as an infraction. In Addition to these penalties or as an alternative, a person violating any of the provisions of this chapter shall be subject to the assessment of administrative fines and penalties pursuant to Title 8 of this code.
3.
Notwithstanding any other provision of this chapter, the City Attorney, upon the order of the City Manager or his or her designee, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any Sign which is in violation of any of the provisions of this chapter. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees.
4.
The owner or other person entitled to possession of a Sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of removal, storage and/or destruction and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.
5.
Any illegal Sign found and declared to be a public nuisance may be abated by the City in accordance with the provisions contained in Title 8 of this code.
6.
Enforcement of the provisions of this chapter shall be in accordance with Title 8 of this code.
B.
Temporary, Limited Term, and Political Sign Enforcement Provisions.
1.
The Development Services Director or code compliance office may summarily and without prior notice remove any Temporary Promotional Sign or Political Sign which constitutes an immediate peril to persons or property or constitutes a nuisance.
2.
If the Development Services Director or code compliance office finds that any Temporary Promotional Sign or Political Sign has been posted or is being maintained in violation of the provisions of this section, the Development Services Director or code compliance office may issue to the property owner, Sign owner or the owner's authorized agent an oral or written demand for the removal of such Sign or for correction of the violation. Such notice shall include a brief statement of the reasons for requiring removal.
3.
The Development Services Director or code compliance office may use due diligence to provide such notice by telephone or in person, and in Addition, may provide such notice in writing by hand delivery or by placing such notice in the United States mail addressed to the last known address of the owner of any Sign posted in violation of this chapter.
4.
Upon the failure of any owner of any Temporary Promotional Sign posted in violation of this chapter to correct the violation or to remove such Political Sign or Temporary Promotional Sign after notice by the Development Services Director or code compliance office, these entities shall have the authority to remove all such illegally posted Temporary Promotional Signs or Political Signs, and to dispose of such Signs if they are not claimed by the owner within ten working days.
5.
The Development Services Director or code compliance office may remove any abandoned Temporary Promotional Sign or Political Sign summarily and without prior notice. A Temporary Promotional Sign or Political Sign shall be deemed abandoned under the following circumstances:
a.
The owner of a Temporary Promotional Sign posted in violation of this section or the owner's authorized agent cannot in good faith be located within five working days; or
b.
Any Temporary Promotional Sign or Political Sign remains posted for more than ten days after the event or election to which it relates.
6.
The owner of a Sign that is informed by the Development Services Director or code compliance office of a violation of these provisions Shall have the right to Appeal such notice to the City Council within five days of its receipt, if the election or event to which such Sign relates has not occurred. Such Appeal Shall be in writing and shall temporarily stop enforcement of the required removal until the matter is heard by the City Council. The City Council's determination Shall be final.
7.
The City Council may, by resolution, adopt such fees as are necessary and reasonable to cover the cost of removal of illegally posted temporary promotional or Political Signs and the Development Services Director or code compliance office is authorized to collect such fees when any Temporary Promotional Sign or Political Sign is claimed by an owner, or by legal action after the claim period expires.
(Ord. No. O-03-17, § 2, 4-4-2017)
The following Signs may be erected without a permit, provided they comply with the development standards listed herein:
A.
Official traffic Signs or other municipal governmental Signs, legal notices, advertisements prescribed by law and placed by governmental entities, and Signs indicating the location of buried utility lines or any notice posted by a governmental officer in the scope of his duties. The City has a compelling interest in permitting such Signs in order to comply with state and local laws and promote public safety.
B.
Street address Signs consistent with Section XIV(B) of Security Ordinance Number 0-13-89, notwithstanding anything in this section, may be illuminated and may contain reflective paint or material. The City has a compelling interest in permitting such Signs to promote the identification of property to guide emergency response personnel.
C.
Direction, warning or information Signs or structures required or authorized by law, or by federal, state, county, or City authority. The City has a compelling interest in permitting such Signs in order to comply with state and local laws and to promote public safety.
D.
Noncommercial Flags attached to poles that identify the United States, the state of California and other countries and states, counties and municipalities, nationally recognized organizations or corporations, and any other vertical or horizontal flag with no text, characters, or other message, not to exceed three flags/poles on properties containing less than one acre of land, and not to exceed six flags/poles on properties containing more than one acre of land. Poles shall not exceed thirty feet in height and flags shall not exceed forty-two square feet in surface area. Such flags shall be maintained in good condition and free of tattering or tearing.
E.
Historical and/or memorial tablets and identification plaques installed by or on behalf of a recognized governmental historical agency. The City has a compelling interest in permitting such Signs to promote interest in historical structures and events and to promote public safety and identification.
F.
Permanent Window Signs not exceeding four square feet per Street Frontage shall be permitted. Such Signs should be encouraged to promote business identification, hours of operation and address information. Such Signs may not be illuminated.
G.
Time and temperature Signs containing no advertising Copy. The City has a compelling interest in permitting such Signs to promote awareness of local conditions for individuals with medical problems.
H.
Interior Signs within a structure not visible from the exterior of the structure, except temporary Window Signs.
I.
Signs and advertising for the California State Lottery as authorized by California Government Code, Section 8800 et seq.
J.
Kiosk Signs and other similar identification Signs placed on City property and Approved by the Planning Commission and/or City Council that are used to identify and promote economic development efforts or significant commercial enterprises in the City. For purposes of this subsection the term "significant commercial enterprises" Shall be defined as a grouping of similarly situated commercial land uses with an integrated commercial or economic development theme.
K.
Signs carried by individuals while standing, sitting, or traveling along any public sidewalk or other public property not to exceed two square feet. Such Signs may not be illuminated.
L.
Signs placed within community sports facilities as defined in Section 12.24.141.
M.
Construction Signs are allowed on private property outside of the public right-of-way and any required clear vision triangle, with the following limitations:
1.
Residential Subdivisions. One Sign, limited to a maximum of thirty-two square feet. May only be erected after Approval of tentative map and must be removed immediately upon the close of escrow of the sale of the last lot. The maximum height shall be eight feet.
2.
Multiple-family Residential. One Sign, not exceeding twenty-four square feet in area, May be placed on property upon which an Apartment Building is under construction or for which a site plan has been Approved. Such Sign shall be subject to removal when the vacancy rate is reduced to twenty-five percent or less. The maximum height shall be five feet.
3.
Nonresidential Property. One Sign per property not to exceed thirty-two square feet in area. The maximum height shall be five feet. The Sign may not be illuminated. Such Signs shall not be erected prior to the commencement of construction or grading and shall be removed upon first issuance of an occupancy certificate for the Building(s).
N.
Future Tenant Signs. One Future Tenant Identification Sign per business or use shall be permitted not to exceed thirty-two square feet in area. A Future Tenant Identification Sign listing the name of future tenants, responsible agent or realtor, and identification of the specific complex shall be encouraged. Said Sign is permitted until such time as a certificate of occupancy is issued for the Building(s). The maximum height shall be five feet. The Sign may not be illuminated.
O.
Real estate for sale or rental Signs provided they are not located in the public right-of-way.
P.
Directional Signs whose function is guiding traffic, parking, and loading on private property, with no advertising/Commercial Message. Maximum of one Sign per driveway. Sign area is limited to a maximum of six square feet per Sign and a maximum height of four feet if freestanding. Exceptions to standards regarding Copy, quantities, Sign area, and height may be allowed for larger sites with multiple Buildings, tenants, and/or driveways as part of Uniform Sign Program by the Planning Commission or a Minor Amendment to an existing Uniform Sign Program by the Development Service Director.
Q.
Nameplates identifying (and Copy limited to) the address of the Building, property, or tenant to a maximum of one square foot per Sign. Nameplates may only be lit by either an indirect light (e.g., porch light) source, low-wattage Spotlight without glare to the adjoining property, or internal light source with opaque (non-transparent) background. The Signs may be combined into one single tenant directory at the shared entrances of a multi-tenant Building subject to the Approval of a Sign permit by the Director if attached to a Building wall and as part of Uniform Sign Program by the Planning Commission or a Minor Amendment to an existing Uniform Sign Program by the Director if not attached to a Building wall.
R.
Political signs complying with the following regulations:
1.
Political signs Shall not exceed sixteen square feet in total area within a residential zone or thirty-two square feet in total area within a commercial or industrial zone. Aggregate total sign area for a single candidate Shall not exceed thirty-two square feet per parcel.
2.
Political signs Shall not be placed sooner than forty-five days prior to the date of the election to which such sign relates. Political signs originally placed for a primary election May remain in place if such signs also relate to the next general election.
3.
All political signs Shall be removed not later than ten days following the date of the election to which such sign relates. Political signs existing on property longer than ten days following the election to which such sign relates Shall be deemed abandoned and a nuisance and Shall be abated pursuant to Title 8 of this code.
4.
No political sign Shall exceed an overall height of twelve feet from the finished grade.
5.
No political sign Shall be placed in a manner that obstructs visibility of pedestrian or vehicular traffic or that poses a public safety or health hazard; such signs are deemed to be public nuisances and Shall be removed in accordance with Title 8 of this Code.
6.
No political sign Shall be placed or fixed to any publicly owned tree, fence, or utility pole within the public right-of-way or otherwise posted on any public property. Placement of such political signs Shall be deemed a public nuisance pursuant to California Government Code, Section 38773.5 and Shall be subject to summary Abatement.
7.
No sign Shall be placed on a vacant or unimproved lot without prior Approval from the property owner.
S.
Grand Opening Signs. One Grand Opening Sign per business or use shall be allowed, not to exceed thirty-two square feet in area. Said Sign is permitted for a maximum of forty-five days after occupancy is issued for the business or use by the City. The maximum height shall be five feet. The Sign may not be illuminated.
T.
Murals, subject to Approval by the City Council after advisory review by the Planning Commission.
(Ord. No. O-03-17, § 2, 4-4-2017)
It shall be unlawful to erect, and no permit shall be issued, for any of the following Signs:
A.
Any Sign not specifically in accordance with the provisions of this chapter;
B.
Signs painted or mounted on roofs or placed above the roof line (except for roof parapet walls and mansard roofs);
C.
Animated Signs and flashing Signs, with the exception of time and temperature signs and electronic reader Signs;
D.
Commercial Flags, pennants, Banners, balloons or other paraphernalia composed of paper, cloth or other flexible material, unless otherwise permitted;
E.
Signs which rotate, move, reflect, blink or incorporate elements that do so, except time and temperature Signs and electronic reader Signs;
F.
Off-Premises Advertising Displays (billboards), except as otherwise provided;
G.
Signs placed on the public right-of-way or affixed to an element or structure on the public right-of-way, except where required by a governmental agency or permitted as part of Kiosk Sign program, Gateway Sign or Business District Sign;
H.
Portable Signs, including A-frame Signs, unless otherwise permitted;
I.
Inflatable Balloon Signs, including, but not limited to individual balloons, balloon strings, and other inflatables made of a flexible material and inflated so as to be lighter than air, except when part of a bona fide special event Approved through a Special Events Permit;
J.
"Can Signs," except as allowed by Section 18.50.090.B.3.f;
K.
"Pole Signs" and other freestanding Signs constructed with a single supporting pole that is not covered with architectural cladding or other covers so as to appear as a solid base or structure, or supported by one or more structural elements that are less than one-fourth the width of the Sign Face;
L.
Signs made of paper and placed on the exterior of a building and handwritten Signs/flyers placed in windows;
M.
Signs located in the public right-of-way or located on a publicly owned tree, fence, or utility pole or otherwise posted on public property;
N.
Signs made of neon, except that neon tubing may be used as a source of illumination, provided it is behind the face of the Sign, or used as a logo, or included as part of an interior window sign;
O.
Signs affixed to vehicles where the primary purpose of the vehicle is advertising. This does not apply to Signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being uses (e.g., delivery service) or is required by state or federal law (e.g., contractor's license number);
P.
Signs exceeding two square feet in area carried by individuals while standing, sitting or traveling along any public sidewalk, other public property or any private property when visible from a public right-of-way;
Q.
Signs attached to light standards unless part of a Uniform Sign Program;
R.
Beacons, except when part of a bona fide special event approved through a Special Events Permit;
S.
Painted Signs (which does not include Murals or temporary Window Signs), except where attached to building walls and it is determined that the Sign is complementary to an overall building design and approved through a Sign Permit at the discretion of the Director of Development Services.
(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-12-18, § 40, 12-18-2018)
A.
Construction of Signs. Every Sign and all parts, portions and materials shall be manufactured, assembled, erected, maintained, repaired and removed in compliance with all applicable state, federal and City regulations, including the City's adoption of the California Building Code and other Uniform Codes.
B.
Maintenance of Signs. Every Sign and all parts, portions and materials shall be maintained and kept in proper repair and condition as approved by a City Sign permit. The support structure, display surface and all other parts of all Signs shall be kept clean, neatly painted, and free from rust, corrosion, damage, and graffiti. Rust, corrosion, damage and graffiti will be repaired, replaced, recovered, refaced, or repainted with color matching paint and materials so as to produce the appearance that rust, corrosion, damage or graffiti never existed. Any missing or malfunctioning lights, broken or missing Sign Copy, or other non-maintained portions of a Sign shall be repaired or replaced. Any of the actions above shall be completed within thirty (30) days following notification by the City. Noncompliance with such a request notice will constitute a nuisance condition and zoning violation and will be enforced as such.
C.
Determination and Measurement of Sign Area.
1.
General Area Calculation. Generally, the area of a Sign shall be measured as the overall length of the Sign times the overall height of each segment of Copy or Logo. When the Sign is composed of individual letters applied to the building without a distinctive background (e.g., channel letters), the area of the Sign shall be measured as seventy-five percent of the area of the Sign Copy (height of the letters times the length of each line of letters, e.g., length × height × seventy-five percent).
2.
Awning or Canopy Signs. Sign Copy which is applied to an awning or canopy shall be computed at one hundred percent of the area within a single rectangle enveloping the Sign Copy.
3.
Freestanding Signs. Freestanding Signs are to be computed as total height by the total length of the Sign or Signs which contain Sign Copy, excluding structure framework (e.g., post or column). The base of a freestanding Sign is not part of the Sign when of wood or masonry.
a.
For double sided freestanding Signs, only one side of the Sign shall be used to make the calculation.
b.
For three-sided Signs, only the side with the largest Sign area shall be used to make the calculation.
c.
For four-sided Signs, the area shall be calculated by the greatest distance between the area of two sides.
D.
Measurement of Sign Height. Sign height shall be measured from the upper most part of the Sign used in determining the area of the Sign to the lowest elevation at the base of the Sign. For freestanding Signs, the Sign structure may project above the upper most part of the Sign used in determining the area of the Sign by a maximum of ten percent of the Sign height.
E.
Setback and Spacing of Freestanding Signs.
1.
The minimum setback distance for freestanding Signs shall be measured from back of the public right-of-way or side of a driveway, unless an encroachment permit is granted. All freestanding Signs shall be located outside of the public right-of-way at least three feet from any property line and any required clear vision triangle.
2.
The minimum spacing distance between permanent freestanding Signs, excluding on-premises directory Signs, should be fifty feet, including distance from Signs on other properties. The designated approving authority will review the proposed location on a case-by-case basis to ensure the Sign is located outside the required clear vision triangle and does not otherwise inhibit motorist safety.
F.
Sign Removal if No Longer Used.
1.
A Sign shall be removed:
a.
Within thirty (30) days following cessation of the business which uses the Sign or is otherwise advertised or identified by the Sign; or
b.
Within thirty (30) days following the business' cessation or the use of the Sign, where a business continues to operate on the premises where the Sign is located.
2.
Notwithstanding subsection F.1, a Sign no longer in use may remain in place for a longer period of time than thirty (30) days under either of the following circumstances:
a.
The Sign is covered with a solid opaque covering or other method acceptable to the Director which removes or completely obscures the text, logos, diagrams or other copy which advertised or identified the business that is no longer operating or using the Sign. If the Sign owner elects this option, the Sign may remain in place for a period of up to one (1) year from cessation of use and thereafter shall be removed in accordance with this Section; or
b.
The Sign owner and the City enter into an agreement allowing the City to post City-oriented advertising and public outreach messages on the Sign, at the City's cost and upon those terms and conditions mutually negotiated in good faith between the City and Sign owner. The Sign may remain in place for the period of time as the Sign owner and City may agree, and thereafter shall be removed in accordance with this Section.
3.
A Sign need not be removed if, prior to the applicable expiration period, the text of the Sign is changed in compliance with this Chapter to advertise, identify or otherwise be used by a successor business that is operating on the premises.
4.
When a Sign is removed, all brackets, poles, and other structural elements that support the Sign shall also be removed. Affected building surfaces shall be painted or otherwise restored to match the adjacent portion of the structure. This paragraph does not apply to maintenance or repair work where the Sign will remain in use and operate in compliance with this Chapter when maintained or repaired.
5.
Failure to remove a Sign or otherwise comply with this subsection will constitute a nuisance condition and zoning violation and will be enforced as such.
(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-11-20, § 11, 10-20-2020)
The following criteria shall be utilized for permanent advertising displays and Signs, and shall not be construed to govern the design of temporary promotional or Political Signs.
A.
General Design Standards for onsite signs.
1.
Architectural Style. Each Sign shall be designed to be compatible with and relate to the architectural style of the main building or buildings upon the site where such Sign is located. Each Sign shall also be compatible with the style and character of the existing improvements upon the lots adjacent to the site. Signs located on commercial sites but in a predominately residential area shall be designed to be compatible with such residential area and unobtrusive.
2.
Relationship to Buildings. Signs located upon a lot with one main building or several buildings shall be designed to incorporate at least one of the predominant visual elements of such building or buildings, such as type of construction materials, color, or other design detail.
3.
Color. The color(s) of a Sign should be harmonious and complementary to the colors of the building on or near which it is to be located. Fewer colors will generally produce the most attractive Sign.
4.
Letter Style. The letter style to be used on a Sign should also be compatible with the architectural style of the building. For example, simple block letters are generally most compatible with the Spanish style buildings. For those buildings that have been recently constructed and having no particular architectural style, simpler letter styles are desirable.
5.
Sign Materials. The goal of Sign design is to maintain moderate, attractive, and compatible styling so as not to conflict or distract from the architectural character of the area. The choice of materials shall be left to the discretion of the applicant, subject to the recommendations of the Development Services Director, the provisions of this chapter and the approval of the City.
6.
Relationship to Other Signs. Where there is more than one Sign on a site or building, all permanent Signs displaying a Commercial Message shall have designs that similarly treat or incorporate the following design elements:
a.
Letter size and style of Copy;
b.
Shape of total Sign and related components;
c.
Type of construction materials;
d.
Sign/letter color and style of Copy;
e.
Method used for supporting Sign (e.g., wall or ground base); and
f.
Location.
7.
Sign Illumination. The artificial illumination of Signs, either from an internal or external source, shall be designed to minimize negative impacts on surrounding rights-of-way and properties. The following standards shall apply to all illuminated Signs:
a.
External light sources shall be directed and shielded to limit direct illumination of an object other than the Sign;
b.
The light from an illuminated Sign shall not be of an intensity or brightness that will create glare or other negative impact on residential properties in direct line of sight to the Sign;
c.
Unless otherwise permitted by another provision of this chapter, Signs shall not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color notwithstanding electronic changeable copy ("digital") signs, which are regulated by Section 18.050.090B.4.a—c;
d.
Colored lights shall not be used at a location or in a manner so as to be confused or constructed as traffic control devices;
e.
Reflective type bulbs and incandescent lamps that exceed fifteen watts shall not be used on the exterior surface of Signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property; and
f.
Light sources shall utilize energy efficient fixtures to the greatest extent possible and shall comply with Title 24 of the California Code of Regulations (California Building Standards Code).
8.
For increased readability, the City encourages the use of light or translucent Sign Copy on dark and non-translucent background or Sign Field.
9.
The maximum coverage of Copy allowed on a Sign shall be eighty percent of the Sign Face.
B.
Design Standards for Special Sign Types.
1.
Awning and Canopy Signs. Awning and Canopy Signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied, as follows:
a.
Lettering shall be allowed on awning valances only and shall not exceed eight inches in height. Logos, symbols, and Graphics that do not include text may be allowed on the shed (slope) portion of an awning and shall not exceed four square feet in area for each awning. See Figure 18.50-4 (Awning and Canopy Sign).
Figure 18.50-4: Awning and Canopy Sign
b.
Lettering shall be located within the middle seventy percent of the valance area.
c.
Only permanent Signs that are an integral part of the awning or architectural projection shall be allowed. Temporary Signs shall not be placed on awnings.
d.
Awning Signs shall only be allowed for first and second story occupancies.
e.
Awnings shall not be lighted from under the awning (back-lit) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed.
f.
Awnings shall be regularly cleaned and kept free of dust and visible defects.
g.
The style of the awning/canopy shall complement the architectural style of the building to which it is attached. Awnings should generally have a simple horizontal valance if located over rectangular or square window/door openings. Domed or barrel shaped awnings are appropriate for buildings with arched window/door openings.
2.
Blade/Bracket Signs.
a.
Location. Blade or bracket Signs shall be placed only on ground floor facades, except for businesses located above the ground level with direct exterior pedestrian access.
b.
Height. The lowest point of a blade or bracket Sign shall be a minimum of eight feet above grade.
c.
Projection. The Sign may project a maximum of four feet from the building.
d.
Sign Structure. Sign supports and brackets shall be compatible with the design and scale of the Sign.
e.
Encroachment. Blade or bracket Signs may not encroach into the public right-of-way or be located above it, or into City-owned property.
3.
Building Attached Wall Signs.
a.
Wall Signs shall be compatible with the predominant visual architectural elements of the building facade.
b.
Place Wall Signs to establish facade rhythm, scale, and proportion where such elements are weak. In many existing buildings that have a monolithic or plain facade, Signs can establish or continue appropriate design rhythm, scale, and proportion.
c.
Utilize a consistent proportion of signage to building scale, such as one-third text to two-thirds wall area or one-fourth text to three-fourths wall area. See Figure 18.50-5 (Text Scale). Parapet roof or mansard Roof Signs may be allowed with review and approval by the Director of Development Services only if building does not provide adequate surface area for Wall Signs.
Figure 18.50-5: Text Scale
d.
Wall Sign raceways shall be concealed from public view (e.g., within the building wall or painted to match the exterior color of the building where the Sign is located) or otherwise integrated with the design of the Sign and building so as to not detract from the architectural character of the building.
e.
Direct and indirect lighting methods are allowed provided that they are not harsh or unnecessarily bright. Light shall either be directed down or in such a way that it does not cause light trespass or glare onto adjoining property or the public right-of-way.
f.
Panel signs either within Can-type Signs or within frames are prohibited, except where the Development Services Director finds that such a sign will not detract from other signs on the property or on surrounding area, and that sign anchoring and installation can comply with the California Building Code. Channel letters are preferred. Channel letters shall be made of a durable material. Channel letters may not utilize gold-colored (or a shade of gold) trim cap.
g.
If a tenant's signage on one facade is made up of multiple elements (e.g., Logo and text), locate, and scale the elements with relationship to each other. See Figure 18.50-6 (Multiple Element Signs).
Figure 18.50-6: Multiple Element Signs
4.
Electronic changeable Copy Signs.
a.
Electronic changeable Copy Signs shall be permitted as part of a freestanding Sign located along a freeway right-of-way or a major arterial, as defined by the General Plan Mobility Element, or on the site of a public facilities, educational facilities, or other civic institutions, including religious uses integrated within the design of the freestanding Sign.
b.
The changeable Copy of Signs within six hundred sixty feet of a freeway centerline shall not change more than once every six seconds.
c.
The changeable Copy of Signs not within six hundred sixty feet of a freeway centerline shall not change more than once every thirty seconds.
d.
Time and temperature display, of at least six seconds, shall be required to appear during every two minutes of operation.
e.
Public service messages shall be accommodated at no additional charge, and may constitute ten percent of the messages displayed during each one-hour period. These public service messages are in addition to the required time and temperature displays. The City shall have authority to review and approve public service messages.
f.
Electronic changeable Copy Signs shall automatically adjust the brightness of illumination between night and day.
g.
Electronic changeable Copy Signs may not identify commercial uses/contain Commercial Message for uses not located on the same site as the Sign, unless they are Gateway Signs or Business District Signs, for which different standards apply.
5.
Freestanding Signs.
a.
Monument and Pylon Signs are allowed, subject to setback and spacing requirements in Section 18.50.080.E., because they can be more fully integrated in to the overall development design. Pole Signs are specifically prohibited. Pylon Signs shall be constructed with architectural cladding or similar material covering the supporting framework so they are architecturally integrated with the rest of the Sign.
b.
Voids between the Sign Face and the Sign structure are prohibited. Either the Sign Face shall utilize the full width of the Sign structure or coverings that are architecturally consistent with the rest of the Sign shall be used to fill any voids. The intent is to have the Sign be fully architecturally integrated.
c.
Materials and design for freestanding Signs shall be complementary to the materials and design of the buildings for the related development. For example, if the facade of the building is made of brick or brick veneer, a complementary freestanding Sign would also include brick.
d.
Landscaping shall be provided at the base of the Sign equal to the area of the Sign, except for freeway-oriented freestanding Signs, Gateway Signs and Business District Signs. Landscaping shall be complementary to and designed in concert with the landscaping for the overall site. The design of the landscaping shall be such that natural growth will not obscure the Sign from the public right-of-way.
e.
The minimum letter height on a freestanding Sign shall be ten inches. For freeway-oriented freestanding Signs, Gateway Signs and Business District Signs, the minimum letter height shall be eighteen inches. The intent is to limit the clutter of text on the Sign and increase readability for the motoring public, thereby providing for public safety. Monument and Pylon Signs shall contain the main address number or range of numbers of the site in minimum eight-inch high letters and this area shall not be counted towards the maximum Sign area. Deviations from letter height requirements may be approved through a Uniform Sign Program by the Planning Commission.
f.
The maximum letter height on a freestanding Sign shall be thirty-two inches. For freeway freestanding Signs the maximum letter height shall be forty-eight inches. The intent is to limit the negative visual impact of large text size.
g.
Freeway-oriented freestanding Signs, Gateway Signs and Business District Signs shall include City identification Copy consisting of the text "City of Colton" with letter height proportional to overall Sign size, or otherwise identify "Colton" on the Sign. The intent is to help identify the site as being located within the City of Colton. The City identification Copy shall not be counted towards the total Sign area and shall be exempted from the height maximum. The City identification Copy shall be illuminated at night. This requirement may be waived by the approving authority, at its discretion, if it is determined that City identification of adequate size is provided on other Signs within four hundred fifty feet of the proposed Sign.
h.
Gateway Signs shall be designed in accordance with the following general design template, and in accordance with the standards contained in Section 18.50.120.
Figure 18.50-7: Gateway Sign Design Concept
6.
Changeable Copy Sign, non-electronic. These types of Signs shall be considered to be the same as any other type of Sign and shall be regulated by their location, i.e., if located on a wall, they shall be deemed Wall Signs and the changeable Copy portion shall not exceed more than one-half the proposed Sign area.
7.
Menu Board. One single-face freestanding or Wall Sign oriented towards an approved drive-through lane containing menu or other list of products with a maximum Sign area of thirty-two square feet and maximum height of six feet.
(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-12-18, § 41, 12-18-2018; Ord. No. O-11-20, § 12, 10-20-2020)
Table 18.50-2 lists the development standards for all on-premises Signs based on use type and zoning district, as well as allowed Sign type. As identified in Section 18.50.040, a Sign permit and Building permit are required before any of the Sign types listed herein are installed, erected, or otherwise established. The intent of the Sign permit is to ensure that the development standards listed are adhered to. The intent of the Building permit is to ensure that the installed signs comply with California Building Standards and are installed in a safe manner. Only those Signs that may be permitted are listed. Regulations for temporary promotional on-premises Signs are listed in Section 18.50.110. Regulations for off-premises Signs are listed in Section 18.50.120. The following general rules/standards apply to permanent Signs regulated in this section:
A.
Building Signs are those Signs that are permanently attached to a building (e.g., Wall Signs, awning/Canopy Signs, blade/bracket Signs). Only one type of building Sign (wall, awning/canopy, blade/bracket) is allowed per establishment.
B.
Illumination standards refer to whether or not the Sign may be illuminated and how. Signs that may be illuminated may be done so by "indirect or background" (indirect light source, low-wattage Spotlight, or internal light source with opaque, nontransparent background) or by any method that minimizes glare onto neighboring residential property and the public right-of-way.
_____
Table 18.50-2: Allowed Permanent On-Premises Sign Standards
Notes:
1. All nonresidential properties shall be limited to a maximum of one of each Sign type per property/development, except as otherwise provided. For example, a site may have a maximum combination of one Wall Sign, one freestanding Sign, and one Window Sign. In no instance may an establishment have both an awning/canopy sign and a blade/bracket Sign or an awning/Canopy Sign and a Wall Sign. Only one type of building Sign (wall, awning/canopy, blade/bracket) is allowed per establishment.
2. Maximum letter height allowed is twenty-four inches, except for Signs for an individual tenant with public entrances along a Public Frontage of one hundred feet or greater of lineal feet shall be allowed letter height up to thirty-six inches. Logos and Graphics shall not exceed three feet by three feet. Logos greater than three feet by three feet are not allowed as standard Can Signs with shapes similar to rectangles, but may be Approved as contoured cabinet Signs if the Logo serves as a single Sign for the establishment, in which case the underlying maximum Sign area prevails.
3. Applicant may choose one type or the other but is limited to one freestanding Sign per Street Frontage, except as otherwise provided; however Multi-Tenant Centers on sites greater than four acres in size or with more than three hundred linear feet of frontage per street may increase the Sign Face area of each Sign to a maximum of one hundred square feet and have one additional freestanding Sign above the otherwise allowed maximum.
4. Signs which only include Logo Copy and do not include text may exceed the maximum Sign area to a maximum of three hundred sixty square feet.
5. Sign height shall be measured from the finish grade of the freeway or adjacent roadway, whichever is higher.
6. Applies to properties which are adjacent to a freeway or are only separated from a freeway by a public or quasi-public right-of-way or easement. The design and character of the Sign must be consistent with the standards for Pylon Signs. Freeway oriented Signs may not identify commercial uses/contain Commercial Message for uses not located on the same site as the Sign. Otherwise, they are considered off-premises Signs and are prohibited by this code.
7. For multiple-tenant Buildings or parts of Buildings with tenants without exclusive exterior entrances, the building/site name or name of one on-site tenant as a Building identification Sign may be permitted by right. Additional signage may be permitted for a maximum of four tenants without exclusive exterior entrances on a multiple-story office Building subject to review of a Uniform Sign Program by the Planning Commission.
8. Parapet roof or mansard Roof Signs may be allowed with review and Approval by the Planning Commission only if Building does not provide adequate surface area for Wall Signs.
9. Copy on freestanding Signs, in Addition to building/site name and address, shall be limited to that related to tenants with exclusive exterior entrances and with installed Wall Signs, except for Monument Signs Approved by the Planning Commission through a Uniform Sign Program allowing Copy for tenants without exclusive exterior entrances subject to all applicable standards.
(Ord. No. O-03-17, § 2, 4-4-2017)
_____
This section describes standards for temporary promotional on-premises signs. These signs require the issuance of a temporary sign permit as described in Section 18.50.040. The development standards for temporary signs are listed in Table 18.50-3. The following general rules/standards apply to all Temporary Promotional Signs:
A.
Time duration. Display periods for Temporary Promotional Signs Shall be limited to a maximum of sixty days, continuous or non-continuous, within a one-hundred-and-eighty-day period not to exceed a total of one hundred and twenty days within a three-hundred-and-sixty-day period. Non-continuous days must be specified on the temporary sign permit.
B.
Illumination. No Temporary Promotional Signs May be illuminated by lighting exclusively designed for the Temporary Promotional Sign.
C.
Encroachment. Temporary Promotional Signs Shall not encroach on or above the public right-of-way or be attached to utility poles, traffic signal, utility cabinets and street sign posts, except where all of the following criteria are met: a) the business is located in a Building built at property line with no setback to the public right-of-way, b) the business obtains an encroachment permit from the Public Works Department, and c) the sign conforms to the display specifications of in Section 18.50.110.F.
D.
Obstruction. Temporary Promotional Signs Shall not obstruct required paths, driveways, crosswalks, walkways for pedestrians and vehicles and views of vehicular traffic, including sight distances for vehicular traffic at corners.
E.
Maintenance. Temporary Promotional Signs Shall be maintained in good condition and free of tattering or tearing.
F.
Display specifications. All Temporary Promotional Signs Shall conform to the following standards:
1.
Maximum of one of each of the following signs for a maximum of three signs: one wall Banner (maximum fifty square feet), one commercial flag (maximum ten feet high and thirty-two square feet), or one portable/A-frame (maximum six square feet sign face; maximum two faces; height between three and four feet above grade).
2.
Maximum of one promotional sign per business exterior wall and one portable sign such as a commercial sign or portable/A-frame sign.
3.
Sign Shall not detract from the appearance of the Building and/or site as determined by the Director.
4.
No illumination (lighting) exclusively designed for the sign is permitted.
5.
Sign Shall be removed or replaced if tattered, torn, damaged, or otherwise not in good condition.
6.
Sign Shall be kept clean and clear or graffiti.
7.
No attachment to the sign, including balloons, streamers, lights, or other attention-getting devices.
8.
Portable/A-frame Sign Standards:
a.
Signs Shall leave at least four feet for pedestrian Access. If located in the public right-of-way, a City Encroachment Permit shall be obtained from the Public Works Department.
b.
Signs Shall not impede the sight distance of vehicular traffic.
c.
Signs Shall consist of durable materials (metal, wood, plastic) and the use of paper or cardboard is not allowed except as changeable copy within and safely fastened to a framed area made of durable rigid materials. Signs Shall be professionally made or have the appearance of a professionally made sign. Signs with wheels Shall be fixed (locked) in position.
d.
Sign Shall contain the name and phone number of the business and owner of the sign in order (not required on the sign face, but somewhere on the sign structure).
e.
Signs May be displayed only during normal hours of the business and Shall be removed (placed indoors) when the business ceases operation for that day.
Table 18.50-3: Temporary Sign Standards
(Ord. No. O-03-17, § 2, 4-4-2017)
A.
Generally, all new Off-Premises Commercial Message Signage is prohibited within the City. Existing off-site Commercial Message Signs (e.g., billboards) are considered Nonconforming Signs as regulated by Section 18.50.140. However, the following off-premises signage is permitted as specified below:
1.
Business District Sign. Pursuant to the City's interest in promoting businesses located within major commercial districts of the City (Hub City Centre Specific Plan, Downtown Colton and Cooley Ranch), Business District Signs (electronic changeable copy only) are permitted within major commercial districts, as specified by the Business District Sign Overlay on the Official Zoning Map, subject to approval of a Conditional Use Permit and Billboard Public Benefit Agreement.
2.
Gateway Sign. Pursuant to the City's interest in promoting businesses citywide, one Gateway Sign (electronic changeable copy only) is permitted within one-half mile of each major freeway entry to the City (Interstate 10 and Interstate 215), subject to approval of a Conditional Use Permit and Billboard Public Benefit Agreement.
3.
Kiosk Program. Under the City's authority and capacity as proprietor of City property, the City has created a program for off-premises signage kiosks for certain uses and activities of City-wide benefit and interest. For purposes of this section, "city-wide benefit and interest" shall mean those uses or activities that, individually, generate significant revenue for the City. Additionally, such uses shall have a minimum total of one thousand feet lineal public Street Frontage.
Such program is adopted by resolution and may be updated from time-to-time as deemed necessary and appropriate by the City Council. The program shall, at a minimum, specify the following:
a.
Uses which qualify for the off-premises signage kiosk program;
b.
Development standards, design, and allowable Copy for off-premises signage kiosks;
c.
Allowable locations for the kiosks;
d.
A process for determining which businesses, developments, and other uses are allowed to be listed in the kiosks;
e.
An administration process for the program, including establishment of a fee schedule;
f.
Any other element of the program deemed necessary and appropriate by the City.
_____
Table 18.50-4: Off-Premises Sign Standards
Notes:
1. Conditional Use Permit and Billboard Public Benefit Agreement are required.
2. Maximum display area is 25 feet in height and 60 feet in length.
3. Height shall be measured from the finish grade of the freeway or adjacent roadway, whichever is higher.
4. Distance and Separation.
A. Sign may not be located closer than 500 feet from another permitted display on the same side of freeway, or closer than 1,000 feet from another freeway-oriented electronic changeable copy ("digital") Sign.
B. Sign shall be located no farther than 150 feet from a freeway right-of-way, and only on a property that is immediately adjacent to or abutting a freeway right-of-way, or separated from a freeway right-of-way by only a frontage road, a railroad right-of-way, a public flood control channel, or public utility easements. No Business District or Gateway Sign shall be located within 150 of property for which zoning does not allow outdoor advertising displays (e.g., residential property).
C. Gateway Sign shall be located a maximum of one-half mile from freeway point of entry into City.
5. Caltrans Standards. Sign shall comply with all Caltrans standards, including restrictions pertaining to Classified Landscape Freeways, minimum distance/separation standards, and shall obtain a State Outdoor Advertising Permit.
6. Each Business District Sign shall identify the name of the business district in which it is located and shall only advertise businesses which are located within the Business District and on the same side of the freeway where the Sign is located (per Outdoor Advertising Act, Section 5274).
7. Sign shall comply with electronic changeable copy Sign standards contained in Section 18.050.090B.4.
8. Billboard Public Benefit Agreement.
a. Application requirements. In addition to the Conditional Use Permit and Sign Permit requirements, the applicant shall request in writing the approval of an Agreement that includes the following:
i. The name, address, phone number and other contact information of the person or entity proposing the Agreement.
ii. Identification of the location proposed for a new or relocated or modified billboard and the billboard(s) being permanently removed, where applicable.
iii. Information that establishes that the person or entity proposing the Agreement has legal or equitable interest in the billboard being removed or modified and the site proposed for relocation or placement.
iv. An explanation of the compensation to be paid or public benefits to be provided to the City.
v. The Applicant must pay a filing fee in accordance with an approved resolution. This fee shall be in addition to any other required fees for permits relative to development of the property and of all existing structures and improvements on the property, and the proposed billboard.
b. Review Process. All Agreements shall be reviewed by the Planning Commission at a duly noticed public hearing, concurrent with the required Conditional Use Permit. The Planning Commission shall review the Agreement and make a recommendation to the City Council, whether the proposed or modified billboard meets the findings in Section c., below.
c. Findings. No later than forty-five days after the Planning Commission makes its recommendation, the City Council shall review and consider the Agreement at a duly noticed public hearing. In order to approve a request for an Agreement, the City Council shall make the following findings:
i. The proposed Agreement is consistent with the goals, objectives, purposes and provisions of the General Plan, Zoning Code and any applicable specific plans;
ii. The proposed billboard would not result in a threat to the general health, safety and welfare of City residents; and
iii. The proposed billboard, in addition to its aesthetic treatment, provides public benefits that would not otherwise accrue to the public in the absence of its installation.
B.
Pursuant to Business and Professions Code, Section 5412, the City Council is authorized to enter into relocation agreements, including identification of public benefits, with off-premises display owners on whatever terms are agreeable to the display owner and the City.
(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-08-17, § 4, 11-7-2017; Ord. No. O-11-20, § 13, 10-20-2020)
_____
The City Shall comply with all provisions of the California Business and Professions Code regarding amortization and removal of existing Off-Premises and Outdoor Advertising Displays and billboard Signs.
(Ord. No. O-03-17, § 2, 4-4-2017)
A.
All Signs which do not meet the requirements of this chapter but which have been previously Approved by the City and issued a lawful permit shall be deemed Nonconforming Signs and shall either be removed or brought up to code when a substantial Alteration to the Sign is made. For purposes of this section a "substantial Alteration" Shall be defined as repair or refurbishing of any Sign that alters its physical dimensions, height or replaces any integral component including, but not limited to Alterations to exterior cabinets, bases or poles. Substantial Alteration Shall not include the replacement of individual panels on a can or cabinet Sign when the exterior boundaries of individual cans or cabinets are not replaced or altered. In Addition, substantial Alteration Shall also include any repair or refurbishing of Sign that exceeds fifty percent of the depreciated value, as determined by the City, of the Sign and structure, but excepting customary maintenance. "Customary maintenance" Shall be defined as any activity or work performed for the purpose of actively maintaining the Sign in its existing Approved physical configuration and size dimensions at the specific location approved by the City and includes the following:
1.
Repainting the Sign text, cabinet or other component of the Sign without changing the advertising message; or
2.
Routine replacement of border and trim with substantially the same colors and materials.
B.
A Nonconforming Sign may continue to be used, provided no additions or enlargements are made thereto and no structural alterations are made therein, except as permitted for customary maintenance in subsection A of this section. If said Nonconforming Sign is destroyed or removed, or ceases to be used for the use in existence as of the effective date of the ordinance codified in this chapter, every future Sign shall be in conformance with the provisions of this chapter.
C.
A Nonconforming Sign may be reused upon issuance of a Business Occupancy Permit for a business use which does not require a Conditional Use Permit or other discretionary permit, and no exterior modifications are made to the exterior of building which require a Building Permit. No additions or enlargements may be made to the Nonconforming Sign, except for customary maintenance described in Subsection A of this section, and additions or modifications which bring the Sign into closer conformity with City standards.
D.
It shall be the responsibility of the owner of any premises containing a Nonconforming Sign (including a Sign painted directly upon the surface of a structure) to remove said Nonconforming Sign within ninety days of cessation of business at that location.
E.
The City shall comply with all provisions of the California Business and Professions Code, Section 5490 et seq., regarding enforcement and removal of On-Premises Advertising Displays and Signs and California Business and Professions Code, Section 5400 et seq., regarding enforcement and removal of Off-Premises Advertising Displays and Signs.
(Ord. No. O-03-17, § 2, 4-4-2017)
Notwithstanding Section 18.50.070, the City of Colton may install banners and/or pennants on City-owned utility poles. The City Manager shall establish a written program to regulate the installation of banners and pennants on City-owned utility poles. Banners and pennants shall be installed in compliance with the program established by the City Manager. Noncommercial flags may be installed by the City of Colton without compliance with a banner program.
(Ord. No. O-03-17, § 2, 4-4-2017)
50 - SIGNS7
Editor's note— Ord. No. O-03-17, § 2, adopted April 4, 2017, amended chapter 18.50 in its entirety to read as herein set out. Former chapter 18.50, §§ 18.50.010—18.50.160, pertained to similar subject matter, and derived from Ord. 0-02-08 § 2 (part), 2008; Ord. No. O-05-11, § 2, 10-18-2011; Ord. No. O-06-12, § 4, 6-19-2012; Ord. No. O-04-13, § 2, 10-1-2013; Ord. No. O-03-14, § 7, 3-4-2014.
The City recognizes that Signs and other graphics are an essential element of a community's visual appearance. They also provide a means to identify and promote Businesses and are an important element in creating safer Public Streets and Highways. Consequently, the purpose of this chapter is to provide Sign regulations that are consistent with the goals and objectives of the General Plan and the community's visual and aesthetic goals. In addition, these regulations are intended to:
A.
Promote an economically stable and visually attractive community and insure that the special character and image the City is striving for can be attained;
B.
Promote Signs and graphics that are attractive, pleasing and harmonized with the physical character of the environment and surrounding Properties, while serving the advertising needs of the Business community;
C.
Promote traffic safety and the smooth and efficient flow of Pedestrians and Vehicles to their destinations;
D.
Direct Persons to various activities and enterprises, in order to provide for maximum public convenience.
(Ord. No. O-03-17, § 2, 4-4-2017)
A.
The provisions of this chapter shall not be interpreted to nullify any easements, covenants or other private agreements which provide for more restrictive Sign regulations than are required by this chapter.
B.
The Development Services Director is authorized and directed to enforce and administer the provisions of this chapter. Whenever the application of this chapter is uncertain due to ambiguity of its provisions, the issue shall be referred to the Development Services Director for a determination. Such determination shall be made within ten days. Any decision made by the Development Services Director may be appealed to the Planning Commission in accordance with Section 18.50.040(F) of this chapter.
C.
It is the City's policy and intent to regulate both commercial and Noncommercial Signs in a viewpoint-neutral or content-neutral manner. The message of the Sign shall not be reviewed except to the minimum extent necessary to identify the type of Sign.
D.
In each instance and under the same conditions to which this chapter permits any Sign, a Sign containing an ideological, political or other Noncommercial Message that is constructed to the same physical dimensions of the permitted Sign shall be permitted.
E.
Within this chapter, the distinction between on-premises and off-premises applies to Commercial Messages.
F.
Signs not expressly permitted by this chapter are prohibited.
(Ord. No. O-03-17, § 2, 4-4-2017)
For purposes of this chapter, the following terms shall have the provided definitions:
"Abandoned Advertising Display" or "Abandoned Sign" means any display or Sign remaining in place or not maintained for a period of ninety days, which no longer identifies an ongoing business, product or service available on the business premises where the display or Sign is located or where the building, business or establishment to which the display or Sign is related has ceased operation. For purposes of this definition, abandonment for the applicable ninety-day period shall be deemed conclusive evidence of abandonment regardless of the property, business or Sign owner's intent.
"Animated Sign" means any Sign that uses flashing, blinking, movement or change of lighting to depict action or create a special effect. Any Sign with images or messages changing more than once within four seconds shall also be considered an Animated Sign.
"Beacon" or "Spotlight" means any structure or equipment emitting laserlight or light with one or more beams (whether stationary or moving) that are directed into the atmosphere or at one or more points not on the same lot as the light source.
"Banner" means any non-metallic paper, cloth, canvas, light-weight fabric or other non-rigid material, with or without frames, whether displayed horizontally or vertically freestanding (such as a flag), wall-mounted, pole-mounted, window-mounted or painted, or any other method of attachment, that is intended to be displayed for a limited period of time and intended to attract attention to the business or use conducted on the site, or intended to provide notice to City residents, as well as those who work in and visit the City, about special events that are sponsored by the City.
"Billboard" means a type of Off-premises Advertising Display that sells advertising copy to businesses that may or may not be located within the City, and may or may not be associated with a specific business location.
"Business District Sign" means a type of freeway-oriented Off-premises Advertising Display that sells advertising copy to businesses that are located within the respective Business District Sign Overlay identified on the Official Zoning Map. "Can Sign" means a Sign which contains all the text and/or Logo symbols within a single enclosed cabinet that is mounted to a wall or other surface. It specifically does not include the Sign cabinet that is part of a freestanding Sign.
"Canopy Sign" means any Sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover (excluding a Marquee) over a door, entrance, window or outdoor service area.
"Changeable Copy Sign, Electronic " means a Sign whose primary advertising focus is the intermittent display of electronic, computerized, digital or similarly produced letters, numerals, words messages, scenes or images as part of the advertising message that is changed no more than once every four seconds. A Sign on which the message or image create the illusion of flashing, blinking, movement, or animation shall be considered an Animated Sign purposes of this chapter.
"Changeable Copy Sign, Non-Electronic" means a Sign or portion thereof with characters, letters or illustrations that can be changed or rearranged manually without altering the face or surface of the Sign. A Sign on which the message or characters change more than twelve times per day shall be considered an Animated Sign and not a Changeable Copy Sign for purposes of this chapter.
"Channel Letter Sign" means a Sign made up of individual letters that are independently mounted to a wall or other surface. The "air space" between the letters is not part of the Sign structure but rather the building facade. A Logo may also be considered a channel letter provided it is clearly distinguishable from other Sign elements.
"City Manager" means the City Manager of the City of Colton or his or her designee.
"Commercial Flag" means a "Banner."
"Commercial Message" means any Sign, wording, Logo, or other representation that names or advertises a business, product, service, or other commercial activity.
"Construction Sign" means a temporary Sign directly connected with a construction project and may include the construction company's name, addresses and telephone number.
"Copy" means the words, letters, numbers, figures, designs, or other symbolic representations incorporated into a Sign.
"Development Services Director" means the Development Services Director of the City of Colton or his or her designee.
"Directional Sign" means any Sign intended to be permanently affixed and utilized only for the purpose of indicating the direction of any object, place, or area.
"Field" means the part of the Sign with no letters or Logos.
"Freeway-Oriented Sign" means a Sign, located on property which is adjacent to a freeway and meant to be seen from the freeway.
"Frontage, Public" means that side of a building facing onto a public street, mall (pedestrian courtyard), or parking area.
"Frontage, Street" means that side of a lot abutting a public street.
"Future Tenant Identification Sign" means a temporary Sign not exceeding thirty-two square feet in area that identifies a future use of a site or building.
"Gateway Sign" means a freeway-oriented Off-premises Advertising Display that promotes city businesses and other non-competing businesses and provides civic news and announcements, and is located within one-half mile feet of city corporate limits.
"Grand Opening Sign" means a Banner not exceeding thirty-two square feet in area that promotes the opening of a new business or use at a site or building.
"Graphic" means a symbol, pattern, or image used to advertise a product of a company, business, or organization and includes, but is not limited to, trademark Logos.
"Inflatable Balloon Sign" means a Sign consisting of balloons, inflatables or similar air, helium or hydrogen filled materials, including balloons and inflatables made of metallic and cloth material, no matter the size that is used to attract attention.
"Kiosk Sign" means an advertising and Directional Sign sponsored by the local building industry association or other local business and/or civic association and approved by the Planning Commission and/or City Council to advertise future residential subdivisions, residential planned communities or local business promotions and civic events sponsored by such associations.
"Logo" means a proprietary Graphic and/or text used as an identifying mark of a company, business, or organization. For purposes of this chapter, Logos shall be limited to registered trademarks, with proof of trademark from the United States Department of Treasury, for companies with a minimum of five operating stores/locations.
"Marquee" means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building for a distance of five or more feet, generally designed and constructed to provide protection from the weather.
"Marquee Sign" means any Sign attached to, in any manner, or made a part of a Marquee.
"Monument Sign" means a freestanding Sign less than six feet in height which is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding Sign types shall be either "Pole Sign" or "Pylon Sign." See Figure 18.50-1 (Monument Sign).
Figure 18.50-1: Monument Sign
"Multi-Tenant Center" means a property or combination of properties containing two or more businesses and which share common parking, driveway and access areas.
"Murals" means a painting on an exterior as a work of art with no Commercial Message.
"Noncommercial Flag" means any cloth, paper, canvas, light-weight fabric or other non-rigid material that identifies the United States, the State of California and other countries and states, counties and municipalities, nationally recognized organizations or corporations, and any other vertical or horizontal flag with no text, characters, or other message.
"Noncommercial Sign" means a Sign which displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern.
"Nonconforming Sign" means a Sign lawfully erected which does not comply with the provisions of this chapter.
"Off-Premises Advertising Display" or "Outdoor Advertising Display" means any billboard, structure, housing, Sign, painting, message placard or other contrivance, or any part thereof, which has been designed, constructed, created, intended or engineered to have a useful life of fifteen years or more and intended or used to advertise or to provide data or information in the nature of advertising for a business or businesses not located on the same premises as the Sign.
"On-Premises Advertising Display" means any structure, housing, Sign, device, figure, statuary, painting, message placard or other contrivance, or any part thereof, which has been designed, constructed, created, intended or engineered to have a useful life of fifteen years or more and intended or used to advertise or to provide data or information in the nature of advertising for a business or businesses located on the same premises as the Sign.
"Painted Sign" means a Sign which is comprised only of paint applied on a Building or structure, except for Murals, as defined by this section.
"Permanent Window Sign" means a Sign painted, attached, glued or otherwise affixed to a window or located within three feet of the interior side of the window or otherwise easily visible from the exterior of the Building.
"Pole Sign" means a freestanding Sign in excess of six feet in height which is detached from a Building and is supported by one or more structural elements that are less than one-fourth the width of the Sign Face. See Figure 18.50-2 (Pole Sign).
Figure 18.50-2: Pole Sign
"Political Sign" means a Sign erected prior to an election to advertise or identify a candidate, campaign issue, election proposition or other related matters.
"Portable Sign" means a temporary Sign that is not permanently attached to the ground or a Building or not designed to be permanently attached to the ground or a Building, including, but not limited to A-frames, sandwich boards or other freestanding signboards.
"Pylon Sign" means a freestanding Sign in excess of six feet in height which is detached from a Building and is supported by one or more structural elements that are architecturally similar to the design of the Sign. Pylon Signs less than six feet in height are prohibited. See Figure 18.50-3 (Pylon Sign).
Figure 18.50-3: Pylon Sign
"Real Estate Sign" means a temporary Sign advertising the sale or lease of the property upon which it is located, and may include the identification of the firm handling such sale, lease or rent.
"Roof Sign" means a Sign erected, constructed, painted or placed upon or over a roof or parapet wall of a Building and which is wholly or partly supported by such Building.
"Sign" means any device, fixture, placard or structure that uses color, form, Graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. Light banding along a Building is excluded from the definition of a Sign.
"Sign Face" means that area or portion of a Sign on which Copy is intended to be placed.
"Temporary Promotional Sign" means any portable sign, commercial flag, pennant, streamer, Banner, bunting material or other similar non-permanent sign made of non-metallic paper, cloth, canvas, light-weight fabric or other non-rigid material, with or without frames, whether displayed freestanding, wall-mounted, pole-mounted, window-mounted or painted, or any other method of attachment, that is displayed for a limited period of time less than one year and intended to attract attention to the business or use conducted on the site. Temporary Promotional Signs Shall not be used in lieu of permanent signage.
"Uniform Sign Program" means an integrated, visual and/or written description of the Signs to be placed on a Building or grouping of Buildings for the purpose of aesthetic uniformity in Sign design, construction and placement.
"Wall Sign" means a Sign attached to or erected against the wall of a Building or structure with the exposed face of the Sign parallel to the plane of such wall.
"Window sign" means any Sign, picture, letter, character or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed upon and/or inside and/or within three feet of a window for the purpose of being visible from exterior of the window.
"Year-Round Promotional Sign" means a Banner, Commercial Flag or Portable Sign that is prohibited pursuant to Section 18.50.070, but that the City may allow by subsequent ordinance.
(Ord. No. O-03-17, § 2, 4-4-2017)
A.
Permit Required.
1.
A Sign permit shall be required prior to the placing, erecting, moving, modifying or reconstructing of any Sign, including refacing a panel on a can or cabinet Sign, in the City, unless expressly exempted by this chapter. Signs requiring a permit shall comply with the provisions of this chapter and all other applicable laws and ordinances.
2.
A Uniform Sign Program, as described in subsection D of this section, shall be required for all new multi-tenant developments of three or more separate tenants that share either the same parcel or structure and use common Access and parking facilities.
3.
Gateway Signs, Business District Signs and Off-Premises Advertising Displays (Billboards) shall require approval of a Conditional Use Permit by the Planning Commission, pursuant to Section 18.58.060 of this Title. For Billboards an accompanying Billboard Public Benefit Agreement between the Billboard Operator, Property Owner and the City shall also be required. The Agreement may include compensation to be paid to the City of the provision of other public benefits to be provided as a result of the installation and operation of any Gateway Sign, Business District Sign, and/or relocation of freeway-oriented off-premises display or modification thereof.
4.
A Temporary Promotional Sign permit shall be required for all Temporary Promotional Signs unless specifically exempted by this chapter. Issuance of the temporary Sign permit shall be as described in subsection I of this section.
B.
Method of Application. An application for a Sign permit, Uniform Sign Program, or a Temporary Promotional Sign shall be made on forms as prescribed by the development services department and shall be filed with the same. The application shall be accompanied by any fees as specified by City Council resolution.
C.
Review Criteria for Sign Permit.
1.
Criteria for Approval. A Sign permit may be Approved when it complies with the standards and requirements of this chapter. A permit application may be Approved subject to conditions, so long as those conditions are required by this chapter or some other applicable law, rule, or regulation.
2.
Multiple Sign Applications. When an application proposes two or more Signs, the application may be granted in whole or in part, with separate decisions as to each proposed Sign. When an application is denied in whole or in part, written notice of determination shall specify the ground for such denial.
3.
Revocation or Cancellation. The Development Services Director shall revoke any Approval or permit upon refusal by the permit holder to comply with the provisions of the permit after written notice of noncompliance and at least thirty days' opportunity to correct. This provision does not apply in the event that the Sign, by nature of its physical condition, is an imminent and significant threat to public safety.
4.
Permits Issued in Error. Any Approval or permit issued in error may be revoked by the City upon written notice to the permit holder of the reason for the revocation.
D.
Uniform Sign Program.
1.
Purpose. The purpose of the Uniform Sign Program is to adopt unique and specific design and development standards for individual multi-tenant and mixed use developments. The intent is to integrate a project's Signs with the design of the structures to achieve a unified architectural statement. A Uniform Sign Program provides a means for defining common Sign regulations for multi-tenant projects, to encourage maximum incentive and latitude in the design and display of multiple Signs and to achieve, not circumvent, the intent of this title.
2.
Review Procedure. Review and Approval of a Uniform Sign Program is the responsibility of the Planning Commission. The Development Services Director may make a recommendation on the program to the Commission, and the Commission may approve, approve with conditions, or deny the program. Additionally, the Planning Commission shall be the approving authority for modifications and amendments to Uniform Sign Programs, except that the Development Services Director may be the approving authority for minor modifications that do not change or modify the intent or conditions of the original Approval. The Design Review Committee may elevate the decision to the Planning Commission.
3.
Standards. The Uniform Sign Program shall include criteria for building-attached and freestanding Signs, including Directional Signs, for tenants, anchors, and the integrated development itself to establish consistency of Sign type, location, Logo and/or letter height, lines of Copy, illumination, and construction details of Signs for the project. All Signs within the development shall be consistent with the Uniform Sign Program as the adopted program establishes the Sign standards for the development. The message substitution policy of this chapter shall be deemed incorporated in every Sign program, even if the Sign program documents do not explicitly so state. Maximum size, location, height, setback, and other development standards for Signs in the Uniform Sign Program shall be consistent with the standards of this chapter.
E.
Approving Authority. The designated approving authorities for Sign permits, Uniform Sign Programs, Gateways Signs, Business District Signs and Temporary Promotional Signs are listed in Table 18.50-1.
1.
Each row of the table lists a specific Sign permit by Sign type. Each of the designated approving authorities is listed in a column. The symbol in the cell where the rows and columns meet identifies whether the Approval authority listed in that column is a recommending body, final decision body, or elevated final decision body for that permit type. For instance, the table identifies the Development Services Director as the final decision body and the Planning Commission as the elevated final decision body for Sign permit-building attached Signs.
2.
Typically, the final decision body is the designated approving authority for the listed permit; however the approving authority may, if the designated approving authority determines that the proposed signage is of significant public interest, elevate the Approval to the next hearing body as listed in the table.
3.
The approving authority shall approve, conditionally approve, or deny the proposed Sign permit Application in accordance with the requirements of this chapter.
_____
Table 18.50-1: Approval Authority for Signs
*Conditional Use Permit and Billboard Public Benefit Agreement is required.
_____
F.
Timely Decision. At each level of review or appeal, the decision shall be rendered, in writing, within the following time limits. The time period begins running when the application is deemed complete, or the notice of Appeal has been filed, whichever applies.
1.
Upon receipt of a completed Sign review Application by the Development Services Director, the Director shall approve, deny, or refer the Application to the Planning Commission within thirty calendar days.
2.
Upon referral by the Development Services Director, the Planning Commission Shall approve, deny the Application within thirty calendar days.
3.
Notwithstanding the time limits imposed by this section, the department and the Applicant may mutually agree to an extension of the time limits. Such extension shall be in writing and Shall be for no more than ninety days.
4.
Should the Director fail to render a decision on a Sign Application within the prescribed time limits established by this section, such Sign Application shall be deemed automatically Appealed to the Planning Commission to the extent it complies with the area and location requirements for Signs imposed by this chapter.
5.
Notwithstanding any of the time limits contained in this section, the Development Services Director and Planning Commission shall endeavor to render decisions in a timely manner.
G.
Variances. Applications for a variance from the terms of this title shall be reviewed by the Planning Commission according to the variance procedures as set forth in this title, except for deviations up to twenty percent of that standard for letter height, maximum Sign area, maximum Sign height, or separation between Signs may be allowed with the concurrent Approval of a minor Sign deviation by the same approving authority for the Sign, when it is found that the deviation is necessary to improve the effectiveness of the purpose of the Sign.
H.
Appeals.
1.
Unless otherwise specified herein, a decision of the Development Services Director may be Appealed by the Applicant or any interested person within fifteen days of the decision to the Planning Commission. The Appeal shall be made on the forms prescribed by the planning division and fees shall be paid in accordance with the fee resolution adopted by the City Council. Automatic Appeals made pursuant to subsection (F)(4) of this section shall not be required to submit a fee. The Planning Commission shall review an Appeal at a regularly scheduled meeting according to the schedule of meetings and deadlines for submission of Applications. Notwithstanding such schedule, an Appeal hearing shall be held within thirty days of the filing date of any Appeal.
2.
A decision of the Planning Commission may be Appealed to the City Council by the Applicant or any interested person in accordance with the provisions of Subsection 18.58.070(C) of this code. The decision of the City Council shall be final.
3.
A final determination of the City Council may be Appealed to a court of competent jurisdiction in accordance with applicable provisions of the California Code of Civil Procedure.
I.
Temporary Promotional Sign Permit.
1.
Permit Requirements and Conditions. No Temporary Promotional Sign shall be displayed without first obtaining a Temporary Promotional Sign permit from the Development Services Director. Permits shall be issued within three working or business days of the filing of a completed Application that complies with all provisions of this chapter and the filing of all required fees for a Temporary Promotional Sign. The Development Services Director may, in his or her discretion, approve an Application that does not comply with the requirements of this chapter upon conditioning the permit with its compliance. The Development Services Director may also Attach additional reasonable conditions to assure that the Temporary Promotional Sign is safely displayed and will not constitute a hazard to public safety.
2.
Permit/Deposit Fees.
a.
A fee as established by resolution of the City Council shall be assessed for the Temporary Promotional Sign. The fee shall cover the City's reasonable administrative costs for enforcing compliance with this section and the processing of the Application.
3.
Appeals. A decision of the Development Services Director denying a temporary promotional sign permit may be Appealed to the Planning Commission within five working or business days of the Director's decision. The matter shall be scheduled for consideration by the Planning Commission within thirty days from the filing date of any appeal. The Planning Commission shall render a decision within thirty days of the meeting where it first considers the Appeal. The decision of the Planning Commission Shall be final.
4.
Authority. The Development Services Director is hereby authorized to develop all appropriate guidelines and policies and develop all appropriate forms for the implementation of this section.
(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-18-17, §§ 2, 3, 11-7-2017)
A.
General Enforcement Provisions.
1.
Any violation of the provisions of this chapter shall be deemed to be a continuing violation until the violation has been corrected.
2.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Notwithstanding the above, the City Attorney may, in his or her discretion, file the violation as an infraction. In Addition to these penalties or as an alternative, a person violating any of the provisions of this chapter shall be subject to the assessment of administrative fines and penalties pursuant to Title 8 of this code.
3.
Notwithstanding any other provision of this chapter, the City Attorney, upon the order of the City Manager or his or her designee, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any Sign which is in violation of any of the provisions of this chapter. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees.
4.
The owner or other person entitled to possession of a Sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of removal, storage and/or destruction and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.
5.
Any illegal Sign found and declared to be a public nuisance may be abated by the City in accordance with the provisions contained in Title 8 of this code.
6.
Enforcement of the provisions of this chapter shall be in accordance with Title 8 of this code.
B.
Temporary, Limited Term, and Political Sign Enforcement Provisions.
1.
The Development Services Director or code compliance office may summarily and without prior notice remove any Temporary Promotional Sign or Political Sign which constitutes an immediate peril to persons or property or constitutes a nuisance.
2.
If the Development Services Director or code compliance office finds that any Temporary Promotional Sign or Political Sign has been posted or is being maintained in violation of the provisions of this section, the Development Services Director or code compliance office may issue to the property owner, Sign owner or the owner's authorized agent an oral or written demand for the removal of such Sign or for correction of the violation. Such notice shall include a brief statement of the reasons for requiring removal.
3.
The Development Services Director or code compliance office may use due diligence to provide such notice by telephone or in person, and in Addition, may provide such notice in writing by hand delivery or by placing such notice in the United States mail addressed to the last known address of the owner of any Sign posted in violation of this chapter.
4.
Upon the failure of any owner of any Temporary Promotional Sign posted in violation of this chapter to correct the violation or to remove such Political Sign or Temporary Promotional Sign after notice by the Development Services Director or code compliance office, these entities shall have the authority to remove all such illegally posted Temporary Promotional Signs or Political Signs, and to dispose of such Signs if they are not claimed by the owner within ten working days.
5.
The Development Services Director or code compliance office may remove any abandoned Temporary Promotional Sign or Political Sign summarily and without prior notice. A Temporary Promotional Sign or Political Sign shall be deemed abandoned under the following circumstances:
a.
The owner of a Temporary Promotional Sign posted in violation of this section or the owner's authorized agent cannot in good faith be located within five working days; or
b.
Any Temporary Promotional Sign or Political Sign remains posted for more than ten days after the event or election to which it relates.
6.
The owner of a Sign that is informed by the Development Services Director or code compliance office of a violation of these provisions Shall have the right to Appeal such notice to the City Council within five days of its receipt, if the election or event to which such Sign relates has not occurred. Such Appeal Shall be in writing and shall temporarily stop enforcement of the required removal until the matter is heard by the City Council. The City Council's determination Shall be final.
7.
The City Council may, by resolution, adopt such fees as are necessary and reasonable to cover the cost of removal of illegally posted temporary promotional or Political Signs and the Development Services Director or code compliance office is authorized to collect such fees when any Temporary Promotional Sign or Political Sign is claimed by an owner, or by legal action after the claim period expires.
(Ord. No. O-03-17, § 2, 4-4-2017)
The following Signs may be erected without a permit, provided they comply with the development standards listed herein:
A.
Official traffic Signs or other municipal governmental Signs, legal notices, advertisements prescribed by law and placed by governmental entities, and Signs indicating the location of buried utility lines or any notice posted by a governmental officer in the scope of his duties. The City has a compelling interest in permitting such Signs in order to comply with state and local laws and promote public safety.
B.
Street address Signs consistent with Section XIV(B) of Security Ordinance Number 0-13-89, notwithstanding anything in this section, may be illuminated and may contain reflective paint or material. The City has a compelling interest in permitting such Signs to promote the identification of property to guide emergency response personnel.
C.
Direction, warning or information Signs or structures required or authorized by law, or by federal, state, county, or City authority. The City has a compelling interest in permitting such Signs in order to comply with state and local laws and to promote public safety.
D.
Noncommercial Flags attached to poles that identify the United States, the state of California and other countries and states, counties and municipalities, nationally recognized organizations or corporations, and any other vertical or horizontal flag with no text, characters, or other message, not to exceed three flags/poles on properties containing less than one acre of land, and not to exceed six flags/poles on properties containing more than one acre of land. Poles shall not exceed thirty feet in height and flags shall not exceed forty-two square feet in surface area. Such flags shall be maintained in good condition and free of tattering or tearing.
E.
Historical and/or memorial tablets and identification plaques installed by or on behalf of a recognized governmental historical agency. The City has a compelling interest in permitting such Signs to promote interest in historical structures and events and to promote public safety and identification.
F.
Permanent Window Signs not exceeding four square feet per Street Frontage shall be permitted. Such Signs should be encouraged to promote business identification, hours of operation and address information. Such Signs may not be illuminated.
G.
Time and temperature Signs containing no advertising Copy. The City has a compelling interest in permitting such Signs to promote awareness of local conditions for individuals with medical problems.
H.
Interior Signs within a structure not visible from the exterior of the structure, except temporary Window Signs.
I.
Signs and advertising for the California State Lottery as authorized by California Government Code, Section 8800 et seq.
J.
Kiosk Signs and other similar identification Signs placed on City property and Approved by the Planning Commission and/or City Council that are used to identify and promote economic development efforts or significant commercial enterprises in the City. For purposes of this subsection the term "significant commercial enterprises" Shall be defined as a grouping of similarly situated commercial land uses with an integrated commercial or economic development theme.
K.
Signs carried by individuals while standing, sitting, or traveling along any public sidewalk or other public property not to exceed two square feet. Such Signs may not be illuminated.
L.
Signs placed within community sports facilities as defined in Section 12.24.141.
M.
Construction Signs are allowed on private property outside of the public right-of-way and any required clear vision triangle, with the following limitations:
1.
Residential Subdivisions. One Sign, limited to a maximum of thirty-two square feet. May only be erected after Approval of tentative map and must be removed immediately upon the close of escrow of the sale of the last lot. The maximum height shall be eight feet.
2.
Multiple-family Residential. One Sign, not exceeding twenty-four square feet in area, May be placed on property upon which an Apartment Building is under construction or for which a site plan has been Approved. Such Sign shall be subject to removal when the vacancy rate is reduced to twenty-five percent or less. The maximum height shall be five feet.
3.
Nonresidential Property. One Sign per property not to exceed thirty-two square feet in area. The maximum height shall be five feet. The Sign may not be illuminated. Such Signs shall not be erected prior to the commencement of construction or grading and shall be removed upon first issuance of an occupancy certificate for the Building(s).
N.
Future Tenant Signs. One Future Tenant Identification Sign per business or use shall be permitted not to exceed thirty-two square feet in area. A Future Tenant Identification Sign listing the name of future tenants, responsible agent or realtor, and identification of the specific complex shall be encouraged. Said Sign is permitted until such time as a certificate of occupancy is issued for the Building(s). The maximum height shall be five feet. The Sign may not be illuminated.
O.
Real estate for sale or rental Signs provided they are not located in the public right-of-way.
P.
Directional Signs whose function is guiding traffic, parking, and loading on private property, with no advertising/Commercial Message. Maximum of one Sign per driveway. Sign area is limited to a maximum of six square feet per Sign and a maximum height of four feet if freestanding. Exceptions to standards regarding Copy, quantities, Sign area, and height may be allowed for larger sites with multiple Buildings, tenants, and/or driveways as part of Uniform Sign Program by the Planning Commission or a Minor Amendment to an existing Uniform Sign Program by the Development Service Director.
Q.
Nameplates identifying (and Copy limited to) the address of the Building, property, or tenant to a maximum of one square foot per Sign. Nameplates may only be lit by either an indirect light (e.g., porch light) source, low-wattage Spotlight without glare to the adjoining property, or internal light source with opaque (non-transparent) background. The Signs may be combined into one single tenant directory at the shared entrances of a multi-tenant Building subject to the Approval of a Sign permit by the Director if attached to a Building wall and as part of Uniform Sign Program by the Planning Commission or a Minor Amendment to an existing Uniform Sign Program by the Director if not attached to a Building wall.
R.
Political signs complying with the following regulations:
1.
Political signs Shall not exceed sixteen square feet in total area within a residential zone or thirty-two square feet in total area within a commercial or industrial zone. Aggregate total sign area for a single candidate Shall not exceed thirty-two square feet per parcel.
2.
Political signs Shall not be placed sooner than forty-five days prior to the date of the election to which such sign relates. Political signs originally placed for a primary election May remain in place if such signs also relate to the next general election.
3.
All political signs Shall be removed not later than ten days following the date of the election to which such sign relates. Political signs existing on property longer than ten days following the election to which such sign relates Shall be deemed abandoned and a nuisance and Shall be abated pursuant to Title 8 of this code.
4.
No political sign Shall exceed an overall height of twelve feet from the finished grade.
5.
No political sign Shall be placed in a manner that obstructs visibility of pedestrian or vehicular traffic or that poses a public safety or health hazard; such signs are deemed to be public nuisances and Shall be removed in accordance with Title 8 of this Code.
6.
No political sign Shall be placed or fixed to any publicly owned tree, fence, or utility pole within the public right-of-way or otherwise posted on any public property. Placement of such political signs Shall be deemed a public nuisance pursuant to California Government Code, Section 38773.5 and Shall be subject to summary Abatement.
7.
No sign Shall be placed on a vacant or unimproved lot without prior Approval from the property owner.
S.
Grand Opening Signs. One Grand Opening Sign per business or use shall be allowed, not to exceed thirty-two square feet in area. Said Sign is permitted for a maximum of forty-five days after occupancy is issued for the business or use by the City. The maximum height shall be five feet. The Sign may not be illuminated.
T.
Murals, subject to Approval by the City Council after advisory review by the Planning Commission.
(Ord. No. O-03-17, § 2, 4-4-2017)
It shall be unlawful to erect, and no permit shall be issued, for any of the following Signs:
A.
Any Sign not specifically in accordance with the provisions of this chapter;
B.
Signs painted or mounted on roofs or placed above the roof line (except for roof parapet walls and mansard roofs);
C.
Animated Signs and flashing Signs, with the exception of time and temperature signs and electronic reader Signs;
D.
Commercial Flags, pennants, Banners, balloons or other paraphernalia composed of paper, cloth or other flexible material, unless otherwise permitted;
E.
Signs which rotate, move, reflect, blink or incorporate elements that do so, except time and temperature Signs and electronic reader Signs;
F.
Off-Premises Advertising Displays (billboards), except as otherwise provided;
G.
Signs placed on the public right-of-way or affixed to an element or structure on the public right-of-way, except where required by a governmental agency or permitted as part of Kiosk Sign program, Gateway Sign or Business District Sign;
H.
Portable Signs, including A-frame Signs, unless otherwise permitted;
I.
Inflatable Balloon Signs, including, but not limited to individual balloons, balloon strings, and other inflatables made of a flexible material and inflated so as to be lighter than air, except when part of a bona fide special event Approved through a Special Events Permit;
J.
"Can Signs," except as allowed by Section 18.50.090.B.3.f;
K.
"Pole Signs" and other freestanding Signs constructed with a single supporting pole that is not covered with architectural cladding or other covers so as to appear as a solid base or structure, or supported by one or more structural elements that are less than one-fourth the width of the Sign Face;
L.
Signs made of paper and placed on the exterior of a building and handwritten Signs/flyers placed in windows;
M.
Signs located in the public right-of-way or located on a publicly owned tree, fence, or utility pole or otherwise posted on public property;
N.
Signs made of neon, except that neon tubing may be used as a source of illumination, provided it is behind the face of the Sign, or used as a logo, or included as part of an interior window sign;
O.
Signs affixed to vehicles where the primary purpose of the vehicle is advertising. This does not apply to Signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being uses (e.g., delivery service) or is required by state or federal law (e.g., contractor's license number);
P.
Signs exceeding two square feet in area carried by individuals while standing, sitting or traveling along any public sidewalk, other public property or any private property when visible from a public right-of-way;
Q.
Signs attached to light standards unless part of a Uniform Sign Program;
R.
Beacons, except when part of a bona fide special event approved through a Special Events Permit;
S.
Painted Signs (which does not include Murals or temporary Window Signs), except where attached to building walls and it is determined that the Sign is complementary to an overall building design and approved through a Sign Permit at the discretion of the Director of Development Services.
(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-12-18, § 40, 12-18-2018)
A.
Construction of Signs. Every Sign and all parts, portions and materials shall be manufactured, assembled, erected, maintained, repaired and removed in compliance with all applicable state, federal and City regulations, including the City's adoption of the California Building Code and other Uniform Codes.
B.
Maintenance of Signs. Every Sign and all parts, portions and materials shall be maintained and kept in proper repair and condition as approved by a City Sign permit. The support structure, display surface and all other parts of all Signs shall be kept clean, neatly painted, and free from rust, corrosion, damage, and graffiti. Rust, corrosion, damage and graffiti will be repaired, replaced, recovered, refaced, or repainted with color matching paint and materials so as to produce the appearance that rust, corrosion, damage or graffiti never existed. Any missing or malfunctioning lights, broken or missing Sign Copy, or other non-maintained portions of a Sign shall be repaired or replaced. Any of the actions above shall be completed within thirty (30) days following notification by the City. Noncompliance with such a request notice will constitute a nuisance condition and zoning violation and will be enforced as such.
C.
Determination and Measurement of Sign Area.
1.
General Area Calculation. Generally, the area of a Sign shall be measured as the overall length of the Sign times the overall height of each segment of Copy or Logo. When the Sign is composed of individual letters applied to the building without a distinctive background (e.g., channel letters), the area of the Sign shall be measured as seventy-five percent of the area of the Sign Copy (height of the letters times the length of each line of letters, e.g., length × height × seventy-five percent).
2.
Awning or Canopy Signs. Sign Copy which is applied to an awning or canopy shall be computed at one hundred percent of the area within a single rectangle enveloping the Sign Copy.
3.
Freestanding Signs. Freestanding Signs are to be computed as total height by the total length of the Sign or Signs which contain Sign Copy, excluding structure framework (e.g., post or column). The base of a freestanding Sign is not part of the Sign when of wood or masonry.
a.
For double sided freestanding Signs, only one side of the Sign shall be used to make the calculation.
b.
For three-sided Signs, only the side with the largest Sign area shall be used to make the calculation.
c.
For four-sided Signs, the area shall be calculated by the greatest distance between the area of two sides.
D.
Measurement of Sign Height. Sign height shall be measured from the upper most part of the Sign used in determining the area of the Sign to the lowest elevation at the base of the Sign. For freestanding Signs, the Sign structure may project above the upper most part of the Sign used in determining the area of the Sign by a maximum of ten percent of the Sign height.
E.
Setback and Spacing of Freestanding Signs.
1.
The minimum setback distance for freestanding Signs shall be measured from back of the public right-of-way or side of a driveway, unless an encroachment permit is granted. All freestanding Signs shall be located outside of the public right-of-way at least three feet from any property line and any required clear vision triangle.
2.
The minimum spacing distance between permanent freestanding Signs, excluding on-premises directory Signs, should be fifty feet, including distance from Signs on other properties. The designated approving authority will review the proposed location on a case-by-case basis to ensure the Sign is located outside the required clear vision triangle and does not otherwise inhibit motorist safety.
F.
Sign Removal if No Longer Used.
1.
A Sign shall be removed:
a.
Within thirty (30) days following cessation of the business which uses the Sign or is otherwise advertised or identified by the Sign; or
b.
Within thirty (30) days following the business' cessation or the use of the Sign, where a business continues to operate on the premises where the Sign is located.
2.
Notwithstanding subsection F.1, a Sign no longer in use may remain in place for a longer period of time than thirty (30) days under either of the following circumstances:
a.
The Sign is covered with a solid opaque covering or other method acceptable to the Director which removes or completely obscures the text, logos, diagrams or other copy which advertised or identified the business that is no longer operating or using the Sign. If the Sign owner elects this option, the Sign may remain in place for a period of up to one (1) year from cessation of use and thereafter shall be removed in accordance with this Section; or
b.
The Sign owner and the City enter into an agreement allowing the City to post City-oriented advertising and public outreach messages on the Sign, at the City's cost and upon those terms and conditions mutually negotiated in good faith between the City and Sign owner. The Sign may remain in place for the period of time as the Sign owner and City may agree, and thereafter shall be removed in accordance with this Section.
3.
A Sign need not be removed if, prior to the applicable expiration period, the text of the Sign is changed in compliance with this Chapter to advertise, identify or otherwise be used by a successor business that is operating on the premises.
4.
When a Sign is removed, all brackets, poles, and other structural elements that support the Sign shall also be removed. Affected building surfaces shall be painted or otherwise restored to match the adjacent portion of the structure. This paragraph does not apply to maintenance or repair work where the Sign will remain in use and operate in compliance with this Chapter when maintained or repaired.
5.
Failure to remove a Sign or otherwise comply with this subsection will constitute a nuisance condition and zoning violation and will be enforced as such.
(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-11-20, § 11, 10-20-2020)
The following criteria shall be utilized for permanent advertising displays and Signs, and shall not be construed to govern the design of temporary promotional or Political Signs.
A.
General Design Standards for onsite signs.
1.
Architectural Style. Each Sign shall be designed to be compatible with and relate to the architectural style of the main building or buildings upon the site where such Sign is located. Each Sign shall also be compatible with the style and character of the existing improvements upon the lots adjacent to the site. Signs located on commercial sites but in a predominately residential area shall be designed to be compatible with such residential area and unobtrusive.
2.
Relationship to Buildings. Signs located upon a lot with one main building or several buildings shall be designed to incorporate at least one of the predominant visual elements of such building or buildings, such as type of construction materials, color, or other design detail.
3.
Color. The color(s) of a Sign should be harmonious and complementary to the colors of the building on or near which it is to be located. Fewer colors will generally produce the most attractive Sign.
4.
Letter Style. The letter style to be used on a Sign should also be compatible with the architectural style of the building. For example, simple block letters are generally most compatible with the Spanish style buildings. For those buildings that have been recently constructed and having no particular architectural style, simpler letter styles are desirable.
5.
Sign Materials. The goal of Sign design is to maintain moderate, attractive, and compatible styling so as not to conflict or distract from the architectural character of the area. The choice of materials shall be left to the discretion of the applicant, subject to the recommendations of the Development Services Director, the provisions of this chapter and the approval of the City.
6.
Relationship to Other Signs. Where there is more than one Sign on a site or building, all permanent Signs displaying a Commercial Message shall have designs that similarly treat or incorporate the following design elements:
a.
Letter size and style of Copy;
b.
Shape of total Sign and related components;
c.
Type of construction materials;
d.
Sign/letter color and style of Copy;
e.
Method used for supporting Sign (e.g., wall or ground base); and
f.
Location.
7.
Sign Illumination. The artificial illumination of Signs, either from an internal or external source, shall be designed to minimize negative impacts on surrounding rights-of-way and properties. The following standards shall apply to all illuminated Signs:
a.
External light sources shall be directed and shielded to limit direct illumination of an object other than the Sign;
b.
The light from an illuminated Sign shall not be of an intensity or brightness that will create glare or other negative impact on residential properties in direct line of sight to the Sign;
c.
Unless otherwise permitted by another provision of this chapter, Signs shall not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color notwithstanding electronic changeable copy ("digital") signs, which are regulated by Section 18.050.090B.4.a—c;
d.
Colored lights shall not be used at a location or in a manner so as to be confused or constructed as traffic control devices;
e.
Reflective type bulbs and incandescent lamps that exceed fifteen watts shall not be used on the exterior surface of Signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property; and
f.
Light sources shall utilize energy efficient fixtures to the greatest extent possible and shall comply with Title 24 of the California Code of Regulations (California Building Standards Code).
8.
For increased readability, the City encourages the use of light or translucent Sign Copy on dark and non-translucent background or Sign Field.
9.
The maximum coverage of Copy allowed on a Sign shall be eighty percent of the Sign Face.
B.
Design Standards for Special Sign Types.
1.
Awning and Canopy Signs. Awning and Canopy Signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied, as follows:
a.
Lettering shall be allowed on awning valances only and shall not exceed eight inches in height. Logos, symbols, and Graphics that do not include text may be allowed on the shed (slope) portion of an awning and shall not exceed four square feet in area for each awning. See Figure 18.50-4 (Awning and Canopy Sign).
Figure 18.50-4: Awning and Canopy Sign
b.
Lettering shall be located within the middle seventy percent of the valance area.
c.
Only permanent Signs that are an integral part of the awning or architectural projection shall be allowed. Temporary Signs shall not be placed on awnings.
d.
Awning Signs shall only be allowed for first and second story occupancies.
e.
Awnings shall not be lighted from under the awning (back-lit) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed.
f.
Awnings shall be regularly cleaned and kept free of dust and visible defects.
g.
The style of the awning/canopy shall complement the architectural style of the building to which it is attached. Awnings should generally have a simple horizontal valance if located over rectangular or square window/door openings. Domed or barrel shaped awnings are appropriate for buildings with arched window/door openings.
2.
Blade/Bracket Signs.
a.
Location. Blade or bracket Signs shall be placed only on ground floor facades, except for businesses located above the ground level with direct exterior pedestrian access.
b.
Height. The lowest point of a blade or bracket Sign shall be a minimum of eight feet above grade.
c.
Projection. The Sign may project a maximum of four feet from the building.
d.
Sign Structure. Sign supports and brackets shall be compatible with the design and scale of the Sign.
e.
Encroachment. Blade or bracket Signs may not encroach into the public right-of-way or be located above it, or into City-owned property.
3.
Building Attached Wall Signs.
a.
Wall Signs shall be compatible with the predominant visual architectural elements of the building facade.
b.
Place Wall Signs to establish facade rhythm, scale, and proportion where such elements are weak. In many existing buildings that have a monolithic or plain facade, Signs can establish or continue appropriate design rhythm, scale, and proportion.
c.
Utilize a consistent proportion of signage to building scale, such as one-third text to two-thirds wall area or one-fourth text to three-fourths wall area. See Figure 18.50-5 (Text Scale). Parapet roof or mansard Roof Signs may be allowed with review and approval by the Director of Development Services only if building does not provide adequate surface area for Wall Signs.
Figure 18.50-5: Text Scale
d.
Wall Sign raceways shall be concealed from public view (e.g., within the building wall or painted to match the exterior color of the building where the Sign is located) or otherwise integrated with the design of the Sign and building so as to not detract from the architectural character of the building.
e.
Direct and indirect lighting methods are allowed provided that they are not harsh or unnecessarily bright. Light shall either be directed down or in such a way that it does not cause light trespass or glare onto adjoining property or the public right-of-way.
f.
Panel signs either within Can-type Signs or within frames are prohibited, except where the Development Services Director finds that such a sign will not detract from other signs on the property or on surrounding area, and that sign anchoring and installation can comply with the California Building Code. Channel letters are preferred. Channel letters shall be made of a durable material. Channel letters may not utilize gold-colored (or a shade of gold) trim cap.
g.
If a tenant's signage on one facade is made up of multiple elements (e.g., Logo and text), locate, and scale the elements with relationship to each other. See Figure 18.50-6 (Multiple Element Signs).
Figure 18.50-6: Multiple Element Signs
4.
Electronic changeable Copy Signs.
a.
Electronic changeable Copy Signs shall be permitted as part of a freestanding Sign located along a freeway right-of-way or a major arterial, as defined by the General Plan Mobility Element, or on the site of a public facilities, educational facilities, or other civic institutions, including religious uses integrated within the design of the freestanding Sign.
b.
The changeable Copy of Signs within six hundred sixty feet of a freeway centerline shall not change more than once every six seconds.
c.
The changeable Copy of Signs not within six hundred sixty feet of a freeway centerline shall not change more than once every thirty seconds.
d.
Time and temperature display, of at least six seconds, shall be required to appear during every two minutes of operation.
e.
Public service messages shall be accommodated at no additional charge, and may constitute ten percent of the messages displayed during each one-hour period. These public service messages are in addition to the required time and temperature displays. The City shall have authority to review and approve public service messages.
f.
Electronic changeable Copy Signs shall automatically adjust the brightness of illumination between night and day.
g.
Electronic changeable Copy Signs may not identify commercial uses/contain Commercial Message for uses not located on the same site as the Sign, unless they are Gateway Signs or Business District Signs, for which different standards apply.
5.
Freestanding Signs.
a.
Monument and Pylon Signs are allowed, subject to setback and spacing requirements in Section 18.50.080.E., because they can be more fully integrated in to the overall development design. Pole Signs are specifically prohibited. Pylon Signs shall be constructed with architectural cladding or similar material covering the supporting framework so they are architecturally integrated with the rest of the Sign.
b.
Voids between the Sign Face and the Sign structure are prohibited. Either the Sign Face shall utilize the full width of the Sign structure or coverings that are architecturally consistent with the rest of the Sign shall be used to fill any voids. The intent is to have the Sign be fully architecturally integrated.
c.
Materials and design for freestanding Signs shall be complementary to the materials and design of the buildings for the related development. For example, if the facade of the building is made of brick or brick veneer, a complementary freestanding Sign would also include brick.
d.
Landscaping shall be provided at the base of the Sign equal to the area of the Sign, except for freeway-oriented freestanding Signs, Gateway Signs and Business District Signs. Landscaping shall be complementary to and designed in concert with the landscaping for the overall site. The design of the landscaping shall be such that natural growth will not obscure the Sign from the public right-of-way.
e.
The minimum letter height on a freestanding Sign shall be ten inches. For freeway-oriented freestanding Signs, Gateway Signs and Business District Signs, the minimum letter height shall be eighteen inches. The intent is to limit the clutter of text on the Sign and increase readability for the motoring public, thereby providing for public safety. Monument and Pylon Signs shall contain the main address number or range of numbers of the site in minimum eight-inch high letters and this area shall not be counted towards the maximum Sign area. Deviations from letter height requirements may be approved through a Uniform Sign Program by the Planning Commission.
f.
The maximum letter height on a freestanding Sign shall be thirty-two inches. For freeway freestanding Signs the maximum letter height shall be forty-eight inches. The intent is to limit the negative visual impact of large text size.
g.
Freeway-oriented freestanding Signs, Gateway Signs and Business District Signs shall include City identification Copy consisting of the text "City of Colton" with letter height proportional to overall Sign size, or otherwise identify "Colton" on the Sign. The intent is to help identify the site as being located within the City of Colton. The City identification Copy shall not be counted towards the total Sign area and shall be exempted from the height maximum. The City identification Copy shall be illuminated at night. This requirement may be waived by the approving authority, at its discretion, if it is determined that City identification of adequate size is provided on other Signs within four hundred fifty feet of the proposed Sign.
h.
Gateway Signs shall be designed in accordance with the following general design template, and in accordance with the standards contained in Section 18.50.120.
Figure 18.50-7: Gateway Sign Design Concept
6.
Changeable Copy Sign, non-electronic. These types of Signs shall be considered to be the same as any other type of Sign and shall be regulated by their location, i.e., if located on a wall, they shall be deemed Wall Signs and the changeable Copy portion shall not exceed more than one-half the proposed Sign area.
7.
Menu Board. One single-face freestanding or Wall Sign oriented towards an approved drive-through lane containing menu or other list of products with a maximum Sign area of thirty-two square feet and maximum height of six feet.
(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-12-18, § 41, 12-18-2018; Ord. No. O-11-20, § 12, 10-20-2020)
Table 18.50-2 lists the development standards for all on-premises Signs based on use type and zoning district, as well as allowed Sign type. As identified in Section 18.50.040, a Sign permit and Building permit are required before any of the Sign types listed herein are installed, erected, or otherwise established. The intent of the Sign permit is to ensure that the development standards listed are adhered to. The intent of the Building permit is to ensure that the installed signs comply with California Building Standards and are installed in a safe manner. Only those Signs that may be permitted are listed. Regulations for temporary promotional on-premises Signs are listed in Section 18.50.110. Regulations for off-premises Signs are listed in Section 18.50.120. The following general rules/standards apply to permanent Signs regulated in this section:
A.
Building Signs are those Signs that are permanently attached to a building (e.g., Wall Signs, awning/Canopy Signs, blade/bracket Signs). Only one type of building Sign (wall, awning/canopy, blade/bracket) is allowed per establishment.
B.
Illumination standards refer to whether or not the Sign may be illuminated and how. Signs that may be illuminated may be done so by "indirect or background" (indirect light source, low-wattage Spotlight, or internal light source with opaque, nontransparent background) or by any method that minimizes glare onto neighboring residential property and the public right-of-way.
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Table 18.50-2: Allowed Permanent On-Premises Sign Standards
Notes:
1. All nonresidential properties shall be limited to a maximum of one of each Sign type per property/development, except as otherwise provided. For example, a site may have a maximum combination of one Wall Sign, one freestanding Sign, and one Window Sign. In no instance may an establishment have both an awning/canopy sign and a blade/bracket Sign or an awning/Canopy Sign and a Wall Sign. Only one type of building Sign (wall, awning/canopy, blade/bracket) is allowed per establishment.
2. Maximum letter height allowed is twenty-four inches, except for Signs for an individual tenant with public entrances along a Public Frontage of one hundred feet or greater of lineal feet shall be allowed letter height up to thirty-six inches. Logos and Graphics shall not exceed three feet by three feet. Logos greater than three feet by three feet are not allowed as standard Can Signs with shapes similar to rectangles, but may be Approved as contoured cabinet Signs if the Logo serves as a single Sign for the establishment, in which case the underlying maximum Sign area prevails.
3. Applicant may choose one type or the other but is limited to one freestanding Sign per Street Frontage, except as otherwise provided; however Multi-Tenant Centers on sites greater than four acres in size or with more than three hundred linear feet of frontage per street may increase the Sign Face area of each Sign to a maximum of one hundred square feet and have one additional freestanding Sign above the otherwise allowed maximum.
4. Signs which only include Logo Copy and do not include text may exceed the maximum Sign area to a maximum of three hundred sixty square feet.
5. Sign height shall be measured from the finish grade of the freeway or adjacent roadway, whichever is higher.
6. Applies to properties which are adjacent to a freeway or are only separated from a freeway by a public or quasi-public right-of-way or easement. The design and character of the Sign must be consistent with the standards for Pylon Signs. Freeway oriented Signs may not identify commercial uses/contain Commercial Message for uses not located on the same site as the Sign. Otherwise, they are considered off-premises Signs and are prohibited by this code.
7. For multiple-tenant Buildings or parts of Buildings with tenants without exclusive exterior entrances, the building/site name or name of one on-site tenant as a Building identification Sign may be permitted by right. Additional signage may be permitted for a maximum of four tenants without exclusive exterior entrances on a multiple-story office Building subject to review of a Uniform Sign Program by the Planning Commission.
8. Parapet roof or mansard Roof Signs may be allowed with review and Approval by the Planning Commission only if Building does not provide adequate surface area for Wall Signs.
9. Copy on freestanding Signs, in Addition to building/site name and address, shall be limited to that related to tenants with exclusive exterior entrances and with installed Wall Signs, except for Monument Signs Approved by the Planning Commission through a Uniform Sign Program allowing Copy for tenants without exclusive exterior entrances subject to all applicable standards.
(Ord. No. O-03-17, § 2, 4-4-2017)
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This section describes standards for temporary promotional on-premises signs. These signs require the issuance of a temporary sign permit as described in Section 18.50.040. The development standards for temporary signs are listed in Table 18.50-3. The following general rules/standards apply to all Temporary Promotional Signs:
A.
Time duration. Display periods for Temporary Promotional Signs Shall be limited to a maximum of sixty days, continuous or non-continuous, within a one-hundred-and-eighty-day period not to exceed a total of one hundred and twenty days within a three-hundred-and-sixty-day period. Non-continuous days must be specified on the temporary sign permit.
B.
Illumination. No Temporary Promotional Signs May be illuminated by lighting exclusively designed for the Temporary Promotional Sign.
C.
Encroachment. Temporary Promotional Signs Shall not encroach on or above the public right-of-way or be attached to utility poles, traffic signal, utility cabinets and street sign posts, except where all of the following criteria are met: a) the business is located in a Building built at property line with no setback to the public right-of-way, b) the business obtains an encroachment permit from the Public Works Department, and c) the sign conforms to the display specifications of in Section 18.50.110.F.
D.
Obstruction. Temporary Promotional Signs Shall not obstruct required paths, driveways, crosswalks, walkways for pedestrians and vehicles and views of vehicular traffic, including sight distances for vehicular traffic at corners.
E.
Maintenance. Temporary Promotional Signs Shall be maintained in good condition and free of tattering or tearing.
F.
Display specifications. All Temporary Promotional Signs Shall conform to the following standards:
1.
Maximum of one of each of the following signs for a maximum of three signs: one wall Banner (maximum fifty square feet), one commercial flag (maximum ten feet high and thirty-two square feet), or one portable/A-frame (maximum six square feet sign face; maximum two faces; height between three and four feet above grade).
2.
Maximum of one promotional sign per business exterior wall and one portable sign such as a commercial sign or portable/A-frame sign.
3.
Sign Shall not detract from the appearance of the Building and/or site as determined by the Director.
4.
No illumination (lighting) exclusively designed for the sign is permitted.
5.
Sign Shall be removed or replaced if tattered, torn, damaged, or otherwise not in good condition.
6.
Sign Shall be kept clean and clear or graffiti.
7.
No attachment to the sign, including balloons, streamers, lights, or other attention-getting devices.
8.
Portable/A-frame Sign Standards:
a.
Signs Shall leave at least four feet for pedestrian Access. If located in the public right-of-way, a City Encroachment Permit shall be obtained from the Public Works Department.
b.
Signs Shall not impede the sight distance of vehicular traffic.
c.
Signs Shall consist of durable materials (metal, wood, plastic) and the use of paper or cardboard is not allowed except as changeable copy within and safely fastened to a framed area made of durable rigid materials. Signs Shall be professionally made or have the appearance of a professionally made sign. Signs with wheels Shall be fixed (locked) in position.
d.
Sign Shall contain the name and phone number of the business and owner of the sign in order (not required on the sign face, but somewhere on the sign structure).
e.
Signs May be displayed only during normal hours of the business and Shall be removed (placed indoors) when the business ceases operation for that day.
Table 18.50-3: Temporary Sign Standards
(Ord. No. O-03-17, § 2, 4-4-2017)
A.
Generally, all new Off-Premises Commercial Message Signage is prohibited within the City. Existing off-site Commercial Message Signs (e.g., billboards) are considered Nonconforming Signs as regulated by Section 18.50.140. However, the following off-premises signage is permitted as specified below:
1.
Business District Sign. Pursuant to the City's interest in promoting businesses located within major commercial districts of the City (Hub City Centre Specific Plan, Downtown Colton and Cooley Ranch), Business District Signs (electronic changeable copy only) are permitted within major commercial districts, as specified by the Business District Sign Overlay on the Official Zoning Map, subject to approval of a Conditional Use Permit and Billboard Public Benefit Agreement.
2.
Gateway Sign. Pursuant to the City's interest in promoting businesses citywide, one Gateway Sign (electronic changeable copy only) is permitted within one-half mile of each major freeway entry to the City (Interstate 10 and Interstate 215), subject to approval of a Conditional Use Permit and Billboard Public Benefit Agreement.
3.
Kiosk Program. Under the City's authority and capacity as proprietor of City property, the City has created a program for off-premises signage kiosks for certain uses and activities of City-wide benefit and interest. For purposes of this section, "city-wide benefit and interest" shall mean those uses or activities that, individually, generate significant revenue for the City. Additionally, such uses shall have a minimum total of one thousand feet lineal public Street Frontage.
Such program is adopted by resolution and may be updated from time-to-time as deemed necessary and appropriate by the City Council. The program shall, at a minimum, specify the following:
a.
Uses which qualify for the off-premises signage kiosk program;
b.
Development standards, design, and allowable Copy for off-premises signage kiosks;
c.
Allowable locations for the kiosks;
d.
A process for determining which businesses, developments, and other uses are allowed to be listed in the kiosks;
e.
An administration process for the program, including establishment of a fee schedule;
f.
Any other element of the program deemed necessary and appropriate by the City.
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Table 18.50-4: Off-Premises Sign Standards
Notes:
1. Conditional Use Permit and Billboard Public Benefit Agreement are required.
2. Maximum display area is 25 feet in height and 60 feet in length.
3. Height shall be measured from the finish grade of the freeway or adjacent roadway, whichever is higher.
4. Distance and Separation.
A. Sign may not be located closer than 500 feet from another permitted display on the same side of freeway, or closer than 1,000 feet from another freeway-oriented electronic changeable copy ("digital") Sign.
B. Sign shall be located no farther than 150 feet from a freeway right-of-way, and only on a property that is immediately adjacent to or abutting a freeway right-of-way, or separated from a freeway right-of-way by only a frontage road, a railroad right-of-way, a public flood control channel, or public utility easements. No Business District or Gateway Sign shall be located within 150 of property for which zoning does not allow outdoor advertising displays (e.g., residential property).
C. Gateway Sign shall be located a maximum of one-half mile from freeway point of entry into City.
5. Caltrans Standards. Sign shall comply with all Caltrans standards, including restrictions pertaining to Classified Landscape Freeways, minimum distance/separation standards, and shall obtain a State Outdoor Advertising Permit.
6. Each Business District Sign shall identify the name of the business district in which it is located and shall only advertise businesses which are located within the Business District and on the same side of the freeway where the Sign is located (per Outdoor Advertising Act, Section 5274).
7. Sign shall comply with electronic changeable copy Sign standards contained in Section 18.050.090B.4.
8. Billboard Public Benefit Agreement.
a. Application requirements. In addition to the Conditional Use Permit and Sign Permit requirements, the applicant shall request in writing the approval of an Agreement that includes the following:
i. The name, address, phone number and other contact information of the person or entity proposing the Agreement.
ii. Identification of the location proposed for a new or relocated or modified billboard and the billboard(s) being permanently removed, where applicable.
iii. Information that establishes that the person or entity proposing the Agreement has legal or equitable interest in the billboard being removed or modified and the site proposed for relocation or placement.
iv. An explanation of the compensation to be paid or public benefits to be provided to the City.
v. The Applicant must pay a filing fee in accordance with an approved resolution. This fee shall be in addition to any other required fees for permits relative to development of the property and of all existing structures and improvements on the property, and the proposed billboard.
b. Review Process. All Agreements shall be reviewed by the Planning Commission at a duly noticed public hearing, concurrent with the required Conditional Use Permit. The Planning Commission shall review the Agreement and make a recommendation to the City Council, whether the proposed or modified billboard meets the findings in Section c., below.
c. Findings. No later than forty-five days after the Planning Commission makes its recommendation, the City Council shall review and consider the Agreement at a duly noticed public hearing. In order to approve a request for an Agreement, the City Council shall make the following findings:
i. The proposed Agreement is consistent with the goals, objectives, purposes and provisions of the General Plan, Zoning Code and any applicable specific plans;
ii. The proposed billboard would not result in a threat to the general health, safety and welfare of City residents; and
iii. The proposed billboard, in addition to its aesthetic treatment, provides public benefits that would not otherwise accrue to the public in the absence of its installation.
B.
Pursuant to Business and Professions Code, Section 5412, the City Council is authorized to enter into relocation agreements, including identification of public benefits, with off-premises display owners on whatever terms are agreeable to the display owner and the City.
(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-08-17, § 4, 11-7-2017; Ord. No. O-11-20, § 13, 10-20-2020)
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The City Shall comply with all provisions of the California Business and Professions Code regarding amortization and removal of existing Off-Premises and Outdoor Advertising Displays and billboard Signs.
(Ord. No. O-03-17, § 2, 4-4-2017)
A.
All Signs which do not meet the requirements of this chapter but which have been previously Approved by the City and issued a lawful permit shall be deemed Nonconforming Signs and shall either be removed or brought up to code when a substantial Alteration to the Sign is made. For purposes of this section a "substantial Alteration" Shall be defined as repair or refurbishing of any Sign that alters its physical dimensions, height or replaces any integral component including, but not limited to Alterations to exterior cabinets, bases or poles. Substantial Alteration Shall not include the replacement of individual panels on a can or cabinet Sign when the exterior boundaries of individual cans or cabinets are not replaced or altered. In Addition, substantial Alteration Shall also include any repair or refurbishing of Sign that exceeds fifty percent of the depreciated value, as determined by the City, of the Sign and structure, but excepting customary maintenance. "Customary maintenance" Shall be defined as any activity or work performed for the purpose of actively maintaining the Sign in its existing Approved physical configuration and size dimensions at the specific location approved by the City and includes the following:
1.
Repainting the Sign text, cabinet or other component of the Sign without changing the advertising message; or
2.
Routine replacement of border and trim with substantially the same colors and materials.
B.
A Nonconforming Sign may continue to be used, provided no additions or enlargements are made thereto and no structural alterations are made therein, except as permitted for customary maintenance in subsection A of this section. If said Nonconforming Sign is destroyed or removed, or ceases to be used for the use in existence as of the effective date of the ordinance codified in this chapter, every future Sign shall be in conformance with the provisions of this chapter.
C.
A Nonconforming Sign may be reused upon issuance of a Business Occupancy Permit for a business use which does not require a Conditional Use Permit or other discretionary permit, and no exterior modifications are made to the exterior of building which require a Building Permit. No additions or enlargements may be made to the Nonconforming Sign, except for customary maintenance described in Subsection A of this section, and additions or modifications which bring the Sign into closer conformity with City standards.
D.
It shall be the responsibility of the owner of any premises containing a Nonconforming Sign (including a Sign painted directly upon the surface of a structure) to remove said Nonconforming Sign within ninety days of cessation of business at that location.
E.
The City shall comply with all provisions of the California Business and Professions Code, Section 5490 et seq., regarding enforcement and removal of On-Premises Advertising Displays and Signs and California Business and Professions Code, Section 5400 et seq., regarding enforcement and removal of Off-Premises Advertising Displays and Signs.
(Ord. No. O-03-17, § 2, 4-4-2017)
Notwithstanding Section 18.50.070, the City of Colton may install banners and/or pennants on City-owned utility poles. The City Manager shall establish a written program to regulate the installation of banners and pennants on City-owned utility poles. Banners and pennants shall be installed in compliance with the program established by the City Manager. Noncommercial flags may be installed by the City of Colton without compliance with a banner program.
(Ord. No. O-03-17, § 2, 4-4-2017)