Covina City Zoning Code
CHAPTER 17
74 SIGNS IN COMMERCIAL ZONES
§ 17.74.010 Intent and purpose.
This chapter is intended to provide for a more orderly display of advertising devices on commercially zoned property; to bring those devices in harmony with the building, the neighborhood, and other signs in the area; to protect the general welfare of the businessmen within the same area, as well as the citizens of Covina; and to do so by regulating and controlling the location, design, quality of materials, construction, illumination, and maintenance of signs and sign structures.
(1964 Code Appx. A § 11.50)
§ 17.74.020 Definitions.
In carrying out the intent of this chapter and the property development standards relating to signs in commercial zones, the following words, phrases and terms shall be deemed to have the meaning ascribed to them in this section, and shall be interpreted to have the standards and include the parts, elements and features set forth in this chapter:
A. "Aggregate sign area"
means the total surface space of a sign within a single continuous perimeter containing the words, letters, figures or symbols, together with any frame, material or color forming an integral part of the display. Where the words, letters, figures or symbols are free from any encompassing structure or integral background space, the aggregate sign area will be construed as that percentage of the building face that is permitted for signing purposes.
B. "Animated or rotating signs"
means any sign or device designed to attract attention by visual means through the movement or semblance of movement of the whole or any part of the sign including rotation, special lighting or wind-activated devices.
C. "Banner"
means a sign generally made of flexible material, usually cloth, paper or plastic, temporary in nature.
D. "Billboard"
means a sign usually designed for use with changing advertising copy and which is normally used for the advertisement of goods produced or services rendered at locations other than the premises on which the sign is located.
E. "Building face"
means the vertical and horizontal dimensions at any one side of a building elevation, extending from the base of the building to the roof line and between the main building walks, exclusive of any architectural features, extensions or projections.
F. "Building frontage"
means those building elevations which face upon a dedicated street or public parking area between such building and street.
G. "Bunting"
means flags or strips of cloth or fabric which are suspended from a standard or building to form a decorative sign or attention-getting device.
H. "Contractor's sign"
means a sign stating the names of those individuals or firms directly connected with a construction project at the site on which such work is taking place.
I. "Copy area"
means that portion of the sign area devoted to content or advertising as conveyed by any words, letters, figures or symbols. The total space as measured to the outer extreme of any words, letters, figures or symbols shall be computed as copy area.
J. "Directional sign"
means a sign erected for the purpose of informing the viewer of the approximate route, direction or location of a given goal, not including advertising.
K. "First story height of buildings"
means, for purposes of computing sign area, the first story height of the area from the base of the building to its roof line or to the top of the parapet, if any, for single-story structures up to a maximum of 16 feet for all buildings.
L. "Flashing sign"
means a sign which contains or is illuminated by lights which are intermittently on and off, change in intensity or which create the illusion of flashing in any manner.
M. "Freestanding sign"
means a sign supported or upon the ground not attached to a building. A freestanding sign extending through a building or architectural feature to the building shall be considered a roof sign.
N. "Height of sign"
means the distance of the average surface grade immediately surrounding the base of the sign to the top of its highest element, including any structural element.
O. "Identification sign"
means a sign attached to the building face and displaying only the name of the owner, the occupant or the address.
P. "Illuminated sign"
means a sign in which a source of light is used in order to make the message readable. This definition includes internally and externally lighted signs and reflectorized, glowing or radiating signs.
Q. "Lot or street frontage"
means the linear front footage of a parcel of property abutting a dedicated public street.
R. "Monument sign"
means a lower profile freestanding sign which is located entirely within or adjacent to a landscaped area of a front yard or side yard setback and which utilizes architectural forms, structural support, and materials that complement the style of the appurtenant building(s).
S. "Nonconforming sign"
means any sign existing on the effective date of the ordinance codified herein which does not conform to the provisions of this title.
T. "Occupancy frontage"
means each individual tenant space within a building or group of buildings which faces upon a dedicated street or public parking area between such space and street.
U. "Off-premises sign"
means a sign identifying a business or product at some location other than the property where the sign is displayed.
V. "On-premises sign"
means a sign located on the same property with the business or product being identified or advertised.
W. "Pennant"
means devices or flags generally made of flexible materials, usually cloth, paper or plastic and under one square foot in size which are suspended from lengths of string or rope.
X. "Permanent sign"
means every sign except "temporary signs" as defined in this section.
Y. "Principal building"
means the building which contains, in area, 50 percent or more of the principal use permitted upon the property.
Z. "Projecting sign"
means any sign which is suspended from or supported by a building or wall, and which projects 12 inches or more outward therefrom.
AA. "Promotional sign"
means a sign intended to direct attention to a special event or product, temporary in nature.
BB. "Roof Sign."
All signs projecting above the highest roof line of the building to which the sign is mounted. Roof signs are not permitted in any zone in the city.
CC. "Safety sign"
means a sign which may be necessary to facilitate the safe movement of vehicles served by a public parking area, not including advertisement.
DD. "Shopping center"
means a group of four or more businesses which function as an integral unit on a single parcel and which utilize common off-street parking and access.
EE. "Sign"
means any form of visual communication which is intended to be viewed from public areas. The definition includes all parts, portions, units and materials composing same, together with illumination, frame, background, structure, support and anchorage therefor.
FF. "Street setback"
means the line which defines the depth of the required yard setback, parallel with the existing or future street right-of-way, and removed by the perpendicular distance prescribed for the yard in that particular zone.
GG. "Temporary sign"
means a sign constructed of paper, cloth, canvas or other similar lightweight material, with or without frames, including painted windows. Gold leaf or silver leaf letters and permanent decal transfers shall be considered as permanent signs.
HH. "Window sign"
means a sign of a permanent nature which is placed or hung near a window and designed to be viewed from adjoining public streets or highway rights-of-way, including gold leaf or silver leaf letters and decals affixed to the window.
II. "Mural"
means a picture or representation, in any type of medium, on an exterior surface of a structure that does not contain the name of the business, product, or service on the premises. Murals are only permitted in the TC-C, TC-P, and M-1 zones, and in the Shoppers Lane district of the C-3A zone as outlined in the CMC § 17.74.061.
JJ. "Painted signs"
means any on-premises sign painted or silk-screened onto a building wall. Painted signs are only permitted in the TC-C and TC-P zones, and in the Shoppers Lane district of the C-3A zone as outlined in CMC § 17.74.062.
KK. "Sidewalk sign" and "pennant/flag"
means any sign not permanently attached to, mounted upon, or affixed to a building, structure, or the ground. Such signs may include, but are not limited to, A-frame signs, sandwich board signs, signs on wheels, signs on pedestals and flag signs. Sidewalk signs and pennant/flags are only permitted in the TC-C and TC-P zones and in the Shoppers Lane district of the C-3A zone as outlined in CMC § 17.74.063.
(Ord. 01-1879 § 7, 2001; Ord. 00-1860, 2000; Ord. 1681 § 1(d), 1988; Ord. 1392 §§ 22, 23, 24, 1978; 1964 Code Appx. A § 11.50)
§ 17.74.030 Permit – Required – Application.
It is unlawful for any person to erect, alter, permit or maintain, unless otherwise excepted by this chapter, a sign upon any commercially zoned property without first obtaining a written sign permit from the planning department as required by this chapter. Application for such permit shall be made on a form provided by the planning department and shall set forth and contain the following information and material:
A.
Three copies of a plan showing:
1.
The location and size of any buildings or structures on the property, both existing and proposed;
2.
The location of off-street parking facilities, including major points of entry and exit for motor vehicles where directional signs may be proposed;
3.
The position of the proposed sign and its relation to adjacent buildings and structures;
4.
The design and size, colors proposed and proposed location of the sign or sign structure on the property;
B.
A statement showing the sizes and dimensions of all other signs existing on the property;
C.
A statement showing the relationship of such sign or sign structure to the appearance and design of existing or proposed buildings and structures on the property;
D.
Such other information as the planning department may reasonably require to secure compliance with this chapter and the ordinances of the city.
(1964 Code Appx. A § 11.50)
§ 17.74.040 Permit – Exceptions.
The following signs, if not illuminated, shall be allowed on all commercially zoned property without a sign permit being required:
A.
One identification sign, not exceeding one square foot in area, and displaying only the address of the owner or the occupant;
C.
Governmental flags or emblems or flags of nonprofit organizations;
D.
Religious, charitable, educational, cultural or political posters not exceeding 16 square feet in area, temporary in nature, and conforming to the provisions of Chapter 17.75 CMC;
E.
Governmental or other legally required posters, notices or signs;
F.
Utility or telephone pay station signs;
G.
Temporary real estate signs concerning the sale, rental or lease of the premises; provided, that:
H.
Temporary contractor's signs not exceeding 16 square feet each, or one construction directory sign for all contractors not exceeding 32 square feet per face and eight feet in overall height. Each such sign must be removed upon completion of the work activities by such person or firm;
I.
Sidewalk signs and pennant/flags, which are only allowed in the TC-C and TC-P zones and in the Shoppers Lane district of the C-3A zone, require a sidewalk dining and display permit, but not a sign permit.
(Ord. 01-1879 § 8, 2001; Ord. 00-1860, 2000; Ord. 1681 § 1(c), 1988; Ord. 1392 §§ 25, 26, 1978; Ord. 1278 § 2, 1974; 1964 Code Appx. A § 11.50)
§ 17.74.050 General requirements.
The following regulations shall apply to all signs for which a sign permit or review is required by this chapter:
A.
Each sign shall be subject to review and approval by the planning department prior to its erection. In the case of new developments, a signing program shall be submitted as part of the site plan review procedure;
B.
A coordinated signing program shall be required for properties where several businesses require signing;
C.
The content or advertising which may be displayed on signs shall be limited to the following:
1.
The identification of the building or its owners or the occupants of the premises;
2.
Information concerning the activities conducted on the premises, or the goods and services offered in connection therewith;
3.
Information concerning the sale, rental or lease of the premises;
4.
Information providing safety or directional messages;
D.
The content or advertising to be displayed on signs shall not cover more than 40 percent of the aggregate sign area. Where the background of that sign is the building itself, and the letters, words or figures are free from any encompassing sign structure, the copy area may be extended to 80 percent of the aggregate sign area;
E.
The sign provisions apply only to on-premises signs. Off-premises (nonappurtenant) signs and billboards shall not be permitted;
F.
No sign shall be allowed to obstruct the sight distance of motorists or pedestrians or be designed with flashing lights, moving parts, audible noises or other devices which tend to constitute a hazard;
G.
Signs restricted to the use of blinking or scintillating lights shall be permitted when using frosted lamps no larger than 11 watts and when no individual lamp is set to blink on and off more than 15 times per minute;
H.
Freestanding or unattached signs shall be allowed to rotate provided they do not exceed eight rpm;
I.
No sign shall extend into the present or future right-of-way, except as specifically indicated. Signs may be located within a street setback as defined in CMC § 17.74.020;
K.
All signs, together with all supports, braces, anchors, etc., shall be kept in continual repair, including the replacement of defective parts, repainting, and cleaning, and otherwise in a presentable condition;
L.
All signs or sign structures requiring utilities service shall be served by underground utilities only;
M.
Except for copy changes and normal repair or maintenance, nonconforming signs shall not be allowed to be moved, altered, added to or replaced unless they are made to comply with the provisions of this title;
N.
All lighted signs should have diffused or indirect lighting and have a maximum power of 15 watts per square foot at the sign face;
O.
Tobacco product and alcoholic beverage advertising prohibited on billboards:
1.
Except as herein stated, no person shall, after the effective date of the ordinance adopting this section, place or cause to be placed or permit to remain in place any advertisement for tobacco products or alcoholic beverages on any billboard within any residential zone or within 1,000 feet of the premises of any school, park, recreational facility, youth center, or church.
2.
The distances specified in this subsection shall be measured in a straight line, without regard to intervening structures, from the nearest property line of a use listed above.
3. "Tobacco product"
shall mean any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipes, tobacco, snuff, chewing tobacco, and dipping tobacco. (For purposes of this subsection, this definition supersedes all other "tobacco product" definitions under this title.)
4. "Alcoholic beverage"
means any beverage in liquid form that contains not less than one-half of one percent of alcohol by volume and is intended for human consumption. (For purposes of this subsection, this definition supersedes all other "alcoholic beverage" definitions under this title.)
5. "Billboard"
shall refer to nonappurtenant advertising structures defined under CMC § 17.14.020(D).
6. "School"
shall include any public or private elementary or secondary school, attendance at which satisfies the compulsory education laws of the state of California, any private educational facility offering instruction or other activities to persons 17 years of age or younger, and any day care center with 15 or more children or juveniles, whether such use is within or outside the incorporated area of the city.
7. "Park"
shall mean any park, playground, ball field, or grounds under the control, direction or management of a public entity, whether such use is within or outside the incorporated area of the city.
8. "Recreational facility"
shall mean any recreational center or facility under the control, direction or management of a public entity, whether such use is within or outside the incorporated area of the city.
9. "Youth center"
shall mean any designated indoor public, private or parochial facility, other than a private residence or a multiple-dwelling unit, that contains programs that provide, on a regular basis, activities or services for persons who have not yet reached the age of 18 years, including but not limited to community-based programs, after school programs, weekend programs, violence prevention programs, leadership development programs, vocational programs, substance abuse prevention programs, individual or group counseling, case management, remedial, tutorial or other educational assistance or enrichment, music, art, dance and other recreational or cultural activities, physical fitness activities and sports programs, whether such use is within or outside the incorporated area of the city.
10. "Church"
shall mean a development or facility maintained and used exclusively for religious worship, including customary incidental education and social activities in conjunction therewith, whether such use is within or outside the incorporated area of the city.
11.
This subsection may only be applied to or interpreted to have an effect on any contract executed after the effective date of the ordinance adopting this subsection. Absent proof of the existence of any contract, agreement, lease or the like, entered into before the effective date of this section, and the terms and conditions thereof, any advertisement in violation of any part of this subsection shall be removed within six months of the effective date of this section.
12.
This subsection shall be administered and enforced by the department of community development/planning division. The department/division shall create and update a detailed map of the city, showing the location and boundaries of all schools, parks, recreational centers, youth centers, and churches, and the corresponding 1,000-foot radii within which tobacco product and alcoholic beverage advertising is prohibited. The department/division shall also develop guidelines, as appropriate, to ensure proper implementation and enforcement of this subsection. Nothing contained in this subsection shall be interpreted or enforced in such a manner as to constitute a compensable limitation on the use of any advertising display pursuant to Business and Profession Code Section 5412. The department/division may enter into agreements with appropriate city departments to enforce this subsection.
(Ord. 98-1836 § 1, 1999; Ord. 1681 § 1(e), 1988; Ord. 1392 §§ 26, 27, 28, 1978; Ord. 1169 § 5, 1972; 1964 Code Appx. A § 11.50)
§ 17.74.055 Temporary signs and attention-getting devices – Generally.
Temporary signs and advertising devices shall be permitted in all commercial and industrial zones subject to the following regulations:
B.
The following types of temporary promotional devices shall be permitted:
1.
Banners which are mounted flush against a building wall or suspended over a landscaped area;
2.
Flags and streamers (attached to a standard or building);
3.
Professional-quality window painting;
4.
Window posters;
5.
Nonmetallic balloons, not exceeding three and one-half cubic feet in volume;
6.
Such other devices as the planning commission deems to be similar and not more obnoxious or detrimental to the public welfare.
C.
Quantity and Size. Temporary signs and banners shall comply with the following limits:
1.
The total area of all banners, flags and streamers utilized shall not exceed 50 square feet, with the exception that businesses where the principle building frontage is wider than 100 feet shall be permitted to have a total area of 100 square feet of temporary signage.
2.
No more than three banners per building shall be permitted.
3.
Window painting and posters shall not exceed 50 percent of the window area on the building face on which the painting or poster is located. Window painting and posters may be used in combination with banners, flags, and streamers and do not count against the 50- or 100-square-foot limit previously stated.
4.
No more than two balloons per lineal foot of building frontage.
5.
One large balloon or inflatable figure shall be allowed for events with an administrative conditional use permit. The balloon shall not exceed the building height limit of the zone or 50 feet, whichever is least restrictive, nor shall the balloon be displayed for more than 30 total days per calendar year.
D.
The following types of temporary attention-getting devices are expressly prohibited:
1.
Hot air or helium balloons larger than three and one-half cubic feet in volume;
2.
Pennants of any size (whether attached to a building or suspended from lengths of rope);
3.
Flags and/or streamers suspended from lengths of rope;
4.
Portable signs, including but not limited to A-frame signs and trailers;
5.
Roof signs;
6.
Fence signs;
7.
Windblown devices (except building-attached flags and streamers);
8.
Signs in the public right-of-way;
9.
Light- or sound-emitting devices.
E.
Conditions of Use. Temporary attention-getting devices permitted by this section shall comply with the following conditions of use:
1.
All such devices shall be maintained in good repair.
2.
No device shall be designed, installed or situated so as to constitute a potential hazard to the pedestrian or vehicular traffic.
3.
All temporary attention-getting devices shall be of professional-quality printing, painting or manufacture and shall comply with all applicable ordinances, policies and design guidelines.
4.
A sign permit shall be obtained from the chief planning official prior to the installation of any temporary attention-getting device. When the application for a sign permit is filed, a uniform fee, as set from time to time by resolution of the city council, shall be paid for defraying the cost incidental to the proceedings. The chief planning official may impose reasonable conditions as a condition of permit issuance.
5.
No permit shall be issued for any business or site to utilize temporary attention-getting devices for a period in excess of 90 total days in any calendar year.
(Ord. 01-1879 § 9, 2001; Ord. 95-1793 §§ 1, 2, 1995; Ord. 1681 § 1(F), 1988)
§ 17.74.056 Temporary signs and advertising devices – Outdoor uses.
A.
Businesses which meet with the following criteria shall have the option, at their discretion, of complying with the standards of this section in lieu of those listed in CMC § 17.74.055:
B.
The following types of temporary signs and attention-getting devices shall be permitted by this section:
1.
Building/wall-mounted banners, flags and/or streamers not to exceed 100 square feet per banner or two and one-half square feet per lineal foot of building or wall front, whichever is less (banners may be ground-mounted);
2.
Window painting or posters not to exceed 50 percent of the window area on the building face on which the painting or poster is located;
3.
Bunting, flags, streamers and/or banners attached to light standards, not to exceed a total of 50 square feet per light standard;
4.
Pennants/small flags suspended from horizontal ropes;
5.
Helium balloons not exceeding three and one-half cubic feet in volume per any one balloon which are tied to any vehicle(s) and approved by the chief planning official;
6.
Large balloons and inflatable figures shall be allowed not to exceed the height limits of the zone or displayed over 60 days total per year.
C.
The following types of attention-getting devices are expressly prohibited:
D.
Conditions of Use. Temporary attention-getting devices and signs permitted by this section shall comply with the following conditions of use:
1.
All temporary attention-getting devices shall be maintained in sound and attractive condition with no visible deterioration. Such devices shall be replaced or removed at intervals not exceeding six months.
2.
All devices and advertising permitted by this section shall be of professional-quality design, construction and workmanship.
3.
No device shall be constructed, located or situated so as to constitute a potential hazard to the public.
4.
All temporary signs and attention-getting devices shall be located on a building or wall structure or within the city-approved display area.
5.
An annual permit shall be obtained from the chief planning official prior to the installation of any device or temporary sign permitted by this section. When the application for the permit is filed, a uniform fee, as set from time to time by resolution of the city council, shall be paid for defraying the costs incidental to the proceedings. The chief planning official may impose reasonable conditions as a condition of permit issuance.
(Ord. 01-1879 § 10, 2001; Ord. 95-1793 § 3, 1995; Ord. 1681 § 1(g), 1988)
§ 17.74.057 Enforcement of temporary sign regulations.
(Ord. 1681 § 1(h), 1988)
§ 17.74.060 Requirements – Service stations.
Signs for service stations in any zone shall comply with all pertinent provisions of this chapter and, in addition, shall comply with the following requirements:
A.
Freestanding or monument signs shall be permitted as follows:
1.
No more than two monument signs. Monument signs are defined as fixed freestanding signs not exceeding a height of 10 feet, located entirely within a planting area and having a massive support element projecting from the planting area. Such sign or signs shall be limited to a maximum square footage per sign of 26 square feet per side; or
2.
No more than two freestanding signs. A freestanding sign is defined as a fixed sign which is supported by one or more columns, uprights or braces in or upon the ground. Such freestanding signs shall have a minimum clearance aboveground level of eight feet, a maximum clearance of 10 feet and a maximum height of 18 feet. Such sign shall not exceed 26 square feet per face and shall be limited to three faces. The commission may authorize the use of the square footage of two signs in one sign if such action results in a sign compatible to the existing structure. All structural support shall be treated in such a manner as to be aesthetically compatible with the buildings and improvements. Such signs shall be located within or over a planting area; or
3.
One monument sign and one freestanding sign;
B.
Each service station may have the following miscellaneous signs: price signs, wall signs, credit card signs, stamp signs, logo signs and signs denoting service and sales. Such signs, except temporary signs, and their support shall be architecturally compatible with the structure. All signs except price signs and temporary signs shall be parallel with the face of the building or an integral part of the design of the canopy or supporting members of the canopy. The total combined area of all such miscellaneous signs shall not exceed 100 square feet, except that signs required by law, directional signs and two logos placed upon each pump shall not be included in the calculation of the total square footage of miscellaneous signs. No individual miscellaneous sign shall exceed 20 square feet per face. Temporary signs may be permitted subject to the provisions of this chapter;
C.
No advertising materials shall be displayed in windows or any building other than those advertising service or merchandise incidental to the operation of the automobile service station.
(Ord. 1169 § 4, 1972; 1964 Code Appx. A § 11.50)
§ 17.74.061 Requirements – Mural.
A.
See CMC § 17.74.020(II) et al.
B.
No more than 15 percent of the mural may contain the name of the artist, sponsor, and/or product likeness.
C.
If a mural is on the side of a building that would not normally qualify as an eligible wall for a sign under the design guidelines, the approval of a mural makes that side of the building eligible under the design guidelines. This does not increase the maximum signage allowed, and a new sign permit is still required.
D.
Murals cannot be mere extensions or enlargements of a sign.
E.
Murals become the property of the property owner, and mural maintenance is the responsibility of the property owner.
F.
Written permission from the property owner along with an acknowledgment of the property owner's responsibility to remove the mural if it is not maintained is required.
G.
Murals must be maintained or the city has the right to require removal with 90 calendar days' written notice to the artist (if available) and the property owner. If the mural is not repaired or removed within the 90-calendar-day period, the city can abate the mural at the property owner's expense.
H.
Murals shall be subject to review for approval by an ad hoc mural committee made up of the city manager or his or her designee, a representative from the redevelopment agency, a representative from the planning commission, a representative from the cultural arts committee, and the mayor or his or her representative. There would be a 10-day appeal period after the committee has approved or disapproved a mural during which time anyone can appeal the decision to the city council.
In considering murals for approval, the ad hoc committee must consider the significance of the project's location, the artist's ability, the ability of the artist to complete the project in a timely manner (typically within a two-month period of time), and the ability and willingness of the property owner to maintain the mural. In the TC-C and TC-P zones and the Shoppers Lane district of the C-3A zone a special emphasis on the history and heritage of Covina is encouraged, but not specifically required.
A sign permit must be completed for a mural to be forwarded to the ad hoc mural committee. The sign permit fee for public art commissioned by nonprofit organizations, service clubs, and/or governmental agencies, the city council, and their commissions or committees is waived.
(Ord. 01-1879 § 11, 2001; Ord. 00-1860, 2000)
§ 17.74.062 Requirements – Painted sign.
A.
See CMC § 17.74.020(JJ) et al.
B.
Painted signs shall be limited to the name of the business, the type of business, and/or the principle product of the business, together with a logo or decoration(s) compatible with the architectural style and colors of the building.
C.
Painted signs may be provided with exterior illumination provided the illumination satisfies all applicable city codes, including the electrical code.
D.
Any painted signs shall be in lieu of conventional cabinet or channel letter signs (or principal wall signs).
E.
Painted signs shall be professionally painted or applied.
F.
Permanent painted window signs shall not exceed 25 percent of the window surface area.
G.
A sign permit is required.
H.
Written permission from the property owner along with an acknowledgment of the property owner's responsibility to remove the sign if it is not maintained is required.
I.
All applicable standards pertaining to wall signs shall apply.
J.
Painted signs must be maintained or the city has the right to require removal with two-week written notice. If the sign is not repaired or removed within the two-week period, the city can abate the painted sign at the property owner's expense.
(Ord. 01-1879 § 12, 2001; Ord. 00-1860, 2000)
§ 17.74.063 Requirements – Sidewalk sign.
A.
See CMC § 17.74.020(KK) et al.
B.
Sidewalk signs and pennant/flags may be located upon the premises or public sidewalk along a street or alley adjacent to the business provided they do not obstruct any required walkway or entry, crosswalks, public seating areas, or impede the view of vehicular traffic.
C.
Sidewalk signs and pennant/flags shall be subject to the provisions of the sidewalk dining and display application process, including the appropriate liability insurance and engineering-related encroachment permit requirements.
D.
Only one sidewalk sign or pennant/flag may be approved per ground floor business. Only one sidewalk sign may be approved per building for businesses above or below the ground floor.
E.
Sidewalk signs and pennant/flags shall be removed at the close of each business day.
F.
Sidewalk signs shall not exceed six square feet in total area per side, shall not exceed five feet in height or be less than three feet in height, and shall include a minimum of 50 percent permanent copy. The remaining 50 percent may contain changeable copy provided visual quality is maintained. Pennant flags shall not exceed 15 square feet in area per side, shall be placed on poles no higher than nine feet (measured to top of pennant/flag), and shall meet all applicable safety and accessibility-related location requirements. Pennant/flag copy shall be comprised of business/institution (name) identification only (no product advertisements), though no copy area minimum or maximum standards shall apply. The design, style, and color of pennant/flag signage shall further (1) conform to a coordinated signing program for the appurtenant TC-C or TC-P zone areas (downtown district) or Shoppers Lane area and (2) complement surrounding buildings. Under CMC § 17.74.050(B) and subsection VIII(F) of the design guidelines, said coordinated signing programs shall be developed by representatives of downtown area and Shoppers Lane area businesses and property owners and shall be approved by city staff.
G.
Sidewalk signs and pennant/flags may not have attachments to them, such as banners, balloons, lights, streamers, or other attention-getting devices.
H.
The use of chalk boards, white boards, or similar written-on devices are not acceptable except for restaurant, coffee/tea shop, and bakery menus.
I.
The use of paper or cardboard signs is prohibited. Pennant/flags composed of plastic materials are further prohibited.
J.
Originality is encouraged and professional quality is required for all signage.
K.
All signage shall be maintained in good repair and in sound and attractive condition, with no visible deterioration.
(Ord. 01-1879 § 13, 2001; Ord. 00-1860, 2000)
§ 17.74.070 Review criteria.
All signs which are regulated by this chapter shall be reviewed by the planning department. In approving, denying or approving with conditions a particular sign permit, the planning staff shall be subject to the following review criteria:
A.
That the sign is necessary for the applicant's enjoyment of substantial trade and property rights;
B.
That the sign is consistent with the intent and purpose of this chapter and this title;
C.
That the sign does not constitute a detriment to public health, safety and welfare;
D.
That the size, shape, color and placement of the sign is compatible with and bears a harmonious relationship to the building it identifies;
E.
That the size, shape, color and placement of the sign is compatible with and bears a harmonious relationship to the neighborhood and other signs in the area;
F.
That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing and proportions) are legible under normal viewing conditions prevailing where the sign is to be installed;
G.
That the location and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs;
H.
That the location and design of the proposed sign, its size, shape, illumination and color, are compatible with the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value of the adjacent developed properties;
I.
That the location and design of a proposed sign in close proximity to any residential district does not adversely affect the value or character of the adjacent residential district. When in the public interest, and agreed to by the sign applicant, the planning director may consider and render decisions on modifications of up to 10 percent of the provisions of this title pertaining to the size, height and copy area coverage of signs. In rendering such decisions, the planning director shall be subject to the same review criteria as set forth above and the criteria set for variances in this title.
(Ord. 1169 § 3, 1972; 1964 Code Appx. A § 11.50)
§ 17.74.080 Nonconforming signs.
A.
Except for copy changes and normal repair or maintenance, no sign in existence upon the adoption of the ordinance codified herein shall be modified, altered, moved or replaced, unless it is made to comply with the provisions of this title.
B.
Nonconforming signs made of paper, cloth, canvas or other similar nondurable material, including painted wall signs or freestanding signs that are not affixed to a building or the ground, shall be removed within six months from the effective date of the ordinance codified herein.
C.
Every lawfully established nonconforming sign of a permanent nature shall be removed or altered to comply with the provisions of this title on or before July 1, 1979.
D.
Whenever a business use within any commercial zone is discontinued or sold, the sign owner, his agent or the property owner shall remove all temporary nonconforming signs from the premises and shall remove all permanent nonconforming signs from the premises.
(Ord. 1428 §§ 1, 2, 3, 1979; Ord. 1392 § 29, 1978; Ord. 1169 § 3, 1972; 1964 Code Appx. A § 11.50)
§ 17.74.090 Violations.
A.
Any sign which has been constructed or erected or is being maintained in violation of any of the provisions of this chapter or the provisions of this code regulating signs shall be removed by the owner, agent or person having the beneficial use of the property on which the sign is displayed within 10 days after receiving notice to do so by the planning department.
B.
The cost of removing any sign and any expense incidental to such action shall be paid by the sign owner, his agent or the manufacturer.
C.
Any person, firm or corporation who constructs, erects, alters, maintains or causes to be erected, altered or maintained any sign which is in violation of this chapter or the provisions of this code regulating signs is guilty of a misdemeanor and, upon conviction thereof, is punishable as provided in CMC § 1.16.010. Each such person, firm or corporation is guilty of a separate offense for every day that the violation of this title is continued or permitted.
D.
Any sign erected on or extending over public property in violation of the provisions of this chapter or the provisions of this code regulating signs, and any sign which is in violation of this title, is a public nuisance subject to abatement by the city in a civil action. The remedy provided herein is cumulative with any other remedy, civil or criminal, which the city may have.
(Ord. 1169 § 3, 1972; 1964 Code Appx. A § 11.50)