Los Banos City Zoning Code
ARTICLE 28
SIGNS
§ 9-3.2801 Title.
This article shall be known as the "Sign Ordinance of the City of Los Banos."
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 1, Ord. 937, eff. February 6, 1998)
§ 9-3.2802 Purpose.
The purpose of the sign regulations is to provide minimum standards for signage (not to include murals) to safeguard life, health, property, and the public welfare in keeping with the character of the City by regulating and controlling the size, height, structural design, quality of materials, construction, location, electrification, and maintenance of all signs and sign structures and to accomplish the following results:
(a)
To protect and enhance the character of residential neighborhoods and property values by prohibiting obtrusive and incompatible signs; and
(b)
To promote and maintain healthy commercial centers and property values, to effectively communicate the nature of goods and services, and to avoid wasteful, ugly, and unsightly competition in signs; and
(c)
To provide a reasonable and comprehensive system of control of signs; and
(d)
To encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship, spacing, and location; and
(e)
To encourage a desirable urban character which has a minimum of overhead clutter; and
(f)
To attract and direct persons to various activities and enterprises in order to provide for the maximum public convenience; and
(g)
To enhance the economic value of the community, and each area of it, through the regulation of the size, location, design, and illumination of signs.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 221, Ord. 1095, eff. November 20, 2010)
§ 9-3.2803 Conforming signs.
Every sign in existence on December 4, 1987, which conforms to the provisions of this article, shall be a legal conforming sign.
(§ II, Ord. 771, eff. December 4, 1987)
§ 9-3.2804 Standard provisions for permitted signs.
(a)
Approval Required. No sign shall be constructed, maintained, displayed, or altered within the City except pursuant to a sign review permit obtained as provided in this article, unless the sign is specifically exempted from permit requirements. Signs may be erected and maintained in the districts where such structures are permitted after having secured approval of the location, size, and design of such structure, subject to the regulations set forth in this article.
(b)
Design, Construction and Maintenance. All signs shall be designed, constructed, and maintained in accordance with the following standards:
(1)
All signs shall comply with the requirements of the Public Utilities Commission of the State, the Uniform Sign Code as adopted by the City, the regulations of the Building Department of the City and all other relevant Federal, State, and local laws and regulations.
(2)
Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this article, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure.
(3)
All signs shall be maintained in good structural condition in compliance with all building and electrical codes, and in conformance with this Code, at all times.
(4)
All signs shall be designed in a neat and orderly manner, and all signs, including supporting structures, shall be kept in a presentable condition at all times. All painted signs and all supporting structures of signs shall be repaired to keep them in good condition whenever such action is requested in writing by the Building Official or Planning Director.
(c)
Lighting. Lighting for illuminated signs shall be so arranged that it does not create a hazardous glare for pedestrians or vehicles either in a public street or on any private premises. No artificial light of whatever type or nature used in conjunction with, or for the purpose of lighting, any sign shall be so located or constructed, nor any substance or material capable of reflecting light on or into any adjoining or nearby lot, structure, or public right-of-way. Where spotlights or floodlights are used to illuminate a sign, the reflector shall be provided with proper shields or glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.
(d)
Measurement of Sign Areas. The measurement of sign display areas shall be as follows:
(1)
Freestanding, ground-mounted, and monument signs shall be measured by taking the entire framed area and background, including the framing surface.
(2)
Wall-mounted, roof-mounted, marquee, canopy, and under-canopy signs, if framed either with material or paint outlining the sign, shall be measured by taking the entire framed or outlined area; if consisting of individual letters or symbols, shall be measured by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.
(3)
The area of all faces of multiple face signs shall be added together to determine the total sign area. However, double-faced signs may be erected having the allowed sign area on each side of the sign, provided the maximum dimension between the two faces shall not exceed twenty-four (24″) inches in width, shall be counted together to determine the total sign area.
(e)
Location.
(1)
Freestanding, Ground-Mounted, and Monument Signs—Permanent Signage. Freestanding, ground-mounted, and monument signs shall not be less than one foot behind a property line or designated right-of-way for vehicular and pedestrian traffic, but in no case shall such signs be located closer than five (5′) feet behind a sidewalk location and five (5′) feet from any vehicular entrance or driveway, and such signs shall not interfere with the safety of vehicular traffic entering or exiting the premises or with vehicular street traffic or pedestrians.
(2)
Wall-Mounted, Canopy, Under-Canopy, Projecting, and Marquee Signs. Wall-mounted, canopy, under-canopy, projecting, and marquee signs shall be located on or over private property, except in those districts where certain signs are allowed over public sidewalks. A minimum of eight (8′) feet clearance shall be maintained.
(3)
All Signs. Signs shall be located so as not to interfere with the safety or movement of vehicular or pedestrian traffic.
(f)
Master Signage Plan. Required for property that has more than one tenant. No permit shall be issued for an individual sign requiring a permit unless and until a master signage plan for the zone lot on which the sign will be erected has been submitted to the Planning Director and approved by the Planning Director as conforming with this section.
(1)
Master Signage Plan. For any zone lot on which the owner proposes to erect one or more signs requiring a permit, the owner shall submit to the Director a master signage plan containing the following:
(A)
An accurate site plan of the zone lot, at such scale as the Director may reasonably require;
(B)
Location of building, parking lots, driveways, and landscaped areas on such zone lots;
(C)
Computation of the maximum total sign area, the maximum area for individual signs, the height of signs, and the number of freestanding signs allowed on the zone lot(s) included in the plan under this article; and
(D)
An accurate indication on the site plan of the proposed location of each present and future sign of any type, whether requiring a permit or not, except that incidental signs need not be shown.
(2)
Consent. The master signage plan shall be signed by all owners or their authorized agents in such form as the Director shall require.
(3)
Procedures. A master signage plan shall be included in any development plan, site plan, planned unit development plan, or other official plan required by the City for the proposed development shall be processed simultaneously with such other plan.
(4)
Amendment. A master signage plan may be as amended by filing a new master signage plan that conforms with all requirements of the ordinance then in effect.
(5)
Binding Effect. After approval of a master signage plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan and such plan may be enforced in the same way as any provision of this article. In case of any conflict between the provisions of such a plan and other provision of this article, the article shall control.
(§ II, Ord. 771, eff. December 4, 1987, as amended by §§ 2, 3, 4, Ord. 937, eff. February 6, 1998, and § 222, Ord. 1095, eff. November 20, 2010)
§ 9-3.2805 Exempt signs.
The following signs shall be exempt from the sign review permit requirements of this article but shall be limited by Section 9-3.2806 and other requirements of this article:
(a)
Addresses. Street numbers and/or names not exceeding two square feet per sign for single-family or duplex structures and four square feet per sign for all other uses. One sign per street frontage shall be allowed. The provisions of this subsection shall include signs which identify the location of the office of the manager of property;
(b)
Bulletin Boards. Bulletin boards not over 24 square feet in area for public, charitable, or religious institutions where the bulletin boards are located on the premises of such institutions;
(c)
Commemorative Plaques. Memorial signs and tablets approved under site plan review. Building names and/or erection dates when cut into a permanent surface or constructed on noncombustible materials, or religious symbols and similar emblems when submitted with the design of the building and approved pursuant to the provisions of this chapter;
(d)
Community Activity Signs (Temporary). Signs associated with religious, charitable, cultural, civic, or educational organizations which signs do not exceed 32 square feet in size. Such signs shall be temporary and non-illuminated, and shall not create a site visibility hazard; if on public property, approval is required from the appropriate agency;
(e)
Construction Announcement Signs. Signs placed on real property on which construction is to take place which signs contain information regarding the individuals and firms directly connected with the construction project, including the name of the contractor, the subcontractors, the real estate licensee, and future tenants. Signs for sites less than two acres shall be limited to a maximum size of 32 square feet. Signs for sites of (2) acres or greater shall not exceed 96 square feet. Such signs shall not be displayed more than six months prior to the construction of the project. Time extensions may be granted by the Planning Director. Construction announcement signs shall be removed within 30 days after the issuance of the certificate of occupancy for a majority of the development;
(f)
Credit Cards Accepted: Trading Stamps Given: Association Membership. Signs displaying credit cards accepted, trading stamps given, or association membership when not exceeding one-half square foot per window sign and one and one-half square feet per hanging sign and a total of four in number;
(g)
Directional Signs. Signs bearing no advertising message and located on the site may be erected when necessary to facilitate circulation within the site and facilitate egress and ingress. Such signs shall not be counted against the site's allowed sign area. The size, number, and placement of informational signs may be limited by the Planning Director;
(h)
Informational Signs for the Safety and Convenience of the Public. Signs such as "rest rooms," "telephone," "danger," "impaired clearance," "no smoking," and other signs of a similar nature ("parking in rear," "drive-in window," parking, and facility signs) may be allowed up to five square feet in area pursuant to this subsection;
(i)
Interior Signs. Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, and which are not visible from any public right-of-way, shall not be subject to the size and location criteria of this article. However, permits shall be required for signs which require electrical connections or engineered supports;
(j)
Nonprofit, Cultural, and Promotion Posters. Temporary display posters in connection with nonprofit civic and cultural events and with noncommercial health, welfare, and safety campaigns (such as Red Cross, United Crusade, TB Seals, Heart Fund, performing arts, and the like). Such posters shall be removed within 14 days after the termination of the event;
(k)
Official Signs. Official signs posted pursuant to and in the discharge of any governmental function by public officials in the performance of their duties (including traffic and street name signs, as well as notices, emblems, or other forms of identification and signs required by law);
(l)
Political Signs. Signs associated with a candidate for elected office, political party, ballot measure, or which make a political statement, not exceeding 32 square feet in area per candidate or issue per site, subject to the following:
(1)
Any such sign shall be erected not earlier than the closing date of the filing candidacy and shall be removed within 14 days after such election. However, those candidates who continue as such after the primary election may continue to display their signs until 14 days after the next general election,
(2)
No political or campaign sign shall be attached to trees, fence posts, or utility poles, except on private property where signs may be attached to trees and fence posts with the permission of the property owner,
(3)
No political or campaign sign shall be attached and erected on public property or within the public right-of-way,
(4)
Political or campaign signs placed upon private property shall not be erected in a manner which, in whole or in part, would create a hazardous condition to pedestrian or traffic alike, either by obstructing the free use of exits, buildings, or sites, or by creating visual distractions, whether by color, glare, or representing a traffic control device,
(5)
In cases where political or campaign signs are not removed within the specific time period, the City shall cause to be removed those signs which remain, and the cost and expense of such activity shall be paid by the candidate;
(m)
Public Signs. Traffic and other municipal signs, legal notices, railroad crossing signs, public utility signs, and civic, community, or non-advertising signs as may be approved by the Council;
(n)
Real Estate Signs. Real estate signs, subject to the following:
(1)
For sale or lease on-site or structure signs not exceeding six square feet for single-family or duplex, 16 square feet for multiple-family, business, and industrial sites of two acres or less in area, 32 square feet for multiple-family, business, and industrial sites of two acres or larger, and one in number per street frontage. Real estate signs shall be limited to a continuous display of one year,
(2)
Open house, on-site or structure signs not exceeding six square feet in area per sign and one in number per site or structure during the time of an open house, and
(3)
Open house, off-site ground-mounted signs not exceeding six square feet per sign and one in number in the neighborhood of sales during the time of an open house; not to be located in any center median of a public road or in a sidewalk right-of-way; and directional arrows with addresses, not exceeding two in number in the neighborhood of sales;
(o)
Replacing Sign Copy. The removing and replacing of only sign copy without increasing or decreasing the area in conforming signs. The sign container, including the structural and electrical connections, shall remain unchanged. Any change to the sign container shall be reviewed and approved;
(p)
Residential Nameplates. Residential nameplates not exceeding two square feet in area and one in number and displaying only the name of the premises upon which it is displayed; the name of the owner or lessee of such premises; and the address of such premises;
(q)
Seasonal Decorations. Holiday greetings, decorations, and displays, such as those which relate to Christmas, Thanksgiving, the Fourth the July, and the like, excluding advertising signs disguised as seasonal decorations;
(r)
Seasonal garden flags, no larger than six square feet and no more than three (3′) feet in height (from original ground elevation to top of framing) may be placed within the planter areas in the central downtown;
(s)
Signs Required by Law. Signs displayed by private individuals when required by law or the regulations of any governmental agency or law;
(t)
Window Signs. Temporary window signs (non-internally illuminated) announcing special sales, a change in management, individual product and/or price signs, or similar information and designed to be viewed from adjacent streets, sidewalks, public rights-of-way, or parking lots within a business center. However, no more than two-thirds of the window space is to be covered with window signs. This subsection is not intended to allow additional permanent signs;
(u)
Neon window or wall sign for the purpose of letting customers know a business is open, an ATM is available or to provide any other service;
(v)
Signs which are Portable, "A" Frame and "I" Frame Signs and Reader Board Signs. These signs may be located within the public right-of-way (sidewalk) if placed directly in front of the business displaying the sign and there is a minimum of four (4′) feet of clearance on the sidewalk and no blockage of doorways or fire escape exits. In no case may the sign be displayed when a business is closed. "A" frame and "I" frame signs are not to exceed thirty-six (36″) inches by twenty-four (24″) inches in all Zoning Districts and are required to be professionally designed and constructed of durable materials.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 223, Ord. 1095, eff. November 20, 2010, and § 1, Ord. 1158, eff. December 1, 2017)
§ 9-3.2806 Prohibited signs.
In addition to any sign not specifically in accordance with this article, the following signs shall be prohibited:
(a)
Signs having one or a combination of the following characteristics:
(1)
Obscene or Offensive to Morals. Containing statements, words, or pictures of an obscene, indecent, or immoral character which, taken as a whole, appeal to the prurient interest in sex, and which signs are patently offensive and, when taken as a whole, do not have serious literary, artistic, political, or scientific value,
(2)
Imitative of Official Signs. Signs (other than when used for traffic direction) which contain or are an imitation of an official traffic sign or signal, or contain the words stop, go, slow, caution, danger, warning, or similar words, or signs which imitate or may be construed as other public notices, such as zoning violations, building permits, business licenses, and the like,
(3)
Fluorescent Colors. Permanent signs containing fluorescent colors as all or part of their copy,
(4)
Privilege Signs. Signs containing the manufacturer's name and/or emblem which exceeds one-fourth of the face of the sign,
(5)
Natural Despoliation. Signs which are cut, burnt, limed, painted, or otherwise marked on a field, tree, rock, or other natural item, and
(6)
Portable Changeable Copy Signs. Signs designed to have changeable copy as a part or all of their copy and which are portable and not an integral part of a permanent sign;
(b)
Signs where there is any production of smoke, sound, or other substances;
(c)
Obstructive to Use or Visibility or in Hazardous Locations. No sign shall be erected in any manner which sign, in whole or in part, would create a hazardous condition to pedestrian or traffic alike, either by obstructing the free use of exits, buildings, or sites, or by creating visual distractions, whether by color, sound, glare, or representing a traffic control device. This is in addition to other provisions of this Code;
(d)
Signs in one or more of the following locations:
(1)
Roof Signs. Roof signs located above the roof ridge line,
(2)
Signs on vehicles:
(A)
No vehicle may be used as a platform or substitute for a billboard, freestanding sign, or movable sign, whether parked on private property or the public right-of-way. This subsection is specifically intended to include the use of vehicles as freestanding or off-premises signs,
(B)
No vehicle, trailer, camper, boat, or other mobile equipment displaying any sign, advertisement or device for the purpose of advertising that said vehicle, trailer, camper, boat, or other mobile equipment is for sale shall be parked on any private property, except duly licensed sales lots. Exception: the display of one vehicle, trailer, camper, boat, or other mobile equipment for sale on private property of the owner of such vehicle, trailer, camper, boat, or other mobile equipment which property is residentially-zoned and improved with a dwelling, shall be permitted provided any advertising sign is not more than ten (10″) inches by twelve (12″) inches in size, is placed on or within such vehicle, trailer, camper, boat, or other mobile equipment and such display complies with all other sections of this Code,
(3)
Bus Bench Signs. Signs located on benches or on other similar structures provided for the use of passengers along the route of a bus shall be prohibited,
(4)
In Storage. Signs may not be located on premises so as to be visible from beyond the property line after removal, prior to erection, or while in storage, and
(5)
Miscellaneous Temporary Signs and Posters. The tacking, posting, or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of buildings, barns, and sheds, or on trees, poles, posts, fences, or other structures shall be prohibited, unless specifically permitted by this article;
(e)
Strings of lights not permanently mounted to a rigid background except those exempt by Section 9-3.2805(q); and
(f)
Banana flags/banners, feather flags/banners, teardrop flags/banners are prohibited.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 2, Ord. 934, eff. October 17, 1997, § 5, Ord. 937, eff. February 6, 1998, § 1, Ord. 1089, eff. February 20, 2010, § 224, Ord. 1095, eff. November 20, 2010, and § 2, Ord. 1158, eff. December 1, 2017)
§ 9-3.2807 Abandoned or dilapidated signs, frames, structural members, and supporting poles.
Signs advertising an activity, business, product, or service no longer conducted on the premises on which the sign is located, or sign frames, structural members, or supporting poles remaining unused for six months or longer, shall be removed from the site. Signs will be considered abandoned or dilapidated where the sign or element of the sign is excessively weathered or structurally unsound, or where the copy can no longer be seen or understood by a person with normal eyesight under normal viewing conditions.
The owner of a sign, the purpose of which has been abandoned, who desires to make subsequent use of the structural portions of such sign in its present location, may, within six months after the abandonment, make an application to the Planning Director for an extension of time. Where the sign conforms with all other requirements of the law, and where the owner submits reasonable evidence that he or she is endeavoring to secure a use for the sign (a new tenant for the structure or the arrival of a new product line for the existing tenant), the Planning Director may grant extensions of time. The Planning Director may require the owner, as a condition of the granting of such extension, to paint out, obscure, or remove some or all elements of the message or face portion of the sign in such a manner as to leave the remaining structure neat and unobtrusive in appearance and in harmony with the structure to which it is attached, and shall require that such work be done within 30 days after the granting of such extension, or the extension shall be invalidated by such failure. Signs which are determined by the City to be structurally unsound and dangerous or hazardous to the public safety or welfare shall be removed immediately upon notification by the City.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 225, Ord. 1095, eff. November 20, 2010)
§ 9-3.2808 Residential Districts (R-1), (R-2), (R-3), and (P-D).
Permitted signage for the residential districts shall be as follows:
(a)
Type.
(1)
Single-Family Residences. Sign (one) shall be a wall sign.
(2)
Multiple-Family Residences. Signs may be wall, freestanding, or monument.
(3)
Planned Unit Developments. Signs shall be approved in conjunction with the P-D District Plan, or amendment thereto, through a use permit.
(4)
Churches, Civic and Community Buildings, Parks, and Schools. Signs may be wall, freestanding, monument, canopy, or under-canopy.
(b)
Size.
(1)
Single-Family Residences. The sign display area shall not exceed two square feet.
(2)
Multiple-Family Residences. The total sign display area shall not exceed one-fourth square foot per lineal foot of frontage; only one freestanding or monument sign per street frontage shall be permitted, with a maximum 24 square feet of display area.
(3)
Churches, Civic and Community Buildings, Parks, and Schools. The total wall sign display shall not exceed one-half square foot per lineal foot of frontage or 75 square feet, whichever is less; freestanding or monument signs shall be limited to one with 32 square feet of display area.
(c)
Height. For single-family and multiple-family residences, the maximum height of freestanding or monument signs shall be four (4′) feet. All other signs shall be located below the roof line.
(d)
Location. All signs shall be located on private property and in accordance with the sign standards contained in this article.
(e)
Lighting. Signs may be non-illuminated or indirectly illuminated only.
(f)
Animated signs are acceptable provided the length of display is appropriate. Each message shall be displayed for a period of at least eight seconds. The sign shall remain blank (no messages or display) for at least one second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the City that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 6, Ord. 937, eff. February 6, 1998, § 2, Ord. 1089, eff. February 20, 2010, and § 226, Ord. 1095, eff. November 20, 2010)
§ 9-3.2809 Rail Corridor (R-C).
Signage standards shall be those as established per the Rail Trail Corridor Regulating Plan.
(§ 227, Ord. 1095, eff. November 20, 2010)
§ 9-3.2810 Neighborhood Commercial District (C-N).
Permitted signage for the Neighborhood Commercial District shall be as follows:
(a)
Type. Signs may be wall, freestanding, monument, canopy, under-canopy, or marquee.
(b)
Size.
(1)
Wall, canopy, under-canopy, and marquee signs shall not exceed one-half square foot of aggregate display area per lineal foot of frontage.
(2)
One freestanding or monument sign with a maximum of 32 square feet of display area shall be allowed, except when an office building or commercial complex has more than one tenant, individual low-profile freestanding signs for each tenant may be permitted in lieu of a single freestanding sign for the site. Such low-profile signs shall be uniform in construction (except for copy) and shall not exceed four (4′) feet in height, eight (8′) feet in length, and two (2′) feet in width per business. Such low-profile signs shall be limited to copy on one side and placed parallel to the street.
(d)
Location. All signs shall be located on private property and in accordance with the sign standards contained in this article.
(e)
Lighting. Signs may be directly illuminated, indirectly illuminated, or non-illuminated as applies to the type of sign.
(f)
Animated signs are acceptable provided the length of display is appropriate. Each message shall be displayed for a period of at least eight seconds. The sign shall remain blank (no messages or display) for at least one second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the City that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.
(§ II, Ord. 771, eff. December 4, 1987 as amended by § 3, Ord. 1089, eff. February 20, 2010, and § 228, Ord. 1095, eff. November 20, 2010)
§ 9-3.2811 Mixed Use (M-X).
Permitted signage for the Mixed Use District shall be as follows:
(a)
Type. Signs may be wall, freestanding, monument, canopy, under-canopy, or marquee.
(b)
Size.
(1)
Wall, canopy, under-canopy, and marquee signs shall not exceed three-fourths square foot of aggregate display area per lineal foot of frontage. Wall, canopy under-canopy, roof, and marquee signs shall not exceed one square foot of aggregate sign display area for each lineal foot of building frontage to which the sign is attached.
(2)
One freestanding or monument sign with a maximum of 32 square feet of display area shall be allowed on each street frontage of more than fifty (50′) feet. Where two or more freestanding or monument signs are allowed on a single street frontage, one freestanding or monument sign with a maximum of 50 square feet of display area may be used in lieu of several signs on the same frontage.
(d)
Location. All signs shall be located on private property and in accordance with the sign standards contained in this article, except that canopy, under-canopy, and marquee signs may extend over the public sidewalk provided a minimum clearance of eight (8′) feet is maintained, and the sign is no closer than two (2′) feet from the curb face.
(e)
Lighting. Signs may be directly illuminated, indirectly illuminated, or non-illuminated as applies to the type of sign.
(f)
Animated signs are acceptable provided the length of display is appropriate. Each message shall be displayed for a period of at least eight seconds. The sign shall remain blank (no messages or display) for at least one second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the City that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.
(§ 229, Ord. 1095, eff. November 20, 2010, as amended by § 1, Ord. 1097, eff. May 20, 2011)
§ 9-3.2812 Professional Office (P-O).
Permitted signage for the Professional Office District shall be as follows:
(a)
Type. Signs may be wall, freestanding, monument, canopy, under-canopy, or marquee.
(b)
Size.
(1)
Wall, canopy, under-canopy, and marquee signs shall not exceed one-half square foot of aggregate display area per lineal foot of frontage.
(2)
One freestanding or monument sign with a maximum of 32 square feet of display area shall be allowed, except when an office building or commercial complex has more than one tenant, individual low-profile freestanding signs for each tenant may be permitted in lieu of a single freestanding sign for the site. Such low-profile signs shall be uniform in construction (except for copy) and shall not exceed four (4′) feet in height, eight (8′) feet in length, and two (2′) feet in width per business. Such low-profile signs shall be limited to copy on one side and placed parallel to the street.
(d)
Location. All signs shall be located on private property and in accordance with the sign standards contained in this article.
(e)
Lighting. Signs may be directly illuminated, indirectly illuminated, or non-illuminated as applies to the type of sign.
(f)
Animated signs are acceptable provided the length of display is appropriate. Each message shall be displayed for a period of at least eight seconds. The sign shall remain blank (no messages or display) for at least one second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the City that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.
(§ 231, Ord. 1095, eff. November 20, 2010)
§ 9-3.2813 General Commercial District (C-1).
Permitted signage for the General Commercial District shall be as follows:
(a)
Type. Signs may be wall, freestanding, monument, canopy, under-canopy, or marquee.
(b)
Size.
(1)
Wall, canopy, under-canopy, and marquee signs shall not exceed one square foot of aggregate sign display area for each lineal foot of building frontage to which the sign is attached.
(2)
One freestanding or monument sign with a maximum of 50 square feet of display area shall be allowed on each street frontage of more than fifty (50′) feet.
(3)
Where a street frontage is greater than 200 lineal feet, one freestanding or monument sign with a maximum of 50 square feet of display area shall be allowed for each full 200 lineal feet of street frontage.
(4)
Where two or more freestanding or monument signs are allowed on a single street frontage, one freestanding or monument sign with a maximum of 100 square feet of display area may be used in lieu of two signs on the same frontage.
(d)
Location. All signs shall be located on private property and in accordance with the sign standards contained in this article.
(e)
Lighting. Signs may be directly illuminated, indirectly illuminated, or non-illuminated as applies to the type of sign.
(f)
Animated signs are acceptable provided the length of display is appropriate. Each message shall be displayed for a period of at least eight seconds. The sign shall remain blank (no messages or display) for at least one second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the City that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.
(§ II, Ord. 771, eff. December 4, 1987, as amended by §§ 8, 9, Ord. 937, eff. February 6, 1998, § 5, Ord. 1089, eff. February 20, 2010, § 232, Ord. 1095, eff. November 20, 2010, and § 2, Ord. 1097, eff. May 20, 2011)
§ 9-3.2814 Highway Commercial District (H-C).
Permitted signage for the Highway Commercial District shall be as follows:
(b)
Size.
(1)
Wall, canopy, under-canopy and marquee signs shall not exceed one square foot of aggregate sign display area for each lineal foot of building frontage to which the sign is attached.
(2)
One freestanding or monument sign with a maximum of 50 square feet of display area shall be allowed on each street frontage of more than fifty (50′) feet.
(3)
Where a street frontage is greater than 200 lineal feet, one freestanding or monument sign with a maximum of 50 square feet of display area shall be allowed for each full 200 lineal feet of street frontage.
(4)
Where two or more freestanding or monument signs are allowed on a single street frontage, one freestanding or monument sign with a maximum of 100 square feet of display area may be used in lieu of two signs on the same frontage.
(d)
Location. All signs shall be located on private property and in accordance with the sign standards contained in this article.
(e)
Lighting. Signs may be directly illuminated, indirectly illuminated, or non-illuminated as applies to the type of sign.
(f)
Animated signs are acceptable provided the length of display is appropriate. Each message shall be displayed for a period of at least eight seconds. The sign shall remain blank (no messages or display) for at least one second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the City that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.
(§ II, Ord. 771, eff. December 4, 1987, as amended by §§ 10, 11, Ord. 937, eff. February 6, 1998, § 6, Ord. 1089, eff. February 20, 2010, § 233, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1097, eff. May 20, 2011)
§ 9-3.2815 Light Industrial District (L-I).
Permitted signage for the Light Industrial District shall be as follows:
(b)
Size.
(1)
Wall, canopy, under-canopy and marquee signs shall not exceed one square foot of aggregate sign display area for each lineal foot of building frontage to which the sign is attached.
(2)
One freestanding or monument style sign with a maximum of 50 square feet of display area shall be allowed on each street frontage of more than fifty (50′) feet.
(3)
When an office, research, or industrial complex has more than one tenant, individual low-profile freestanding signs for each tenant may be permitted in lieu of a single freestanding sign for the site as set forth in subsection (2) of this subsection. Such low-profile signs shall be uniform in construction (except for copy) and shall not exceed four (4′) feet in height, eight (8′) feet in length, and two (2′) feet in width per business. Such low-profile signs shall be limited to copy on one side and placed parallel to the street.
(d)
Location. All signs shall be located on private property and in accordance with the sign standards contained in this article.
(e)
Lighting. Signs may be directly illuminated, indirectly illuminated, or non-illuminated as permitted for the sign type.
(f)
Animated signs are acceptable provided the length of display is appropriate. Each message shall be displayed for a period of at least eight seconds. The sign shall remain blank (no messages or display) for at least one second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the City that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 12, Ord. 397, eff. February 6, 1998, § 7, Ord. 1089, eff. February 20, 2010, § 234, Ord. 1095, eff. November 20, 2010, and § 4, Ord. 1097, eff. May 20, 2011)
§ 9-3.2816 General Industrial District (I).
Permitted signage for the General Industrial District shall be as follows:
(b)
Size.
(1)
Wall, canopy, under-canopy and marquee signs shall not exceed one square foot of aggregate sign display area for each lineal foot of building frontage to which the sign is attached.
(2)
One freestanding or monument sign with a maximum of 50 square feet of display area shall be allowed on each street frontage of more than fifty (50′) feet.
(3)
Where a street frontage is greater than 200 lineal feet, one freestanding or monument style sign with a maximum of 50 square feet of display area shall be allowed for each full 200 lineal feet of street frontage.
(4)
Where two or more freestanding or monument signs are allowed on a single street frontage, one freestanding or monument sign with a maximum of 100 square feet of display area may be used in lieu of two signs on the same frontage.
(d)
Location. All signs shall be located on private property and in accordance with the sign standards contained in this article.
(e)
Lighting. Signs may be directly illuminated, indirectly illuminated, or non-illuminated as applies to the type of sign.
(f)
Animated signs are acceptable provided the length of display is appropriate. Each message shall be displayed for a period of at least eight seconds. The sign shall remain blank (no messages or display) for at least one second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the City that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.
(§ II, Ord. 771, eff. December 4, 1987, as amended by §§ 13, 14, Ord. 937, eff. February 6, 1998, § 8, Ord. 1089, eff. February 20, 2010, and § 235, Ord. 1095, eff. November 20, 2010, and § 5, Ord. 1097, eff. May 20, 2011)
§ 9-3.2817 Public Facilities District (P-F).
Permitted signage for the Public Facilities District shall be as follows:
(b)
Size.
(1)
Wall, canopy, under-canopy, and marquee signs shall not exceed one square foot of aggregate sign display area for each lineal foot of building frontage to which the sign is attached.
(2)
One freestanding or monument sign with a maximum of 50 square feet of display area shall be allowed on each street frontage of more than fifty (50′) feet.
(3)
Where a street frontage is greater than 200 lineal feet, one freestanding or monument sign with a maximum of 50 square feet of display area shall be allowed for each full 200 lineal feet of street frontage.
(4)
Where two or more freestanding or monument signs are allowed on a single street frontage, one freestanding or monument sign with a maximum of 100 square feet of display area may be used in lieu of two signs on the same frontage.
(d)
Location. All signs shall be located on private property and in accordance with the sign standards contained in this article.
(e)
Lighting. Signs may be directly illuminated, indirectly illuminated, or non-illuminated as applies to the type of sign.
(f)
Animated signs are acceptable provided the length of display is appropriate. Each message shall be displayed for a period of at least eight seconds. The sign shall remain blank (no messages or display) for at least one second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the City that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.
(§ 236, Ord. 1095, eff. November 20, 2010)
§ 9-3.2818 Temporary signs (other than window) and windblown devices.
(a)
Temporary signs are those signs and/or advertising devices on private property in conjunction with an event or sale, designed to be displayed for a short period of time and not permanently affixed to a building or property, including, but not limited to:
(b)
Banana flags/banners, feather flags/banners, teardrop flags/banners, and blimps are prohibited.
(c)
Signs and/or advertising devices allowed by this section shall be displayed for a maximum of 10 consecutive days four times each calendar year, a minimum of 45 days apart.
(d)
Windblown devices, inflated devices, and signs whose movement is designed to attract attention, such as strings of pennants, clusters of flags, streamers, balloons or other inflated objects, must be located entirely on private property and be a minimum of five (5′) feet behind the public right-of-way outside of vision triangles and shall not extend into or be allowed to move into the public right-of-way or exceed twenty-five (25′) feet in height measured from the ground (but in no event extend above the roof line). No more than one of these devices will be allowed for every fifty (50′) feet of street frontage or portion thereof on any property. These devices shall be fastened securely to a wall or ground mounted pole, anchor, or similar structure. These devices shall not be fastened to any landscaping/tree, fence or retaining wall.
(e)
Banners shall be located entirely on private property, outside of vision triangles and shall not extend into or be allowed to move into the public right-of-way and be a minimum of five (5′) feet behind the public right-of-way outside of vision triangles and shall not extend into or be allowed to move into the public right-of-way or exceed twenty-five (25′) feet in height measured from the ground (but in no event extend above the roof line). No banner shall be located closer than ten (10′) feet to another banner. No more than one banner will be allowed for every fifty (50′) feet of street frontage or portion thereof on any property. Banners shall be made of durable fabric intended for outside use. Banners shall be a maximum of 30 square feet in size. Banners shall be fastened from the top and bottom to a wall or ground mounted pole, anchor, or similar structure. Banners shall not be fastened to any landscaping/tree, fence or retaining wall.
(f)
Other temporary signs or temporary advertising devices must be located entirely on private property and be a minimum of five (5′) feet behind the public right-of-way outside of vision triangles and shall not extend into or be allowed to move into the public right-of-way or exceed twenty-five (25′) feet in height measured from the ground (but in no event extend above the roof line). No more than one of these devices will be allowed for every fifty (50′) feet of street frontage or portion thereof on any property.
(g)
The Community and Economic Development Director review and approval is required for all temporary signs and windblown devices, inflated devices, and banners permitted by this section. The Community and Economic Development Director may impose reasonable conditions to mitigate any potential adverse effects on the neighborhood or surrounding area when such restrictions are deemed necessary in the interest of public health and safety.
(h)
The decision of the Community and Economic Development Director or designee may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.
(§ 237, Ord. 1095, eff. November 20, 2010, as amended by § 3, Ord. 1158, eff. December 1, 2017)
§ 9-3.2819 Special use signs.
The following standards shall be applicable to the following special use signs:
(a)
Shopping Center Signs. A master signage plan shall be required for a shopping center pursuant to this article. Such review shall insure that signs located within a shopping center are harmonious and of compatible design with the site and surrounding uses.
(b)
Gasoline Price Signs. One permanently mounted freestanding price sign per street frontage shall be allowed which sign lists information for each grade of gasoline, type of service available, and type of payment permitted when there is a difference in price for each separate case. Such signs indicating a single price or a combination of prices shall not exceed a total area of 20 square feet, with a maximum height of five (5′) feet, unless mounted on the freestanding business identification sign or the pump island supports, in which case the height shall not exceed the height allowed for the district.
In addition to the gasoline signs permitted by this subsection, one or a combination of the following gasoline price sign locations, not to exceed 20 square feet per street frontage, may be displayed: on-building or window locations; and pump island support locations.
(c)
Seasonal and Temporary Sales Conducted Outdoors. Signs for seasonal and temporary sales conducted outdoors shall have a maximum sign area of 50 square feet total, individual signs shall be limited to 25 square feet each, the maximum height shall be six (6′) feet, shall be non-illuminated, and shall not affect traffic or parking spaces. There shall be one sign per street frontage, and such signs shall be approved by the Planning Director.
(d)
Directory Signs. Directory signs may be located on the site, shall not exceed 20 square feet of display area per side, and shall be limited to one sign per major entrance, as approved by the Planning Director.
(e)
Subdivision Identification Signs (Permanent). Residential subdivisions may be allowed a permanent identification sign at one or more main entrances to the subdivision. Such signs may be freestanding, monument, wall, or fence-mounted, not over six (6′) feet in height, not over 32 square feet display area per entrance, and not more than two signs per entrance. If located in a center island or public right-of-way, such signs shall be subject to an approved encroachment permit. Such signs shall be approved with the tentative map or by use permit.
(f)
Subdivision Sales Signs (Temporary/On-Site). One on-site subdivision sales sign identifying the subdivision shall be allowed under the following conditions:
(1)
A tentative map for the development shall have been approved.
(2)
The display surface area shall not exceed 128 square feet per side, two side maximum, and the sign shall not be over ten (10′) feet in height.
(3)
The sign shall be located on private property, at least five (5′) feet inside the property line, not within any corner vision triangle, and shall not constitute a traffic hazard.
(4)
The sign shall not be illuminated.
(5)
The sign shall be removed within two years after erection, except that the Planning Director may grant one-year extensions until 90% of the original sales is reached.
(g)
Subdivision and Residential Development Directional Signs (Temporary/Off-Site). Three off-site sales signs advertising the subdivision shall be allowed, for subdivisions/residential developments of five or more lots, under the following conditions:
(1)
A final map for the subdivision or a subdivision phase shall have been recorded.
(2)
A building permit shall be obtained after submittal and review of all required plans, details and calculations and a Two Hundred and No/100ths ($200.00) Dollars cash performance bond posted for each sign to be returned at the time of removal of the sign.
(3)
The display surface area shall not exceed 40 square feet per side, two side maximum, and the sign shall not exceed eight (8′) feet in height.
(4)
The sign(s) shall be located on vacant private property, at least five (5′) feet inside the property line, not within the corner vision triangle, and shall not constitute a traffic hazard. There shall be no more than one sign located on each individual legally subdivided parcel.
(5)
The sign shall not be illuminated.
(6)
The sign shall be removed within two years of construction or until occupancy release of the last unit in the subdivision, whichever is first, except that the Planning Director may grant one-year extensions until 90% of the original sales is reached.
(7)
The sign shall be removed within two years after erection, except that the Planning Division may grant one year extensions until 90% of the original sales is reached.
(h)
Standards for Under-Canopy Signs.
(1)
Permits Required. In addition to a sign review permit, any under-canopy sign over a public right-of-way shall require an encroachment permit.
(2)
Size. The maximum size of such signs shall be six square feet.
(3)
Copy. The copy shall be limited to the identification of the business only. No advertising or advertising devices shall be permitted.
(4)
Materials. Such signs shall be constructed of natural wood.
(5)
Color. The color shall be natural or stained wood. The letters may be painted.
(6)
Sign Structure. Such signs shall be suspended from the canopy by a chain of sufficient strength to support the weight of the sign.
(7)
Illumination. No illumination shall be permitted.
(8)
Quantity. The quantity shall be limited to one per business.
(9)
Double-Facing. Both faces of such signs may be used to identify the business.
(10)
Minimum Height. Such signs shall have a minimum eight (8′) foot clearance from the sidewalk.
(11)
Shape. Such signs shall be rectangular.
(12)
Maintenance. All portions of such signs, including the frame, background, supports, and anchorage, shall be maintained in proper repair. All sign surfaces shall be neatly painted.
(13)
Mitigation Measures. All under-canopy signs shall be erected and maintained in accordance with the provisions of this article and any conditions attached to the issuance of the permit. Failure to abide by such provisions will result in the revocation of the permit and the removal of the sign.
(i)
Standards for billboard signs (nonappurtenant).
(1)
Size.
(A)
The maximum sign area shall be 300 square feet. The maximum height shall be twelve (12′) feet.
(B)
The total maximum height of such signs shall not exceed twenty-five (25′) feet from the grade. The minimum clearance from the grade to the bottom of the sign shall be twelve (12′) feet.
(C)
Sign displays shall not be permitted within five hundred (500′) feet of a four corner intersection.
(2)
Spacing.
(A)
The minimum distance between displays on the same side of the roadway shall be five hundred (500′) feet.
(B)
No sign display shall be permitted within one hundred (100′) feet of a property division line or building.
(C)
Sign displays shall not be permitted within five hundred (500′) feet of a four corner intersection.
(3)
Support Structure. Such signs shall be supported by a single pole structure.
(4)
Prohibitions.
(A)
V-type, side-by-side, and back-to-back displays shall be prohibited. Advertising shall be permitted on both faces of a permitted display.
(B)
Banners, balloons, flags, pennants, pinwheels, and similar attention getting devices shall be prohibited.
(C)
Electrical illumination shall be permitted, excluding neon illumination. Reflective paint and reflective material shall be permitted.
(D)
No moving parts or animation shall be permitted.
(5)
Identity. The identity of the owners of such signs shall be posted on the sign.
(6)
Structural Safety. Such signs shall be constructed according to the Uniform Sign Code.
(7)
Maintenance. All portions of such signs, including the copy, frame, background, supports, and anchorage, shall be maintained and neatly painted.
(8)
Use Permits. All billboard signs shall require a use permit for erection or modification.
(9)
Mitigation Measures. All nonappurtenant signs shall be erected and maintained in accordance with the provisions of this article and any conditions attached to the issuance of the use permit. Failure to abide by such provisions will result in the revocation of the use permit and the removal of the sign.
(j)
Subdivision Model Home Directional Blimps (Temporary/On-Site). One helium or air filled blimp may be used on Saturdays and Sundays, for subdivisions/residential developments with open model homes, under the following conditions:
(1)
The subdivision shall have three or more model homes open to the public.
(2)
The blimp shall not be more than twenty (20′) feet in length.
(3)
The blimp shall not be flown higher than one hundred fifty (150′) feet and shall be flown above the model homes.
(4)
The blimp may be flown only when the model homes are open to the public and only between the hours of 8:00 a.m. and 7:00 p.m. on Saturdays and Sundays.
(5)
No more than one blimp per subdivision.
(6)
The blimp shall be made of durable materials designed for outside use.
(7)
The blimp must be tethered securely to an anchor on subdivision property.
(8)
The blimp shall not be fastened to any landscaping/tree, fence or retaining wall.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 1, Ord. 852, eff. February 1, 1992, § 15, Ord. 937, eff. February 6, 1998, § 238, Ord. 1095, eff. November 20, 2010, and § 4, Ord. 1158, eff. December 1, 2017)
§ 9-3.2819.1 Automobile dealership signage.
(a)
Purpose. Automobile dealerships, due to the nature of their operations which include large outdoor sales areas, the need for site identification to compete on a regional basis, and importance as significant economic resources to the City, warrant and require signs which is unique and separate from other uses within the City. The following regulations shall apply only to automobile dealerships where the principal use is the sale of new and used cars. The purpose of this section is to allow auto dealership signage that will provide flexibility while maintaining project identification that is visible, adequate, safe and noticeable to the motoring public from surface streets and highways.
(b)
Definitions. "Auto dealership" means a new or used car sales establishment whose primary use is for the outdoor display and sales of new and used automobiles and trucks, which may engage in secondary activities, including parts sales and repair service on a single parcel/site or multiple adjacent parcels/sites. The term does not include establishments for which the sale of vehicles is an incidental or secondary use.
(c)
Permitted Signage/Advertising Devices. In addition to signage allowed by this article the following additional types of signs/advertising devices are permitted for auto dealerships:
(1)
Pole banners, consisting of vertical fixed panels mounted at the top and bottom with brackets on light standards or poles, according to the following criteria:
(A)
No more than one per permanent light standard or pole, or two if directly opposite each other.
(B)
May not exceed 60 square feet in total area.
(C)
Must have a minimum vertical clearance of eight (8′) feet.
(D)
May not extend above the top of the light standard or pole it is attached to.
(E)
Shall be located entirely on private property outside of vision triangles and shall not extend into or be allowed to move into the public right-of-way.
(F)
Shall not be permitted off site or on public utility poles.
(2)
Sno-cones/fan display pole banners, according to the following criteria:
(A)
No more than one per permanent light standard or pole.
(B)
May not exceed eight (8′) feet in height and four (4′) feet in width.
(C)
May not extend above the top of the light standard or pole it is attached to.
(D)
Must have a minimum vertical clearance of four (4′) feet.
(E)
Shall be located entirely on private property outside of vision triangles and shall not extend into or be allowed to move into the public right-of-way.
(F)
Shall not be permitted off site or on public utility poles.
(3)
Flags (nongovernmental), according to the following criteria:
(A)
No more than 24 square feet in area per flag.
(B)
No more than one flag per permanent light standard or pole.
(C)
Shall be located entirely on private property outside of vision triangles and shall not extend into or be allowed to move into the public right-of-way.
(D)
Shall not be permitted off site or on public utility poles.
(E)
Banana flags/banners and/or feather flags/banners and/or teardrop flags/banners are prohibited.
(d)
Concentration. Each auto dealership may display a maximum of one pole banner, sno-cones/fan display pole banners, and /or flag, permitted by this section for every 30 lineal feet of street frontage or every 400 square feet of outside auto display area whichever is greater.
(e)
Maintenance. All signs/advertising devices permitted by this section shall be maintained in good condition at all times and shall be of durable fabric intended for outdoor use. Any sign/advertising device that is faded, torn or otherwise determined by the Community and Economic Development Director to not be in good condition shall be removed immediately upon request.
(f)
Review and Approval Process. The Community and Economic Development Director review and approval is required for all signage and advertising devices permitted by this section. The Community and Economic Development Director may impose reasonable conditions to mitigate any potential adverse effects on the neighborhood or surrounding area when such restrictions are deemed necessary in the interest of public health and safety.
(g)
Appeal. The decision of the Community and Economic Development Director or designee may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.
(§ 5, Ord. 1158, eff. December 1, 2017)
§ 9-3.2820 Sign review permits required.
Except as otherwise provided in this article, it shall be unlawful for any person to erect, alter, or relocate a sign within the City without first obtaining a sign review permit.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 239, Ord. 1095, eff. November 20, 2010)
§ 9-3.2821 Procedure.
(a)
Applications for sign review permits shall be in the number of copies and on the format designated by the Planning Director. Such applications shall be accompanied by a fee set by the Council and by such profiles, elevations, plot plans, drawings, photographs, color or material samples, and other pertinent information necessary to show what is requested. Such applications shall be filed in the office of the Planning Department.
(b)
In processing sign applications, the following criteria shall be used to approve, conditionally approve, or disapprove:
(c)
The Planning Department shall review all sign review permit applications and shall either approve, approve with modifications, or deny applications in accordance with the requirements of this article and any other applicable requirements of Federal, State, or local laws. The Planning Director, however, may withhold action on an application until it is reviewed by the Commission if he or she feels there is a potential element of controversy regarding the following factors, which include, but are not limited to, size, color, type, face, shape, or other elements disharmonious, distracting, or incongruous with the site or the surrounding neighborhood.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 240, Ord. 1095, eff. November 20, 2010)
§ 9-3.2822 Variations of sign standards.
Requests for variations of the sign standards set forth in this article shall be through use permits.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 241, Ord. 1095, eff. November 20, 2010)
§ 9-3.2822.1 Sign alterations, minor adjustments.
(a)
Purpose. The Director may grant minor adjustments in order to prevent unnecessary hardships which would result from a strict and literal interpretation and enforcement of certain regulations required by this chapter. A practical difficulty or unnecessary hardship may result from the size, shape, or dimensions of a site or the location of existing structures on the site, from geographic, topographic, or other physical conditions on the site, or in the immediate vicinity, or from street locations or traffic conditions in the immediate vicinity which would affect the placement of signs on the site or structure.
(b)
Exception Purposes. The Director may grant a minor adjustment if it can be demonstrated that an exception is necessary to facilitate an improved aesthetic relationship between the signs and the structures upon which they are mounted, or to overcome an unusual site condition.
(c)
Procedure. All minor adjustments for signs shall be referred to the Director where the applicant desires one or more adjustments from the requirements of this chapter. The Director may allow adjustments within the limits listed in this section. Appropriate findings, consistent with Section 9-3.2323 of this chapter, shall be made a part of the granting of the adjustment. The Director may in his or her sole discretion require the applicant to process the adjustment as a use permit requiring a public hearing before the Planning Commission.
(1)
Sign Area. Total amount of adjustments is limited to 25% of the allowed sign area.
(2)
Sign Height. Total amount of adjustments is limited to 25% of the allowed sign height.
(3)
Transfer of Sign Area.
(A)
To overcome a disadvantage because of an exceptional setback between the street and the sign or orientation of the sign location;
(B)
To achieve an effect which is essentially architectural, graphic art, or sculptural and which, in the opinion of the Director, enhances the sign and site's development;
(C)
To permit more sign area in a single sign than is allowed, but less than the total allowed for the entire site, where a more orderly and concise pattern of signs will result;
(D)
To allow a sign compatible with other conforming signs in the vicinity;
(E)
To establish the allowable amount and location of signs when no street frontage exists or when, because of an unusual parcel shape (e.g., a flag lot), the street frontage is excessively narrow in proportion to the average width of the parcel; and
(F)
To allow sign area to be transferred to a street building frontage when the main entrance does not face the street.
(4)
Alternative Sign Locations.
(A)
On Site. To transfer allowed signage from a structure wall to an allowed freestanding sign based upon the finding that the alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback;
(B)
Parcels Not Fronting on Any Street. Under sign review, approval may be given for the placement of a sign on an access easement to a parcel not having street frontage, at a point where viewable from the adjoining public street; and
(C)
Other. Alternative locations may be granted in order to further the intent and purpose of this chapter or where normal placement would conflict with the architectural design of a structure, including transfer of sign area on the same building.
(5)
Alternative Types of Signs. To facilitate compatibility with the architecture of structures on the site and improve the overall appearance of the site.
(d)
Conditions. The Community and Economic Development Director may impose reasonable conditions to mitigate any potential adverse effects on the neighborhood or surrounding area when such restrictions are deemed necessary in the interest of public health and safety.
(e)
Appeals. The decision of the Community and Economic Development Director or designee may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.
(§ 6, Ord. 1158, eff. December 1, 2017)
§ 9-3.2823 Expirations and time extensions.
(a)
The approval of a sign review permit or sign review application shall expire one year after its effective date, unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of a sign review permit or sign review approval, the applicant may apply to the Planning Director for an extension of one year from the date of the expiration. The Planning Director may make minor modifications or may deny further extensions of the approved sign at the time of extension if he or she finds there has been a substantial change in circumstances.
(b)
A sign review permit shall expire and become void if the circumstances or facts upon which the permit was granted change through some subsequent action by the owner or lessee so that the review permit would not be permitted under the new circumstances.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 241, Ord. 1095, eff. November 20, 2010)
§ 9-3.2824 Revocation.
Upon due notice to the applicant, any sign review permit heretofore or hereafter granted may be revoked if the Planning Director determines that the sign or sign program for which the permit was granted:
(a)
Advertises the availability or sale of goods, property, or services no longer available; or
(b)
Is not constructed, installed, or maintained in accordance with the approved application. To be sufficiently maintained, all signs, together with all supports, braces, guys, and anchors, shall be kept in a presentable condition and repair, including periodic repainting and cleaning, as well as the replacement of worn or defective parts.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 241, Ord. 1095, eff. November 20, 2010)
§ 9-3.2825 Unlawful signs.
Every sign in existence on December 4, 1987, and which was prohibited or illegal at the time of installation, and which does not conform to the provisions of this article, shall be an illegal sign. Such signs shall be removed immediately upon notification of illegality. Failure to remove such signs shall be in violation of this article. Signs which are not constructed, maintained, or displayed pursuant to the requirements of this article, notwithstanding the other provisions of this article, for the purposes of this section, a change of copy or sign face shall not be deemed a discontinuance of use. However, for the purposes of this section, any structural alteration to any part of the sign shall be deemed a discontinuance of use. A nonconforming sign shall be made to conform immediately to the provisions of this article if:
(a)
The owner, outside of a change of copy, requests permission to remodel and remodels a nonconforming sign display, or expands or enlarges the building or land use upon which the advertising display is located, or changes the use of the premises;
(b)
The owner relocates a sign;
(c)
There is an agreement between the owner and the City for the removal of a sign on a given date;
(d)
The sign display is temporary;
(e)
The sign display is or may become a danger to the public or is unsafe; or
(f)
The sign display constitutes a traffic hazard.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 242, Ord. 1095, eff. November 20, 2010)
§ 9-3.2826 Violations.
Any person who violates any provision or fails to comply with any of the requirements of this article shall be guilty of an infraction or a misdemeanor. Each such person shall be guilty of a separate offense for each day during any portion of which any violation of any provision of this article is committed, continued, or permitted by such person and shall be punishable therefor as provided in this Code.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 243, Ord. 1095, eff. November 20, 2010)
§ 9-3.2827 Enforcement.
It shall be the duty of the Planning Director or designated representative to enforce this article. When a sign is erected upon public property, including the street right-of-way, in violation of the provisions of this article, and it is determined by the City that such sign is hazardous to the general welfare of the public, such sign may be removed without notice. The cost of the removal or alteration of any such sign and any expense incident thereto, which, by the terms of this section, shall be paid by a permittee, sign owner, property owner, or any other person, shall become a debt owing the City for the collection of which the City may maintain a civil action in its own name.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 243, Ord. 1095, eff. November 20, 2010)
§ 9-3.2828 Definitions.
For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
shall mean a portable sign with advertising messages mounted on one or two surfaces with two edges connected with the other two edges spread so that the two faces read from different directions.
shall mean a sign with a message display for a period of at least eight seconds. The sign shall remain blank (no messages or display) for at least one second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the City that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.
shall mean a sign identifying an apartment or multifamily building or an apartment or multifamily by name and/or address.
shall mean a hood or cover which projects from the wall of a building of a type as to be able to be retracted, folded, or collapsed against the face of the supporting building. A fixed awning shall be treated as a marquee.
shall mean any cloth, bunting, plastic, paper, or similar non-rigid material attached to, or appended on or from, any structure, staff, pole, line, which there is an advertising message or which is intended for promotion.
shall mean a rotating or stationary cylindrical pole, of the traditional red, white, and blue spiral striped design, identifying the premises as a barber shop.
shall mean the structural component of a freestanding sign located below the sign face.
shall mean any sign which directs attention to a business, commodity, service, industry, or other activity which is not sold, offered or conducted on the premises upon which such sign is located, or to which it is affixed.
shall mean any sign erected during the construction and development of industrial or residential subdivisions, office complexes, apartment complexes, or shopping centers.
shall mean a sign giving only information and direction to the viewer and containing no advertising message.
shall mean a light source in which the light rays go through the face of the sign. "Direct illumination" shall include illuminated tubing and strings of lights.
shall mean any sign which includes only the names and locations of businesses, firms, offices, residential complexes, or establishments but does not otherwise promote or advertise the business or residential complex.
shall mean the area made available by the sign structure for the purpose of displaying the message.
shall mean and include the sum of the separate display surfaces of a sign, including the reverse side of any sign when the reverse side actually may be viewed from any City street, expressway, freeway, or other public right-of-way. The area of each display surface shall be computed by calculating the area of the circle, square, triangle, rectangle, or combination of such geometric designs necessary to enclose such surface.
shall mean a fabric, textile, or material of any shape or size, with colors, patterns, and the like used as a symbol of a nation, state, government, political subdivision company, or the like.
shall mean a sign which is supported by one or more uprights, poles, or braces that are placed on, or anchored in, the ground and that are independent from any building or other structure.
shall mean that portion of a lot or building elevation which faces a street or has a main public entrance.
shall mean an on-premises sign identifying the grade and/or type and price of gasoline sold.
shall mean a sign placed in any area of the City by a governmental entity or private individual or business as required by Federal, State, or local laws.
shall mean and include all lettering, logos, pictures, symbols, patterns, and depictions, including color, on a sign.
shall mean the distance from the sidewalk or roadbed grade nearest the base of the sign to the top of the highest element of the sign. Where there is no sidewalk, the grade of the roadbed nearest the sign shall be used.
shall mean a portable sign, with advertising messages mounted on one or two surfaces, which has a base making the sign readable from different directions.
shall mean a sign which serves to tell only the name, address, and lawful use of the occupant or building upon which the sign is located.
shall mean a sign in which an artificial source of light is used in order to make the message readable. "Illuminated sign" shall include internally and externally lighted signs and reflectorized, flowing, or radiating signs.
shall mean a sign identifying the premises of, or announcing the activities conducted by, a church, school, hospital, rest home, or similar institutional facility.
shall mean any sign which does not contain advertising or promotional matter but relates solely to traffic or pedestrian control, warnings, or hours of operation.
shall mean the name, symbol, emblem, insignia, or trademark of a company or organization.
shall mean any sign which is on top, attached to the face, or suspended below a marquee, canopy, cantilevered covered walkway, or arcade, whether parallel to or at right angles to the face of the building.
shall mean a freestanding sign where the height of the sign is equal to or less than the length of the base of the sign and having a maximum height of ten (10′) feet. The area below the sign copy shall be solid from the ground to the lower edge of the copy area.
shall mean a tenant in a business center leasing a large portion of the leasable space in such center.
shall mean a sign which was legal at the time it was erected but does not accord or comply with the requirements of this article or an amendment to this article.
shall mean three or more tenants located on one or more contiguous parcels and which utilize common off-street parking and access.
shall mean a sign which directs attention to a business, commodity, service, industry, or other activity which is sold, offered, or conducted on the premises upon which such sign is located or to which it is affixed.
shall mean a sign placed or displayed on a parking lot to supply information to people using such lot, including with respect to liability, as well as entry, exits, and directional information, as is necessary to facilitate the safe movement of vehicles served by the parking area.
shall mean any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.
shall mean any natural person, firm, association, organization, partnership, trust, or association of persons, joint venture, corporation or company, and any officer or agent thereof.
shall mean a sign associated with a candidate for elected office, political party, or ballot measure or which makes a political statement.
shall mean a sign which is capable of being carried or moved by manual or mechanical means from one location to another.
shall mean a standardized sign supplied at a nominal cost or fee to a retailer wherein a prominent portion of the sign face, by text and/or style, identifies the product of the regional or national distributor or manufacturer, and the remainder of the sign face is available to identify the local retailer.
shall mean a sign characterized by its attachment at an angle or perpendicular to the face of a building as opposed to being mounted flat on the surface of a building. Any sign which extends twelve (12″) inches or more beyond the building surface to which the sign is attached shall be considered a projecting sign.
shall mean an entrance into a building recognized as a main or principal entrance. A fire exit only doorway shall not be included as a public entrance.
shall mean the same as "changeable copy sign" together with "portable sign."
shall mean a sign offering developed or undeveloped real property for sale, lease, or rent.
shall mean a horizontal plane projected parallel to the plane of the roof fascia line or top of a parapet wall or an angular plane projected parallel to the verge rafter of a gable roof.
shall mean the peak of the roof, top of a parapet, or the top of the wall of a building.
shall mean any sign erected upon or above the roof ridge line of a building or placed above the apparent flat roof or eaves of a building.
shall mean two or more businesses which function(s) as an integral unit on a single parcel or on contiguous parcels and which utilizes common off-street parking and access.
shall mean any announcement, declaration, demonstration, display, illustration, insignia, surface or space, when erected out-of-doors (or indoors in case of a window sign) and in view of the general public for identification, advertisement or promotion of the interests of any person. "Sign" does not include any of the following:
Official notices issued by any court or public body or officer;
Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice;
Directional warning or information signs or structures required by or authorized by law or by Federal, State, County, or local authority;
A sign erected near a City or County boundary that contains the name of that City or County and the names of, or any other information regarding, civic, fraternal, or religious organizations located within that City or County.
shall mean the vertical distance between the bottom of a sign and the sidewalk or roadbed grade nearest the base of a sign.
shall mean any structure which supports or is capable of supporting any sign. A sign structure may or may not be an integral part of a building. For the purposes of a freestanding sign, the sign structure shall include the aggregate area of the sign, including the sign copy and all structural elements of the sign.
shall mean an off-premises sign providing information on the location of a subdivision whose lots, parcels, or units are being offered for sale, lease, or rent.
shall mean an on-premises sign advertising developed or undeveloped real property which has been divided into five or more lots, parcels, or units for sale, lease, or rent. (Signs advertising fewer than five such lots shall be treated as "real estate signs.")
shall mean and include any sign approved for display for a set length of time.
shall mean a sign suspended no lower than seven (7′) feet above the public right-of-way under a canopy or awning of a building which sign identifies a business, profession, or industry conducted on the premises by name only.
shall mean a sign on a vehicle used for the purpose of advertising a business location, a special sale, or the like by any means.
shall mean any sign painted on or attached parallel to the wall facing of a building and projecting not more than twelve (12″) inches from the building face.
shall mean any sign displayed on the inside or outside of a window facing and visible from a public street, walkway, or parking lot, or a parking lot, pedestrian plaza, or walkway accessible to the public.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 16, Ord. 937, eff. February 6, 1998, § 2, Ord. 1038, eff. August 17, 2005, § 2, Ord. 1039, eff. October 1, 2005, and § 244, Ord. 1095, eff. November 20, 2010)
§ 9-3.2829 Adoption of the Uniform Sign Code.
For the purpose of providing minimum standards to safeguard life, health, property, and the public welfare by regulating and controlling the design, quality, materials, construction, location, electrification, and maintenance of all signs and sign structures within the City not located within buildings, that certain Code designated as the "Uniform Building Code, Volume V, Signs, 1967 Edition," published by the International Conference of Building Officials, three copies of which are on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this article as though set forth in this article in full, subject, however, to the amendments, additions, and deletions set forth in this article, and said Code shall be known as the Sign Code for the City.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 245, Ord. 1095, eff. November 20, 2010)
§ 9-3.2830 Violations: Penalties.
Any person violating any of the provisions of this article or of the Sign Code, or who shall fail to comply with any provision thereof, or who shall violate or fail to comply with any order made thereunder, or build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Council or by a court of competent jurisdiction within the time fixed therein, for each and every separate violation and noncompliance, respectively, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punishable as set forth in Chapter 2 of Title 1 of this Code. The imposition of one penalty for any violation of the provisions of this article or the Sign Code shall not excuse the violation or permit it to continue, and any such person violating the provisions of this article or the Sign Code shall be required to correct or remedy such violation or defect within a reasonable time, and, when not otherwise specified, each 10 days prohibitive conditions are maintained shall constitute a separate offense. The application of the penalties set forth in this section shall not be held to prevent the enforced removal of prohibitive conditions.
(§ II, Ord. 771, eff. December 4, 1987, as amended by § 247, Ord. 1095, eff. November 20, 2010)