Oakdale City Zoning Code
§ 36-26.3
General Provisions.
[Ord. No. 1029 § 1, 1995: Ord. No. 1113 Exh. A; Ord. No. 1259-18]
A.
SIGN LIMITATIONS AND PROHIBITIONS.
1.
The maximum height of any sign shall be as stated herein, but in no case shall a monument sign or pole sign exceed twenty (20) feet in height. No sign shall project above the roof line of any building to which it is attached.
2.
Wall signs shall not project more than eight (8) inches from supporting wall, unless otherwise specified. No display or messages shall be permitted on the edges of wall signs except the sign company's identification.
3.
No sign shall have or consist of any moving, rotating or otherwise animated part or any flashing, blinking fluctuating or otherwise animated light. In addition, no sign shall approximate or resemble in any way an emergency light or sign. The provisions of this subsection shall not be applied so as to prohibit the following types of signs:
a.
A sign showing time and/or temperature and which changes no more often than once every 5 seconds.
b.
A conventional clock face.
c.
An on-premises barber pole, of a length not to exceed 30 inches, of traditional design which shall be permitted to revolve during the time that a barbershop is open for business. Top of pole shall not be more than ten feet six inches (10' 6") above the ground.
4.
TEMPORARY SIGNS: Temporary signs outside setback lines or in public rights-of-way are not permitted except as follows:
a.
Temporary signs, in excess of the maximum permissible sign areas, may be erected for public events for a period not to exceed fourteen (14) days during any ninety (90) day period; provided however, that the erection of such signs shall be approved through a sign permit by the Director as to location, safety and time period.
b.
Temporary signs made of rigid materials shall be limited to a sign area of thirty-two (32) square feet.
5.
No signs shall be attached to any street tree, or any poles such as utility poles, traffic signals, streetlight, street name signs or traffic warning signs, or on any bus shelter or bench within the public right-of-way, except for holiday decorations approved by the Public Services Department.
6.
It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter.
7.
Off-premise signs are prohibited in all zoning districts except in industrial districts, or as specifically utilized to display civic events or road safety messages.
B.
PROJECTION INTO PUBLIC RIGHT-OF-WAY: The permitted projection of an authorized sign into any street or alley right-of-way is as follows (Subject to the provisions of § 36-18.23 Vision Obstructions):
1.
Projecting sign: Six (6) feet into any street right-of-way and four (4) feet into any alley right-of-way, but not closer than two (2) feet to the face of the curb.
2.
No signs are allowed to project into the public right-of-way at corners created by the intersection of public rights-of-way (e.g. streets, alleys, pedestrian walks).
3.
No temporary sign may encroach upon a public walkway, except as provided in 36-26.3(A4).
C.
VERTICAL CLEARANCE: No sign shall be less than eight (8) feet above a public or private sidewalk or sixteen feet above ground level in areas open to vehicular traffic except wall signs not exceeding three (3) inches in thickness.
D.
SIGNS WITHIN SETBACKS: Monument, pole signs and attention-getting signs taller than three (3) feet are subject to the provisions of § 36-18.23, Vision Obstructions.
E.
OBSTRUCTIONS TO DOORS, WINDOWS OR FIRE ESCAPES: No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, fire escape, or exit way.
F.
SIGNS NOT TO CONSTITUTE VEHICULAR TRAFFIC HAZARD: No sign shall be erected at the intersection of any street, railroad grade crossing, or at any driveway in such a manner as to obstruct free and clear vision of motor vehicles or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words "STOP," "DANGER," or any other word, phrase, symbol, or character in such manner as could interfere with, mislead or confuse traffic (See § 36-18.23, Vision Obstructions).
G.
CONSTRUCTION STANDARDS: All signs, including all parts, portions, units, and material comprising the same together with the frames, backgrounds, supports and anchorage therefor shall be manufactured, fabricated, assembled, constructed and erected in accordance with applicable Building, Electrical, and Fire Prevention Codes of the City of Oakdale; and in accordance with the California Building Code (CBC) and all other future revisions thereof.
1.
All signs constructed over or within five (5) feet of public street or sidewalk shall not have protruding nails, tacks or wires that would constitute a safety hazard. Electrical reflectors and devices may extend over the top and in front of signs.
2.
Solid conduit goose neck reflectors and lights shall be permitted on signs, roof signs, pole signs, and wall signs; provided, that the reflectors shall concentrate the illumination upon the area of the sign so as to minimize glare upon the street or adjacent property.
H.
Nonconforming Signs:
1.
A nonconforming sign shall be any sign which does not comply with the provisions of this section, but was law-fully erected and which was lawfully in existence and in use on the date of the adoption of this chapter.
2.
A nonconforming sign shall not be replaced, altered, reconstructed, relocated or expanded in any manner unless it is made to conform with all the provisions of this section except as follow:
a.
Other nonconforming signs on the same property need not be made to conform as a result.
b.
Change in copy shall be permitted if no structural changes in the sign are necessary except that no change in copy shall be permitted for nonconforming painted wall signs.
c.
Ordinary maintenance and minor repairs which will not increase the normal life of the sign and which are required for safety purposes shall be permitted. Structural alterations to a nonconforming sign are prohibited unless they are made to conform to all requirements of the City Code.
3.
If the use identified by a nonconforming sign is abandoned for a period of not less than ninety (90) days, the sign shall be removed unless it is made to conform to the provisions of this section. If such sign is not made to conform or if it is not removed within one hundred twenty (120) days from the time the use is abandoned, it shall thereafter be unlawful. "Abandoned" shall mean cessation of operation or change of use. "Abandoned" shall not mean an ownership change or a name change as long as there is no cessation of the operation for longer than ninety (90) days and the use is not changed.
I.
The permittee shall be required to agree to indemnify and hold harmless the City from all claims for injuries to persons or damage to property by reasons of accidents resulting from the existence of any sign or other advertising structure owned, erected or maintained by the permittee; or resulting from the negligence or willful acts of the permittee, its agents, employees or workmen, in the construction, maintenance, repair or removal of any sign or other advertising structure erected by virtue of a permit issued under this section.
J.
Portable Signs:
1.
A portable sign, such as A-frame signs, not including attention-getting signs, are permitted provided they comply with the following requirements:
a.
All portable signs require a permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis as long as portable signs continue to be placed upon the premises. An annual permit fee as established by City Council Resolution shall be charged. Applicant shall provide the Public Services Department with sign models and proposed sign locations prior to issuance of the permit. Permits will be issued for those signs meeting the Sign Ordinance criteria.
b.
No portable sign shall affect easements, nor restrict or impede pedestrians or disabled persons. Portable signs shall not restrict the clear vision of pedestrians or vehicles as determined by the Public Services Department.
c.
Portable signs shall be no smaller than twenty-four inches by thirty-six inches (24" x 36") and no larger than thirty-six inches by sixty inches (36" x 60"). Sign size within the allowed parameters may be regulated by the Public Services Department depending on location and safety considerations.
d.
Signs must be finished in appearance and be produced upon a wooden, vinyl or metal structure with professionally produced letters and background which shall include the name of the business and may include products sold or offered. Coloring and lettering shall be of a complimentary nature. No banners may be attached to the portable signs but balloons may be attached so long as the sign and balloon combination does not exceed the allowed sign size.
e.
Each business shall be allowed one (1) sign per entrance, with sign placed within fifteen (15) feet of the primary public entrance or occupied building space, but no business may have more than two (2) portable signs.
f.
Signs shall be displayed only during business hours.
K.
Attention-Getting Signs:
1.
Attention-getting signs may be permitted in lieu of a portable sign provided they comply with the following requirements:
a.
Attention-getting signs require a permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis as long as the sign(s) continue to be placed upon the premises. An annual permit fee as established by City Council Resolution shall be charged. Applicant shall provide the Public Services Department with sign models and proposed sign locations prior to issuance of the permit. Permits will be issued for those signs meeting the Sign Ordinance criteria.
b.
Each business shall be allowed one (1) attention-getting sign per street or right-of-way frontage, but no business may have more than two (2) attention-getting signs.
c.
Attention-getting signs may be located anywhere on the parcel of the respective business or within the commonly managed shopping center with the landlord or property manager's permission.
d.
Attention-getting signs shall not be placed in the public right-of-way or in sight triangles. The signs shall not extend over public sidewalks, alleys, streets, obstruct the view of traffic signals or otherwise endanger the public.
e.
Attention-Getting Signs for New and Used Automobile Lots, Boat and Trailer Sales, and Rental Establishments shall only be subject to those standards as defined in § 36-26.3(M).
2.
Standards:
a.
Size: Maximum height fifteen (15) feet. Maximum area thirty-two (32) square feet per face.
b.
Spacing: Minimum of fifteen (15) feet between related or non-related signs.
c.
Materials: Attention-getting signs shall be constructed of durable materials sufficient to withstand inclement weather, as well as color fading due to sunlight. Metal, wood, plastic and UV-coated nylon are typical materials. Glass and other breakable materials are prohibited. No paper, cardboard, poster board, foam core board or similar materials will be permitted.
d.
Support: Attention-getting signs shall be self-supporting and weighed appropriately to withstand wind or being overturned by contact. Weights, if required, should be incorporated into the sign construction, not applied.
e.
Illumination: Attention-getting signs shall not be illuminated.
f.
Maintenance: Attention-getting signs are subject to the maintenance requirements of § 36-26.7 and shall be removed as soon as torn or damaged.
g.
Display: Signs shall be displayed only during normal business hours and must be removed by close of business each day.
L.
Electronic Message Board Signs:
1.
Electronic Message Board Signs, as defined in § 36-26.2, are permitted subject to the following requirements:
a.
Major Use Permit Required. Electronic Message Board may be permitted with the approval of a Major Use Permit. The provisions of a Major Use Permit are provided in § 36-20.1.
b.
An Electronic Message Board Sign may only be located in the following areas:
(1)
Adjacent to a three (3) and four (4) Lane Arterials, as designated in the Oakdale General Plan, with a lot frontage on the required arterial not less than 200 feet,
(2)
A shopping center of five (5) acres or more, and
(3)
A public and quasi-public use as defined in § 36-.2.2. (For reference, public and quasi-public uses include, cemeteries, churches, corporation yards, fire stations, hospitals, parks, public utility distribution substations, schools, communication equipment buildings, etc.)
2.
Standards:
a.
Size: Electronic Message Board signs shall not exceed forty-eight (48) square feet per each side of sign area.
b.
Height: Electronic Message Board sign face shall not exceed a height of eight (8) feet as measured from the ground. The sign height may exceed this requirement if that portion exceeding (8) feet is an architectural element.
c.
Design: Electronic Message Board signs shall be designed and constructed similar to the design of a Monument Sign as defined in § 36-26.2. The base of the Electronic Message Board sign shall be a solid structure of masonry, stone, or brick. The sign design shall be architecturally consistent with the property in which it is located.
d.
Illumination: An automatic dimming circuit to reduce level of illumination glare between dusk and dawn shall be incorporated into all electronic message board signs. The sign's brightness shall not exceed 0.3 footcandle (over ambient levels) as measured using a footcandle meter at a distance of one hundred (100) feet from the sign face.
e.
Hours of Operation: Electronic Message Board Signs may operate as changeable signs between the hours of 6:00 A.M. and 10:00 P.M. and must be programmed to remain static between the hours of 10:00 P.M. and 6:00 A.M.
f.
Frequency of Change: Copy, Messages, and Video may be changed at a maximum of once each sixty (60) seconds.
g.
Off Premises: Message displayed shall only direct attention to businesses located on the site or business center. No off-site advertising is permitted. Community emergency messages authorized by the Public Services Director are permitted subject to the approval of the property and/or sign owner.
h.
Audio: Use of any audio or sound producing device in conjunction with Electronic Message Board signs is not permitted.
i.
Video: Use of any video images in conjunction with Electronic Message Board signs is not permitted.
j.
Restrictions: Electronic Message Board signs shall be prohibited from containing animated, moving, blinking, or flashing images.
3.
Findings.
In granting any Major Use Permit for electronic message board and video signs, the Planning Commission shall make the following findings:
a.
The sign is designed and located in such a manner that it does not obstruct visibility of pedestrians or vehicular traffic.
b.
The sign as designed and located conforms to all provisions of the Zoning Code and to the goals and policies of the General Plan.
c.
Granting the sign request will not be detrimental to the public health, safety, convenience, or welfare, or injurious to other property or improvements in the vicinity.
d.
Sign design provides for integration with architecture and landscaping of the site to provide a unified architectural statement through the use of such means as consistency of colors, materials, and architectural form.
e.
Any nonconforming or illegal signs located on the site or business center shall be removed in conjunction with the installation of the electronic message board and video sign.
M.
New and Used Automobile, Boat, and Trailer Lots.
1.
Permitted Signs/Advertising Devices. The following additional types of signs/advertising devices are permitted for new and used automobile, boat, and trailer lots subject to the approval from the Public Services Department:
a.
Automobile, boat, and trailer toppers (signs magnetically attached to the top, side, or hood of a vehicle, boat, or trailer) according to the following criteria:
d.
Window stickers, according to the following criteria:
(1)
Unlimited in size and number, as long as stickers are confined to automobile, boat, or trailer window only.
2.
Signs/Advertising Devices Requiring a Permit. The following additional types of signs/advertising devices require a permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis as long as the sign(s) continue to be placed upon the premises:
a.
Pole banners, consisting of vertical fixed panels mounted at the tops and bottom with brackets on private light standards or poles, according to the following criteria:
(1)
No more than one permanent light standard or pole, or two (2) if directly opposite each other.
(2)
May not exceed sixty (60) square feet in total area.
(3)
Must have a minimum vertical clearance of eight (8) feet.
(4)
May not extend above the top of the light standard or pole it is attached to.
(5)
Not permitted off-site or on public utility poles.
b.
Attention-getting signs, according to the following criteria:
(1)
Shall maintain a distance of thirty (30) feet between each attention-getting sign.
(2)
May not exceed fifteen (15) feet in height and eight (8) feet in width.
(3)
May not extend above the top of the light standard or pole it may be attached to.
(4)
Must have a minimum vertical clearance of eight (8) feet.
(5)
Not permitted off site or on public utility poles.
(6)
Shall only be displayed during normal business hours and must be removed by the close of business.
c.
Banners, according to the following criteria:
(1)
No more than one banner per street frontage.
(2)
Each banner shall not exceed a maximum area of seventy-two (72) square feet.
(3)
Banners may not be displayed above the roof line of any building, or above the top of any light standard, or pole sign.
(4)
Banners may be located anywhere on the property that a permanent sign is permitted.
3.
Automobile Rental Establishments shall also be subject to the provisions contained in this section.
4.
Maintenance. All signs/advertising devices permitted by this section shall be maintained to the satisfaction of the Public Services Department at all times.
5.
Review/Approval Process. The Public Services Department review and approval is required for display racks/ramps, tent/awning signs, and any other signs which require a building permit. All other additional signs do not require formal approval as long as they adhere in type, size, location, and number to the standards noted above.
N.
Master Sign Plan.
A master sign plan provides a process for the City's review of, and decisions related to, requests for signs for multi-tenant projects. The intent of a master sign plan is to allow for the integration of a project's signs with the design of the structures to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects.
1.
Applicability.
A master sign plan is required for the following activities:
a.
All new non-residential projects with four (4) or more tenants.
b.
Significant modifications to existing signs or the addition of new signage within an existing non-residential project with four (4) or more tenants.
c.
Major rehabilitation work on an existing non-residential project with four (4) or more tenants that involves exterior remodeling and/or the application proposes modification to existing signs on the site within a one-year period. For the purposes of this section, major rehabilitation means adding more than fifty (50%) percent to the gross floor area of the building(s), or exterior redesign of more than fifty (50%) percent of the length of any facade within the project.
d.
All signs installed or replaced within the non-residential project shall comply with the approved master sign plan.
2.
Review Process.
a.
The application shall include architectural elevations and plans of all proposed signs drawn to scale, with all dimensions noted, and include illustrations of copy, colors, materials, and samples of the proposed colors and materials. The plans submitted shall also show the location of each sign on buildings and the site. Finally, the application shall provide standards for the uniform style, construction, size, and placement of signs within the proposed project.
b.
After receipt of a master sign plan application, the Public Services Director shall render a decision to approve or deny the request within thirty (30) working days. Prior to denial of the application, the director shall identify and request any modifications necessary in order to approve the application. Such a review shall ensure that any sign proposal is in conformance with this title and is consistent with its intent and purpose.
3.
Findings.
A master sign plan, or revisions thereto, may be approved only when the designated approving authority makes all of the following findings:
a.
The proposed master sign plan is consistent with the standards for signs as provided in § 36-26 (Sign Ordinance).
b.
The size, location, and design of the signs are visually complementary and compatible with the scale and architectural style of the primary structures on the site, any prominent natural features on the site, and structures and prominent natural features on adjacent properties in the immediate surrounding area.
c.
The proposed signs are in substantial conformance with the design review criteria provided in this title and any applicable design requirements.
4.
Compliance Requirements.
The Public Services Director may impose requirements when approving a master sign plan to ensure compliance with this title, applicable design guidelines and the General Plan.
5.
Modifications.
The Public Services Director may approve modifications to a previously approved master sign plan that was approved by the Director, Planning Commission or City Council if the director first determines that the modification(s) is minor and that the intent of the original approval, and any applicable conditions are not affected. A new master sign plan shall be required for modifications that would substantially deviate from the original approved master sign plan.