Waterford City Zoning Code
CHAPTER 17
60 SIGNS
§ 17.60.010 Intent.
The location, height, size and illumination of signs are regulated in order to maintain the attractiveness and orderliness of the appearance; to protect business sites from loss of prominence resulting from excessive signs on nearby sites; and to protect the public safety and welfare.
(Ord. 2011-02 §1)
§ 17.60.020 Definitions.
For the purpose of these sign regulations, the following words and phrases shall have the meanings respectively ascribed to them by this section:
means the entire area within a single continuous perimeter enclosing the extreme limits of all elements such as boards or frames, perforated or solid backgrounds, ornamental embellishments, writings, representations, emblems or any figures or similar characters, including any spires, masts, shafts or similar projections, but excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two faces are placed back to back and are at no point more than two feet from one another. The area of the sign shall be taken as the area of one face if the two faces are of equal area or as the area of the larger face if the two faces are of unequal area.
is a freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable; hence they are not considered permanent signs. See Section 17.60.160, Signs in commercial districts.
Any cloth, plastic, paper or similar material used for advertising purposes attached to any structure, staff, pole, line, framing or vehicle, including captive balloons and inflatable signs but not including official flags of the United States, the state of California and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.
means a bench located outdoors with advertising matter thereon.
means a sign used to announce a coming event or attraction or used to convey a specific message related to the building or use of the property on which the bulletin board is located. In all zones, bulletin boards that are displayed so as to be viewed from a public street, highway, parking lot, walkway or mall shall be subject to the sign regulations of the zone in which the building or property is located.
means a shelter, which may or may not be attached to a building and which does not encroach into nor overhang a public street or alley right-of-way.
means a sign attached to or affixed to or hung from a canopy but not projecting from the face of the canopy. A canopy sign shall be parallel to the face of a canopy except for a sign hung under a canopy. If the canopy has a roof slope flatter than forty-five degrees (one horizontal to one vertical), no sign shall project above the face of the canopy. If the canopy has a slope of forty-five degrees or steeper, a canopy sign shall not project above the highest point of the canopy roof behind the sign.
means a sign with the names of the architects, engineers, contractors, subcontractors and financing agencies of buildings and structures being constructed upon the premises on which the sign is located. See Section 17.60.140(C)(3), Special purpose signs.
means a flag identifying a business or firm.
means one or two types of signs. An exterior directional sign shall mean a sign oriented to a street and used to direct and control pedestrian or vehicular traffic and located on the same lot or premises as the use which it is intended to serve. An interior directional sign shall mean a directional, warning or informational sign not bearing any advertising message readable from any street right-of-way. It shall be located on the same lot or premises as the use which it is intended to serve. See Sections 17.60.130, Exempt signs, and 17.60.140, Special purpose signs.
means a sign capable of displaying words, symbols, figures, or images that can electronically or mechanically be changed by remote or automatic means.
means a sign advertising that the subject building or real property or portion thereof is for sale, rent or lease. See Section 17.60.140(C)(1), Special purpose signs.
means a sign detached from any building or structure, and the supports of which are permanently affixed in the ground. See Sections 17.60.150, Signs in residential districts; 17.60.160, Signs in commercial districts; 17.60.170, Signs in industrial districts; and 17.60.190, Temporary signs.
means a sign which is used to advertise the sale of used or secondhand merchandise at dwellings and on residentially zoned property; such sales are also commonly known as patio sales, yard sales, etc.
means the vertical distance from the highest point of the sign.
means any sign which is used to identify or advertises the occupant of a building, lot or premises or the merchandise or activity available at the building, lot or premises where the sign is located.
means any sign which is illuminated whether directly or indirectly by artificial light. See Sections 17.60.040, Illuminated signs; 17.60.050, Motion or simulated motion restricted; and 17.60.100, Prohibited signs.
is a permanent roofed structure attached to and supported by a building and projecting over public property.
means a sign attached to or hung from a marquee but not projecting from the face of the marquee or above the top of the ridgeline of the building. "Marquee sign" also means a sign similarly mounted on any other roof structure that overhangs into public property.
is a flat plate or disk that is ornamented or engraved for mounting as a wall decoration to serve as a remembrance of a person or event normally imbedded into the wall and made of an incombustible material. See Section 17.60.130.
is a specific type of ground sign supported from grade to the bottom of the sign with the appearance of having a solid base. These signs are generally located at the primary entry points to a project, and identify the name of center or group of buildings rather than that of an individual tenant.
means a sign identifying the name of a multiple-family housing project and located within the boundaries of a multiple-family project.
means a sign with the words "open house" and may include an arrow or other directional symbol and real estate office name.
is any sign advertising an establishment, merchandise, service or entertainment which is not sold, produced, manufactured or offered at the property on which the sign is located. See Section 17.60.100(K), Prohibited signs.
means any impermanent sign or advertising device or display, with or without letters, words, numbers or figures thereon, which is designed to advertise a candidate for political office, a political party or a measure scheduled for an election. See Section 17.60.140(B), Special purpose signs.
is any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. See Sections 17.60.100(F), Prohibited signs and 17.60.160, Signs in commercial districts.
means that wall of a building or structure which has frontage on a public street, highway, parking lot walkway or mall, and which is designated by the owner or occupant thereof as the principal frontage of the building or structure for the purpose of Section 17.60.160 of these regulations.
means any of the following:
means the peak of the roof, the top of a parapet, or the top of the wall of a building.
means holiday greetings, decorations and displays such as those which relate to Christmas, Halloween and the like, excluding advertising signs disguised as seasonal decorations. See Section 17.60.190, Temporary signs.
means a grouping or cluster of tenants on a single property comprised of one thousand square feet or more of retail sales area.
means any structure, device, letter, figure, character, poster, picture, trademark or reading matter which is used or designated to announce, declare, demonstrate, display or otherwise identify or advertise or attract the attention of the public.
means a sign indicating the name of a recorded subdivision, the name of the contractor or subdivider, the name of the owner or agent and/or giving information regarding directions, price and/or terms. See Section 17.60.140(C)(4) through (6), Special purpose signs.
means a sign indicating the name of a recorded subdivision and information regarding location. The name of the contractor or subdivider, the name of the owner or agent and/or information regarding price and/or terms may also be noted. See Section 17.60.140(C)(4) through (6), Special purpose signs.
means any banner, pennant, valance, balloon, streamer, placard or similar impermanent or advertising device or display with or without letters, words, numbers or figures thereon which directs, promotes service or price, or which is otherwise designed to attract attention. See Section 17.60.190, Temporary signs.
means any wall or element of a wall or any member or group of members which defines the exterior boundaries or courts of a building or structure and which has a slope steeper than one horizontal to two vertical, with the horizontal.
means any sign painted on, attached to or erected against the wall of a building or structure with the exposed face of the sign in a place approximately parallel to the plane of the wall and which does not project beyond the tip or ends of the wall.
means any sign temporarily displayed on the inside of a window or temporarily painted on a window and facing a street, highway, parking lot, walkway or mall. See Section 17.60.130(E), Exempt signs.
means one of the various classes, districts or areas into which the city has been divided by this title.
(Ord. 2011-02 §1; Ord. 2018-04 §1)
§ 17.60.030 Safety.
All signs shall in no way endanger the health and safety by causing distraction to operators of motor vehicles on the streets and highways. Location, lighting and color of sign shall not cause confusion with public signs and traffic signals.
(Ord. 2011-02 §1)
§ 17.60.040 Illuminated signs.
Any illuminated sign or lighting device shall employ lights emitting a light of constant intensity, which includes deflected lighting. No sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device be so placed or directed so as to permit the beams and illumination there from to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
(Ord. 2011-02 §1)
§ 17.60.050 Motion or simulated motion restricted.
No sign shall simulate movement by means of fluttering, spinning or elective devices. Rotating signs shall be prohibited except barber poles which are subject to planning commission approval.
(Ord. 2011-02 §1)
§ 17.60.060 Encroachment.
Signs shall not extend over street or other public right-of-way or over areas within official plan lines for streets which have been adopted or which hereafter may be adopted, except in those areas where there is not required building setback line and for which official plan lines have not been set.
A.
Signs not attached to a building shall not extend nearer to the curb line than two feet. The signs attached to a building shall not extend into the street or other public right-of-way more than six feet;
B.
Signs permitted to project into street or other public rights-of-way more than two inches shall have a minimum of sixteen feet above public driveways and alleys;
C.
Vertical supports shall not be constructed closer than seven feet behind the curb line.
(Ord. 2011-02 §1)
§ 17.60.070 Sign height.
§ 17.60.080 Square footage determination.
The square footage of a sign made up of letters, words or symbols within a frame itself. The square footage of a sign composed of only letters, words or symbols shall be determined from imaginary straight lines drawn around the entire copy or grouping of such letter, words or symbols. Only those portions of the construction elements that are an integral part of the sign itself shall be considered in the allocation of square footage allowed.
(Ord. 2011-02 §1)
§ 17.60.090 Construction.
All signs shall be structurally safe, shall be of rust-inhibitive material and shall be maintained in good condition in the opinion of the building inspector. It shall further be the responsibility, of the property owner of the land and/or improvements to remove any sign or signs on premises where the use has been discontinued for a period of over thirty days.
(Ord. 2011-02 §1)
§ 17.60.100 Prohibited signs.
A.
Signs constituting a potential traffic hazard by being placed in such a manner as to obstruct free and clear vision of pedestrian traffic, or which simulate in size, color, lettering or design any traffic sign or signal.
B.
Signs within the public right-of-way, including those on street trees, utility poles, street signals, street lights, street name signs, traffic warning signs or sidewalks, except official signs or other signs specifically permitted by Section 17.60.210.
C.
Signs consisting of any moving, swinging, rotating, flashing, blinking or otherwise animated components, except barber poles, clocks or thermometers.
D.
Vehicle signs or signs on/or affixed to trucks, vans, automobiles, trailers or other vehicles which advertise, or provide direction to, a use or activity not related to the lawful making of deliveries or sales of merchandise or rendering of service from such vehicle. Vehicles used for the lawful activities described shall be parked in reasonable proximity to the business they advertise when not in use, as determined by the planning director.
E.
Obstructing signs or signs erected in such a manner that any portion of this surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe or obstruct any required stairway, door ventilator or window.
F.
Roof signs or any signs erected, constructed and maintained upon or over the roofline of any building.
G.
Any sign located on vacant or unoccupied property that was erected for a business which has since vacated.
H.
Indecent signs or signs containing statements, words or pictures of matters considered indecent, immoral, obscene or patently offensive. The planning director in determining whether this provision is applicable will consider location and visibility of the sign.
I.
Outdoor advertising and billboard signs which advertise an establishment, merchandise, service or entertainment which is not sold, produced, manufactured or offered at the property on which the sign is located.
J.
Roof signs.
(Ord. 2011-02 §1)
§ 17.60.110 Signs on vehicles.
Signs painted on or attached to vehicles which are parked on the premises for a period in excess of twenty-four hours shall be considered signs within the meaning of this title and shall be specifically prohibited except such signs as are normally displayed on business vehicles.
(Ord. 2011-02 §1)
§ 17.60.120 Building permit required.
No person, firm or corporation shall erect, construct, enlarge, modify or relocate any sign in the city without first obtaining building permit for each such sign or an exemption from the building official as described.
(Ord. 2011-02 §1)
§ 17.60.130 Exempt signs.
The following signs shall be exempt from the provisions of this chapter:
A.
Official notices authorized by a court, public body or public officer;
B.
Directional, warning or information signs authorized by federal, state or municipal authority;
C.
Memorial plaques and building cornerstones when cut or carved into a masonry surface or when made of incombustible material and made an integral part of the building or structure;
D.
Commemorative symbols, plaques and historical tablets;
E.
Real estate signs are exempt pursuant to Section 17.60.160(C).
(Ord. 2011-02 §1)
§ 17.60.140 Special purpose signs.
The following special purpose signs shall be permitted:
A.
Direction Signs. In any zone, one parking directional sign not exceeding ten square feet in area or six feet in height at each parking area entrance or exit.
B.
Political Sign.
1.
In any residential zone, one unlit sign for each building not exceeding eight square feet. In all other zones, one unlit sign for each building not exceeding thirty-two square feet;
2.
Freestanding signs shall not exceed six feet in height and thirty-two square feet in size;
3.
No sign shall be located in public right-of-way or on unoccupied premises (without consent of the property owner) or be attached to a tree or utility pole;
4.
A political sign shall not be displayed more than ten days after election to which it pertains.
C.
General Real Estate and Development Signs.
1.
For Sale or Rental Signs. One unlighted sign not exceeding six square feet on each street frontage adjoining a site plus one open house sign. Freestanding signs shall not exceed six feet in height;
2.
Commercial Signs. The following regulations apply primarily to single-tenant buildings or multiple-tenant buildings located on sites less than one acre in size. Shopping centers, major singletenant and multi-tenant buildings located on sites more than one acre in size are described in subsection (C)(2)(g) below:
a.
Any number of parallel attached signs is permitted as long as the total area does not exceed one square foot of sign area per lineal foot of primary business frontage and one-half square foot of sign area per lineal foot of secondary business frontage.
b.
Awning, canopy and marquee signs are allowed and considered as attached signs, as long as the sign copy is placed on the vertical portion of fringe. These signs may project into the public right-of-way, to be maintained a minimum height of eight feet above the sidewalk and two feet from the face of the curb.
c.
One monument sign is permitted not to exceed twenty-five square feet in area and six feet in height.
d.
Reader boards are permitted as part of the allowed sign area for the following uses: live or filmed entertainment; sporting events; religious, cultural or educational institutions; hotels/motels; and convention complexes. Reader boards for other types of commercial businesses may be allowed only as approved by the planning director.
e.
In addition to the allowable signs noted above, one freestanding or attached menu board may be permitted for uses with drive-through windows, subject to the approval of the planning director. These signs may not be located within any required setback, may not be located along the primary street frontage and may not be permitted to obstruct traffic visibility. The main function of this type of sign is for customer convenience rather than business advertisement.
f.
Signs more than six feet in height may be allowed for certain uses listed later in this section.
g.
A sign program approved by the planning commission in conjunction with any discretionary permit or approval shall be required of all new commercial and industrial centers consisting of four or more tenant spaces. The purpose of the program shall be to integrate signs with building and landscaping design to form a unified architectural statement. This shall be achieved by:
i.
Using the same background color and generally allowing signs to be of up to three different colors and up to two type styles per multi-tenant center;
ii.
Using similar types of cabinet supports, or method of mounting for signs of the same type, or by using the same type of construction materials for components, such as sign copy, cabinets and supports;
iii.
Using the same form of illumination for all signs;
iv.
Using the same lettering height for all signs;
v.
Major tenants will be permitted to deviate from the sign program to accommodate national trademarks or logos.
3.
Construction Signs. On the site of a project actively under construction, one unlighted sign not exceeding ten square feet in area for each contractor, architect or engineer engaging the project, except that the total area of all signs shall not exceed thirty square feet. Signs may be combined. Freestanding signs shall not exceed six feet in height.
4.
Directional Subdivision Signs. In any zone, unlighted signs advertising subdivisions containing only the name of the subdivision, the name of the developer and/or agent, an identification emblem and directional message shall be permitted, provided:
a.
There shall be no more than three such signs located within separation of one thousand feet within the city limits for each subdivision.
b.
The total height of each sign shall not exceed fifteen feet.
c.
The total area of each sign shall not exceed thirty-two square feet.
d.
Directional subdivision signs may be displayed during the two years following the date of recordation of the final map or until one hundred percent of the lots have been sold, or whichever comes first. The planning commission may consider applications for extensions if such applications are received at least one month prior to the date of expiration of timeframe as described above.
5.
On-site subdivision signs shall be permitted provided there shall be no more than three hundred square feet of total sign area for each subdivision and a total of six signs. Such on-site signs shall be permitted to remain only as long as a sales office is maintained in the subdivision and provided that such signs are maintained in good condition as determined by the building inspector.
6.
Subdivision Entrance Signs. At the major street entrance to a subdivision or development, not more than two signs, each not exceeding twenty square feet in area, incorporated within and not extending above a wall or fence, indicating the name of the subdivision or development. Such signs shall be constructed of materials and affixed to the wall or fence in such a manner as to render them not readily susceptible to vandalism; the developer of the subdivision is responsible for the establishment of a maintenance district to properly manage this activity.
7.
For the purpose of administering this section, apartment or group housing complexes of five units or more shall be considered within the definition of a subdivision.
D.
Special Signs for Religious Assembly Uses.
1.
Electronic message board signs, as defined in Section 17.60.020, are permitted for religious assembly uses subject to the following requirements:
a.
Conditional Use Permit Required. Electronic message board signs may be permitted with the approval of a conditional use permit. The provisions of a conditional use permit are provided in Chapter 17.75.
b.
Location. An electronic message board may only be located in a religious assembly use as defined in Section 17.04.040 and be perpendicular to the public right-of-way/vehicular traffic.
c.
Type. Electronic message board signs shall be designed and constructed similar to the design of a monument sign as defined in Section 17.60.020(U) or a freestanding sign as defined in Section 17.60.020(M).
d.
Size. Electronic message board signs shall not exceed thirty-two square feet per each side of sign area.
e.
Height. Electronic message board signs shall not exceed a height of eight feet as from measured from the ground for a monument sign and thirteen feet as measured from the ground for a freestanding sign. The sign height may exceed this requirement if the portion exceeding eight/thirteen feet is an architectural element.
f.
Design. The following design standards apply for electronic message board signs:
i.
The base of the monument sign shall be solid structure of masonry, stone, or brick. The sign design shall be architecturally consistent with the property in which it is located.
ii.
Freestanding signs shall have a permanently landscaped area at their bases, and shall be maintained with live plant materials with a minimum landscape area of five feet in width from the base in each direction. The minimum square footage for required landscaping shall be equal to or greater than one hundred square feet. Reductions to the required landscape area shall be reviewed and approved by the planning director, such as plaques, architectural features, etc.
g.
Illumination. An automatic dimming circuit to reduce the 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 footcandles (over ambient levels) as measured using a footcandle meter at a distance of one hundred feet from the sign face.
h.
Hours of Operation. Electronic message board signs may operate as changeable signs between the hours of six a.m. and ten p.m. and must be programmed to remain static between the hours of ten p.m. and six a.m.
i.
Frequency of Change. Copy and messages may be changed at a maximum of once each sixty seconds.
j.
Off Premises. Message displayed shall only direct attention to religious assembly use located on the site. No off-site advertising is permitted. Community emergency messages authorized by the public works director are permitted subject to the approval of the property and/or sign owner.
k.
Audio. Use of any audio or sound producing device in conjunction with electronic message board signs is not permitted.
l.
Video. Use of any video images in conjunction with electronic message board signs is not permitted.
m.
Restrictions. Electronic message board signs shall be prohibited from containing animated, moving, blinking, or flashing images.
2.
Findings. In granting any permit for electronic message board signs, the city 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 shall be removed in conjunction with the installation of the electronic message board sign.
E.
Other Special Signs. Flags, emblems, insignias and posters of any nation, state, international organization, political subdivision or other governmental agency, unlighted nonverbal religious symbols attached to a place of religious worship and temporary displays of a patriotic, religious, charitable or civic character shall be exempt from the provisions of this chapter; however, if the height exceeds thirty-five feet, such signs shall be subject to a conditional use permit.
(Ord. 2011-02 §1; Ord. 2018-04 §2)
§ 17.60.150 Signs in residential R districts.
Except as prescribed in Section 17.60.140, Special purpose signs, only the following signs shall be permitted in a residential R district:
A.
Residential Uses.
1.
Single-Family Dwelling Units. One unlighted nameplate not exceeding one square foot in area indicating the name of the occupant. On a site with more than one dwelling unit, nameplates shall not be combined, except by permission of the planning director through approval of a home occupation permit.
2.
Multifamily Dwelling, Apartment Developments, Boarding Houses or Rooming Houses, Dormitories. One unlighted identification sign not exceeding thirty-two square feet in area. Freestanding signs shall not exceed six feet in height.
(Ord. 2011-02 §1)
§ 17.60.160 Signs in commercial C districts.
Except as prescribed in Section 17.60.140, Special purpose signs, only the following signs shall be permitted in a commercial zone:
A.
Commercial and Office Uses in a C District, except Service Stations.
1.
For each shopping center, one freestanding lighted sign indicating the name of the shopping center not exceeding seventy-five square feet in area. Freestanding signs shall not exceed thirty feet in height.
2.
For each retail store or tenant, any number of signs whose aggregate sign area shall not exceed one and one-half square feet of area for each lineal foot of property frontage or portion thereof shall be permitted on the building fronting on a street or parking lot.
3.
Window Signs. Signs in windows not exceeding twenty-five percent of the window area. Coverage of aggregate window area beyond twenty-five percent is not allowed.
4.
Portable signs, including A-frame signs, which are no larger than three feet by three feet in commercial zones and four feet by six feet in highway frontage zones. One A-frame sign is allowed per legal parcel within commercial and highway frontage zones. The sign square footage for permitted A-frame signs is not counted in the total square footage allowed for each business.
B.
Service Stations in Commercial C Districts.
1.
One lighted, freestanding sign not exceeding fifty square feet in area. Such sign shall not exceed thirty feet in height;
2.
Not more than one price sign not exceeding sixteen square feet in area;
3.
Informational or other permanent promotional signs such as those indicating the availability of state approved services or trading stamps shall be permitted up to a combined maximum area of six square feet.
C.
Public and Semi-Public Uses in Commercial C Districts. One lighted sign not exceeding thirty square feet in area. Freestanding signs shall not exceed six feet in height.
(Ord. 2011-02 §1)
§ 17.60.170 Signs in industrial I districts.
Except as prescribed in Section 17.60.140, Special purpose signs, only the following signs shall be permitted in an industrial district:
A.
Industrial Uses.
1.
For each use, one single-faced, lighted wall or canopy sign not exceeding one square foot of area for each lineal foot of building or portion thereof, may be placed on the side of the building facing the principal street frontage up to a maximum of one hundred square feet;
2.
For each use, one lighted, freestanding sign not exceeding seventy-five square feet in area; provided, however, that there be no more than one such sign per lot or parcel of land. Where more than one use is being conducted on a single lot or parcel of land, the permitted sign area for each use shall be combined into one freestanding sign up to maximum of one hundred square feet. Freestanding signs shall not exceed thirty feet in height.
B.
Public and Semi-Public Uses in Industrial Districts. One lighted sign not exceeding thirty square feet in area. Freestanding signs shall not exceed six feet in height.
(Ord. 2011-02 §1)
§ 17.60.180 Signs in mobile home parks.
At the major street entrance to the mobile home park, not more than two lighted signs, each not exceeding twenty square feet in area, may be attached to and not extending above a wall or fence indicating the name of the mobile home park.
(Ord. 2011-02 §1)
§ 17.60.190 Temporary signs.
Temporary signs, as defined in Section 17.60.020(HH) of this chapter, may be authorized in any zone district by the planning director upon issuance of a temporary sign permit. The issuance of a temporary sign permit does not waive nor void any public health or safety regulation of this chapter. Section 17.60.210 applies to all temporary signs except for the following:
A.
For sale or rent sign;
B.
Garage sale sign;
C.
Open house directional sign;
D.
Political sign;
E.
Seasonal sign;
F.
Window sign;
G.
Corporate flag;
H.
Grand opening and special event signs. Temporary signs used in conjunction with a grand opening such as windblown devices and signs whose movement is designed to attract attention, such as pennants, flags, inflatable signs or helium filled balloons, inflatable animals or similar signs are permitted as long as the grand opening does not exceed thirty calendar days. Temporary signs used in conjunction with a special event such as a sidewalk sale may be displayed for a maximum of seven days for four special events per calendar year. Signs displayed in conjunction with permits issued for temporary uses shall be allowed for the specified duration of the use. The permit issued shall specify the number of signs and the date the signs are to be removed. Paper signs tacked or otherwise fastened to the side of a building or bulletin board or outside a window are temporary signs unless enclosed in a frame with a glass, plexiglass or equivalent cover. This sign area will be subject to the wall and canopy sign standards. See Section 17.60.140, Special purpose signs.
(Ord. 2011-02 §1)
§ 17.60.200 Freestanding signs-Commission review.
A.
All freestanding signs except special purpose signs as designated in Section 17.60.140 and permitted signs in residential R districts shall be subject to the review and approval of the planning commission.
B.
The fee for the review shall be as established by resolution of the city council.
C.
In its review, the planning commission shall consider the size, shape, scale and location of the proposed sign as it relates to surrounding land uses in order to insure compatibility between sign and other structures and to reduce possible detrimental effects.
D.
Planning commission review shall not be required where such signs have been approved in conjunction with commission approval of a conditional use permit or variance or other architectural review process.
(Ord. 2011-02 §1)
§ 17.60.210 Freestanding signs-Appeal of commission action.
If after reviewing a proposed freestanding sign, the planning commission should not approve the sign as submitted, or, if the applicant does not agree with the conditions of approval required by the commission, the applicant may appeal the decision to the city council as prescribed in Chapter 17.78.
(Ord. 2011-02 §1)
§ 17.60.220 Maintenance and use of nonconforming signs-Removal without compensation.
A.
Any sign legally established pursuant to any prior ordinance or regulation of the city that fails to conform to the requirements of this chapter shall be allowed continued use, except that any such sign shall not be:
B.
Any legally nonconforming sign which fails to conform to the provisions of this chapter shall be either abated or removed, or in the alternative, brought into compliance with the provisions of this chapter without the payment of any compensation to the owner if any of the criteria set forth in California Business and Professions Code Section 5497, as it presently exists or as it may be amended, are found to exist.
(Ord. 2011-02 §1)
§ 17.60.230 Removal of illegal signs-Procedures.
A.
Illegal Signs. Any sign which was prohibited or illegal at the time of installation, and which does not conform to the provisions of this chapter and any legally nonconforming sign which meets the criteria set forth in California Business and Professional Code Section 5497, as it presently exists or as it may be amended, shall be either abated or removed, or in the alternative, brought into compliance with the provisions of this chapter, without payment of any compensation to the owner, pursuant to the procedure provided herein.
B.
Notice of Violation. The planning director or his/her designee, after conducting an investigation, shall order the abatement and removal of any such sign, or in the alternative, direct that such sign shall comply with the provisions of this chapter, by giving notice of violation to the business owner using said sign and to the owner of the real property upon which the sign is located. The notice of violation shall contain the following information:
1.
It shall describe or otherwise identify the sign and specify the violation requiring its removal or correction.
2.
It shall order that the sign be either removed or that in the alternative, it be brought into compliance thirty days from the date that the notice of violation is mailed.
3.
It shall contain a notice of the right to appeal as provided herein.
C.
Mailing of Notice. The notice of violation shall be sufficient if it is mailed via first class U.S. mail to the business owner at the business address upon which the sign is located and to the property owner at the address shown on the last equalized assessment roll of the county. If there is no known business owner conducting business upon the property, then notice to the owner of the real property as provided herein shall be sufficient.
D.
Appeal. If the business owner and/or the real property owner does/does not agree with the determination of the planning director or his/her designee, either or both such parties may appeal the determination by filing with the office of the planning director a notice of appeal, which notice shall be served and received by the planning director not later than thirty days from the date that the notice of violation was mailed.
E.
Extension of Time. The planning director shall have the authority to extend the thirty-day time period for the removal or correction of a sign if he/she determines that the affected party is acting in good faith. Such extensions of time shall not exceed a total of one hundred twenty days without the prior approval of the planning commission.
F.
Hearing. Upon the timely receipt by the director of a notice of appeal, an administrative hearing shall be set before the planning commission within thirty days of receipt of the said notice of appeal. Written notice of the date of the hearing on the appeal shall be given to the applicant via first class U.S. mail at least ten days prior to the hearing date.
G.
Final Decision. The planning commission shall hear and determine the appeal from the planning director. The planning commission decision may be appealed within thirty days by the business owner and/or the real property owner to the city council, as an appeal from the planning director is appealed to the planning commission. The decision of the city council shall be final.
H.
Removal of Sign. Upon a determination by the planning commission that the offending sign must be removed, or in the absence of an appeal and upon the expiration of the thirty-day compliance period, the city may cause the removal of the sign, either by use of its own personnel or by contracting for its removal with appropriate and qualified contractors. The owner of the real property and the owner of the business upon which the sign is located shall be jointly responsible for all costs and expense incurred by the city for the removal of the sign and the city may cause a lien to be placed against said real property and/or the owner of the business located upon said property.
I.
Storage.
1.
Signs removed by the city pursuant to this chapter shall be stored for a period of thirty days, during which time they may be recovered by the owner upon payment to the city of all costs of removal and storage. The city shall give written notice to the business owner and/or the owner of the real property of their right to reclaim the stored property within thirty days upon the payment to the city of all costs of removal and storage. The written notice so given shall contain a statement of the amount required to redeem said property. Said notice shall be served as provided in subsection C of this section.
2.
If said property is not recovered prior to the expiration of the thirty-day period, the sign and supporting structures shall be deemed abandoned, title thereto shall vest in the city and the city may sell or otherwise dispose of the property as it may determine and apply any proceeds received there from to the satisfaction of its costs and expenses.
(Ord. 2011-02 §1)
§ 17.60.240 Abandoned, dilapidated or unsafe signs, frames, structural members and supporting poles.
A.
Signs considered dilapidated or signs determined to be unsafe and dangerous or hazardous to the public safety or welfare shall either be repaired or removed from the site by the owner, agent or person having the beneficial use of the building, structure or premises upon which such sign may be found within ten days after written notification.
B.
The owner of an abandoned sign shall remove said sign within thirty days after receipt of written notification if there is no further intended use of the sign and its structural portion. However, 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 thirty days after receipt of written notification, make an application to the planning director for an extension of time. Where the owner submits reasonable evidence that he/she is endeavoring to secure a use for the sign (i.e., a new tenant, arrival of new product line, etc.), the planning director may grant extensions of time. The planning director may require as a condition of granting such extensions to paint out, obscure or remove some or all elements of the message or face portion or structural members 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 may require that such work be done within a specified time period after the granting of such extension or the extension shall be invalidated by such failure. The city will follow the same procedures set forth in Section 17.60.230 if the owner fails to comply with removal obligations.
(Ord. 2011-02 §1)