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Willits City Zoning Code

CHAPTER 17

54 - SIGNS

Sections:


17.54.010 - Purpose and findings.

A.

The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the designs, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not located within a building except exempted signs.

B.

The findings and justifications for the various regulations, relative to signs and outdoor advertising signs, as contained in this chapter are as follows:

1.

To provide a reasonable system of controls of signs, integrated within this title;

2.

To encourage signs which are well-designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship and spacing;

3.

To encourage a desirable community character which has a minimum of overhead clutter;

4.

To enhance the economic value of the community and each area of it, through the regulation of such things as size, location, design and illumination of signs;

5.

To attract and direct persons to various activities and enterprises, in order to provide for the maximum public convenience;

6.

To encourage signs which are compatible with adjacent land uses; and

7.

To reduce possible traffic and safety hazards through good signing.

C.

It is recognized that the attractiveness of the community is an important factor of the general welfare of the citizens of the city and that reasonable control of signs is in the public interest.

(Ord. 85-18 §3 (part)).

17.54.020 - Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A.

"Building face" means and includes the general outer surface of a main exterior wall of a building. For example, a building whose plan is rectangular has four main exterior walls and four building faces.

B.

"Directional sign" means a sign that directs, points or guides; e.g., "one-way parking," etc.

C.

"Freestanding sign" means and includes any sign standing on the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts or similar uprights, with or without braces.

D.

"Frontage" means and includes the front of a single-use parcel or commonly used parcel facing toward a public street or public right-of-way. This does not mean the fronts of individual businesses occupying a single parcel.

E.

"Marquee" means and includes any permanent roofed structure attached to and supported by a building and projecting over public property.

F.

"Projecting sign" means and includes any sign, other than a wall sign, which is suspended from or supported by a building or wall and which projects outward therefrom. Any sign suspended under a marquee, porch, walkway covering or similar covering structure and in a place approximately perpendicular to the wall of the adjoining building shall be deemed to be a projecting sign.

G.

"Roof sign" means and includes any sign erected upon or over the roof or parapet of any building, including the roof of any porch, walkway covering or similar covering structure, and supported by or connected to the building or roof.

H.

"Sign" means any object or device or part thereof situated outdoors, and which effect produced by it may be seen by persons upon public rights-of-way or in public areas and which is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct, or attract attention by selected means, including words, letters, fixtures, motion or illumination. A sign also includes cloth banners, balloons, festoons, painted signs, and vehicle advertising signs. The United States flag, or any governmental flag, properly displayed in an approved manner, patriotic bunting, and donor or memorial plaques are not included in this definition, or controlled by this chapter.

I.

The "sign area" of a sign without a border placed on the wall of a building shall be computed by enclosing the sign lettering within sets of parallel lines touching the outer limits of the sign message and computing the area thus enclosed. The "area" of other signs shall be calculated by adding the outer dimensions of all faces capable of presenting a sign message including the standard and frame.

J.

"Special, temporary, or promotional sign" means and includes any sign constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light material, with or without frames, and intended to be displayed outside for no more than four nonconsecutive thirty-day periods in a calendar year.

K.

"Off-premises sign" means any sign identifying a use, facility, service or product which is not located, sold or manufactured on the same premises as the sign.

(Ord. 91-2 §2 (part); Ord. 85-18 §3 (part)).

17.54.030 - Sign permit required.

It is unlawful for any person, firm, or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend or attach any sign within this city without first obtaining from the planning department, a written permit to do so, paying the fees prescribed therefor, and otherwise complying with all the applicable provisions of this chapter.

(Ord. 85-18 §3 (part)).

17.54.040 - Consent of owner.

No person shall erect any sign without first obtaining and filing with the planning director the written consent of the owner, lessee, or person having possession of the property upon which such sign is situated.

(Ord. 85-18 §3 (part)).

17.54.050 - Permit—Application.

An application for a permit for each sign shall be made to the planning department.

(Ord. 85-18 §3 (part)).

17.54.060 - Permit—Fees.

The planning department shall charge a sign permit fee for every authorized sign within the city. The amount of the fee shall be fixed by resolution of the city council.

(Ord. 85-18 §3 (part)).

17.54.070 - Permit—Planning commission review and approval required.

All signs and sign structures proposed in connection with new construction, or additions or alteration(s) of a building shall be reviewed and approved by the planning commission. Prior to the issuance of any sign permit by the planning director, the planning commission shall determine that any signing requested be in keeping with the building design, location, and good sign design. Otherwise, the planning director shall have the authority to review and approve all signs and sign structures not involving new construction, additions or alteration(s) of a building.

(Ord. 85-18 §3 (part)).

17.54.080 - Permit—Issuance.

If the planning director is satisfied that the application for permit of the proposed sign conforms to the requirement of this chapter and the zoning ordinance, and that the fee prescribed by Section 17.54.060 has been paid, the planning director shall issue the requested permit. The applicant shall obtain all building and electrical permits as may be required by the building official.

(Ord. 85-18 §3 (part)).

17.54.090 - Violation—Abatement—Penalties.

Any sign within the city which fails to meet the requirements of this chapter or other applicable state statute or city ordinance, or for which a permit has been obtained in accordance with this chapter shall be subject to abatement through civil legal proceedings as a nuisance or, in the alternative, shall be deemed an infraction punishable by fine as provided by Ordinance 81-7.

(Ord. 85-18 §3 (part)).

17.54.100 - Double permit fee when.

The application fee for a sign permit shall be doubled when the installation of a sign is commenced before obtaining a permit therefor, unless otherwise ordered by the planning department. Provisions of this section shall not limit other methods of enforcement in this chapter.

(Ord. 85-18 §3 (part)).

17.54.110 - Signs exempted.

This chapter shall not apply to the following types of signs:

A.

Directional, warning or informational signs required or authorized by law which are erected by federal, state, county or city authorities;

B.

Official notices issued by any court, public body or officer and posted in the performance of a public duty;

C.

Danger signs, railroad crossing signs and signs erected by public utilities indicating danger or aiding service or safety;

D.

"No trespassing," "no parking" and similar warning signs;

E.

Flags, emblems and insignia of a nation or political subdivision;

F.

Commemorative signs or plaques of recognized historical organizations;

G.

Temporary signs including displays of a civil, patriotic, political, religious or charitable nature;

H.

Signs on licensed commercial vehicles, provided that such vehicles are not used or intended to be used as portable signs;

I.

Small signs depicting trading stamps offered, credit cards accepted, notices of services required by law, trade affiliations, and the like, attached to any building or freestanding sign structure;

J.

Signs on awnings or removable canopies not permanently attached to or built as part of a building, provided that the sign copy is limited to name, occupation, street address, telephone number, date of establishment, and other comparable copy of a nonadvertising nature, which may relate to one or more separate establishments;

K.

Temporary window signs constructed of paper, cloth or similar expendable material;

L.

Signs advertising the price of automotive fuel (gasoline);

M.

Promotional signs may be allowed for any business to promote special commercial activities such as clearance sales or grand openings, for no more than four nonconsecutive thirty-day periods in a calendar year.

(Ord. 85-18 §3 (part)).

17.54.120 - Prohibited signs.

The following signs are prohibited:

A.

Rotating, Moving, Flashing, Changing, Reflecting or Blinking Signs. Signs which rotate, move, flash, reflect, blink, or appear to do any of the foregoing shall be prohibited unless required by law or utilized by a proper governmental agency.

B.

Off-premises Signs. Any sign which does not advertise a use being made, or name of the owner or user, or which does not advertise a product, an interest, service or entertainment available on the premises where said sign is located shall be prohibited unless otherwise authorized herein.

C.

No permit for any sign shall be issued and no sign shall be constructed or maintained which does not comply with all provisions of this chapter or which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the laws of the state or rules and regulations duly promulgated by agencies thereof.

(Ord. 85-18 §3 (part)).

17.54.130 - Placing sign on public streets or public property.

No person shall place, erect or maintain or cause the placing, erecting or maintaining of any sign, except as is permitted by other governmental bodies or agencies, upon any public right-of-way or public area, including streets, sidewalks, alleys, drainageways, parkway areas between the sidewalk and the curb and parks.

(Ord. 85-18 §3 (part)).

17.54.140 - Placing signs on poles, trees, etc.

No person shall attach or maintain any sign, poster or advertisement upon any public utility pole or structure, light pole, lamp, lamppost or tree.

(Ord. 85-18 §3 (part)).

17.54.150 - Signs which block, screen or interfere.

No sign structure shall be so located as to block another sign or block, screen, or interfere with walkways, access or structures on adjacent properties.

(Ord. 85-18 §3 (part)).

17.54.160 - Interference with traffic.

No sign shall be erected or maintained which:

A.

Interferes in any way with traffic; or

B.

Confuses traffic; or

C.

Presents any traffic hazard; or

D.

Obstructs traffic lights or traffic signs or utilizes any type of blinking, flashing light or lights or beacons.

(Ord. 85-18 §3 (part)).

17.54.170 - Residential districts.

No sign shall be erected in any residential district except as provided in this section:

A.

Churches and Quasi-public Organizations. In all residential districts, churches and quasi-public organizations may erect signs, as permitted by this title, on the premises identifying the premises or announcing activities thereon.

B.

Number. In residential districts there shall be no more than one wall sign and one freestanding sign for each property.

C.

Area. The total area of all signs shall not exceed fifteen square feet except for bed and breakfast facilities sign.

D.

Bed and Breakfast Facilities. Bed and breakfast facilities signs shall be limited to eight square feet.

(Ord. 85-18 §3 (part)).

17.54.180 - Real estate signs.

A sign not illuminated, to advertise the sale or lease of property on which it is displayed and not exceeding fifty square feet.

(Ord. 85-18 §3 (part)).

17.54.190 - Projecting signs.

Every projecting sign shall comply with the requirements of this section.

A.

Zones: CO, C1, C2, ML, MN, PF.

1.

Area. No such sign shall exceed 15 square feet.

2.

Height. No such sign shall extend above the top level of the wall upon or in front of which it is situated, or in the case of buildings which have slope roofs, above the roof ridge.

3.

Location. No such sign shall be placed over or above any public sidewalk or public place unless it is situated under or on a marquee, porch, or similar covering structure.

4.

Number. There shall be no more than one such sign per parcel.

(Ord. 85-18 §3 (part)).

17.54.200 - Freestanding signs.

Every freestanding sign shall comply with the requirements of this section.

A.

Zones: CO, C1, C2, ML, MH, PF.

1.

Area. Freestanding signs shall not exceed one square foot of sign area for each two feet of street frontage up to seventy-five square feet.

2.

Height. The maximum height of such signs shall be twenty-five feet.

3.

Location. Every sign shall be wholly on the owner's property.

4.

Number. There shall be no more than one such sign per parcel except automobile dealerships selling new automobiles may have separate freestanding signs to identify different makes of automobiles.

(Ord. 90-1 §2: Ord. 85-18 §3 (part)).

17.54.210 - Wall signs.

Every wall sign shall comply with the requirements of this section.

A.

Zones: CO, C1, C2, ML, MN, PF.

1.

Area. Wall signs shall not exceed two square feet of sign area for each foot of street frontage up to two hundred square feet.

2.

Height. No wall sign shall extend above the roof line of the building to which it is affixed.

3.

Number. There shall be no more than four wall signs per parcel.

(Ord. 91-2 §2 (part); Ord. 85-18 §3 (part)).

17.54.220 - Political signs.

Applicants for political signs, as defined in this chapter, shall comply with the following requirements:

A.

The applicant shall post a twenty-five-dollar cash bond with the city to guarantee removal of the political signs.

B.

Such signs shall not be nailed to trees, fence posts, or public utility poles and shall not be located in the public right-of-way.

C.

No political signs shall be erected sixty days before the election to which they pertain.

D.

All political signs shall be removed within ten days after the election date of the bond posted shall be forfeited and the city shall use whatever part of the bond money as is necessary for removal. Any amount of the bond remaining shall be refunded upon request made within ninety days after the election.

E.

The twenty-five-dollar bond requirement shall also apply to signs located at campaign or party headquarters.

F.

No fee or permit shall be required for the right to erect political signs but the applicant, or his agent, shall file with the planning department a map or sketch or otherwise adequately indicate where the signs will be erected.

G.

Political signs are exempted from all other provisions of this chapter except Sections 17.54.130 and 17.54.140.

(Ord. 85-18 §3 (part)).

17.54.230 - Special permits.

Nothing contained in this chapter shall prevent the city council from granting a temporary special permit or otherwise permitting, on such terms as it may deem proper, signs or the like advertising or pertaining to any civic, patriotic, or special event of general public interest taking place within the boundaries of the city, when it can be found that such signs will not be materially detrimental to the public welfare, interest or safety, nor injurious to adjacent property or improvements. Fees may be waived on approved permits. Signs must be removed ten days after the event.

(Ord. 85-18 §3 (part)).

17.54.240 - Combinations of signs.

On each parcel there shall be permitted the following combination of signs:

A.

Where there is freestanding sign, wall signs shall be permitted.

B.

Where there is no freestanding sign, both wall signs and one projecting sign shall be permitted.

C.

There shall be either a freestanding or projecting sign permitted, but not both.

(Ord. 85-18 §3 (part)).

17.54.250 - Master signing program.

A.

General. In accordance with the provisions of this chapter, signs may be allowed in commercial and industrial districts and for quasi-public uses in any district as part of a comprehensive master program, notwithstanding that such signs do not conform to all the specific regulations applicable in general to free-standing signs, wall signs, and other signs allowed pursuant to this section. A master signing program is a voluntary, optional alternative to the general sign regulations, intended to encourage the maximum incentive and latitude in order to achieve variety and good design. Exceptions to the general sign regulations may include, but are not necessarily limited to, the number of signs, height, location, sign area, illumination; provided, however, that notwithstanding the power of the planning commission to approve such specific exceptions, a master sign program shall be in substantial compliance with the general sign regulations and the planning commission finding that each and all such exceptions will accomplish the general objectives of these regulations.

B.

Application. A master signing program may be allowed only for a site (building improvements and the lot upon which located) which comes within at least one of the following categories:

1.

One main building containing at least three separate uses;

2.

One or more uses located above the ground floor of a main building;

3.

At least two main buildings upon a lot with a separate use in each building.

C.

Finding required. The planning commission shall, prior to the approval of a master signing program, make the following findings in regard to the design of the signs to be maintained upon the site:

1.

Architectural style. That each sign is designed with an intent and purpose to relate the sign to the architectural style of the main building(s) upon the site, and to the extent not inconsistent with such style, that the sign will be compatible with the style or character of existing improvements upon lots adjacent to the site;

2.

That, consistent with such architectural style, each sign is designed to incorporate at least one of the predominantly visual elements, such as type of construction material, color or other design details. That any sign maintained upon a building have dimensions which are proportional to and visually balanced with the building facade of the side of the building upon which sign is maintained;

3.

Relationship to other signs. That each sign is well related to other signs maintained upon the master signing program site by the incorporation of not less than four of the following seven identified elements:

a.

Materials,

b.

Lettering of sign copy,

c.

Color,

d.

Illumination,

e.

Method used for structural support or attachment,

f.

Technical details of sign construction,

g.

Shape of entire sign and its several components.

D.

The planning commission may attach appropriate and reasonable conditions to any approval of the master signing program, including but not limited to, conditions which alter sign configurations, reduce the sign area, relocate signs upon the lot or buildings, or require other design modifications. The planning commission shall exercise a high degree of discretionary judgment in the review of a proposed master signing program and may decline to take action itself to approve, deny or conditionally approve any such program.

(Ord. 85-18 §3 (part)).

17.54.260 - Classification of signs.

Every sign erected or proposed to be erected shall be classified by the planning director in accordance with the provisions of this chapter. Any sign which does not clearly fall within one of the classifications provided in this chapter shall be placed in the classification which the sign, in view of its design, location and purpose, most nearly approximates.

(Ord. 85-18 §3 (part)).

17.54.270 - Construction and maintenance.

A.

The appropriate sections of the building code shall apply to the construction of signs. Guy wires or horizontal struts shall not be used. Signs and sign structures shall be maintained at all times in a state of good repair, with all braces, bolts, and structural parts and supporting frames and fastenings free from deterioration, rot, rust and loosening. Without limiting the foregoing, no person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a sagging, leaning, fallen, decayed, deteriorated or other dilapidated or unsafe condition.

B.

Inspection. The planning director or his authorized representative may at any time make such inspections as may be necessary or appropriate to ascertain whether any sign will comply or is complying with this chapter and other applicable laws.

(Ord. 85-18 §3 (part)).

17.54.280 - Nonconforming signs.

All signs existing on the effective date of this chapter which do not conform to the standards set forth in this chapter shall be deemed to be legally nonconforming.

(Ord. 85-18 §3 (part)).

17.54.290 - Modification of nonconforming signs.

No nonconforming sign shall be in any manner altered, reconstructed, moved or its face changed without being made to comply in all respects with this chapter. Normal maintenance or repair of any nonconforming sign is not prohibited by this section.

(Ord. 85-18 §3 (part)).

17.54.300 - Abandoned signs.

No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which has been abandoned. Any such sign shall promptly be abated by the owner or such other person. Any sign which is located on property which becomes vacant and unoccupied for a period of three months or more, and any sign which was erected for an occupant or business unrelated to the present occupant or his business, and any sign which pertains to a time, event or purpose which no longer obtains, shall be presumed to have been abandoned.

(Ord. 85-18 §3 (part)).

17.54.310 - Change of use.

Any sign for a use which has been changed, and where new signs or sign copy are required, shall be made to conform with the regulations contained in this chapter upon its replacement, repair or reconstruction.

(Ord. 85-18 §3 (part)).

17.54.320 - Destruction of signs.

If a sign is damaged or requires repairs exceeding fifty percent of its market value, it either shall be brought into conformity with this chapter or removed.

(Ord. 85-18 §3 (part)).

17.54.330 - Unsafe and unlawful signs.

Whenever a sign is found to be erected or maintained in violation of any provision of this chapter or of any other ordinance or law, the planning director shall order that such sign be altered, repaired, reconstructed, demolished or removed as may be appropriate to abate such condition. Any work required to be done shall, unless a different time is specified, be completed within fourteen days of the date of such order. Failure, neglect or refusal to comply with such order of the planning director shall be sufficient basis for the revocation of any permit granted under this chapter and shall constitute a separate offense. In addition to any other remedies provided by law, the planning director shall have the power and authority summarily to remove, or cause to be removed, at the owner's expense, any sign erected or maintained in violation of the provisions of this chapter.

(Ord. 85-18 §3 (part)).

17.54.340 - Parking of advertising vehicles prohibited.

No person shall park any vehicle which has attached thereto or suspended therefrom any advertising sign on the street or on private property to display, demonstrate, advertise or attract the attention of the public.

(Ord. 85-18 §3 (part)).

17.54.350 - Variances.

A.

A request for a variance from the strict application of the terms of this chapter may be granted, granted subject to conditions, or denied by the planning commission. No variance may be granted unless the planning commission makes a written finding entered in its minutes that:

1.

Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this chapter deprives the property or privileges enjoyed by other property in the vicinity;

2.

The variance granted shall be subject to such conditions as will assure that the adjustments thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such properties in the vicinity and zone are situated.

B.

A variance may be granted for a specified period of time, subject to specified conditions to accomplish the purpose of this section, and subject to reasonable guarantees of compliance with such conditions.

C.

Application for a variance shall be filed in the planning department upon a form provided, and shall be accompanied by a filing fee, and by such other information as may be required to describe fully the proposed variance.

D.

Upon receipt of such application, the planning secretary shall set the matter for public hearing by the planning commission. Notice of the time and place of the hearing shall be given at least ten calendar days before the hearing.

(Ord. 85-18 §3 (part)).