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Ord 82ORDINANCE NO. 82 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA ESTABLISHING COMPREHENSIVE SIGN REGULATIONS AND REPLACING SECTIONS 6200-6289 OF THE COUNTY ZONING ORDINANCE AND RESCINDING RESOLUTIONS 261 AND 262 THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1. That Exhibit A attached hereto, consisting of Sections 6200 through 6217, is hereby approved and adopted as the Poway Sign Ordinance. Section 2. That this ordinance shall be codified. Section 3. This ordinance shall take effect and be in force on the thir- tieh day from and after its final passage. Section 4. The City Clerk of the City of Poway is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing the Poway News-Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 25th day of January, 1983, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 8th day of February, 1983, by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: EMERY, KRUSE, ORAVEC, TARZY, SHEPARDSON NONE NONE Mary L. ~pards~fn, Mayor Marjori~ K. Wahlsten, City Clerk COI(PRBHKIISX~ SXGB m~t~UI'.&TXOIIS TAIJL]~ OF COB'~IKIUTS 6200 TITLE AND PURPOSE 6203 DEFINITIONS 6205 PERMIT REQUIREMENTS AND REVIEW PROCEDURES a. Major Review/Minor Review/Building Permits Required b. Method of Application c. Method of Review 6207 PAGE 6209 GENERAL PROVISIONS a. Exempt Signs 11 b. Prohibited Signs 16 c. Signs Relating to Inoperative Activities 18 d. Enforcement, Legal Procedures, and Penalties 18 e. Construction and Maintenance 18 6211 SIGN REGULATION 19 a. Signs Permitted in all Zoning Districts 19 1. Convenience Signs 19 2. Comprehensive Sign Program for Commercial and Industrial Zones 19 3. Special Event Signs 20 4. On-Site Subdivision Signs 21 5. Off-Site Subdivision Directional Signs 21 b. Signs Permitted in Single Family Residential Zones 24 c. Signs Permitted in Multiple Family and Mobile Home Park Zones 24 d. Signs Permitted in the Commercial Zones 25 e. Signs Permitted in the Industrial Zones 27 6213 DESIGN STANDARDS 28 a. Relationship to Buildings 28 b. Relationship to Other Signs 29 c. Landscaping 29 d. Illumination and Motion 29 e. Sign Copy 29 f. Relationship to Streets 29 EXHIBIT A ORDINANCE 82 Adopted 2-8-83 ADMINISTRATION l0 a. Director of Planning Services 10 b. Interpretation 10 c. Variance 11 d. Appeal 11 6215 CORPURHKBS'rvK SXGu uRGULAT'rOB-q TABLE OF CONTEUTS Continued NONCONFORMING SIGNS a. Intent b. General Requirements c. Amortization Requirements d. Historical Signs 6217 CONTINUED FORCE AND EFFECT PAGE 30 30 30 30 32 33 6200 (~OI(pO~HEI~S'tvIG SXGB~ RBGULATI'OHS 6200 TITLE AND PURPOSE. The provisions of Section 6200 through 6217, inclusive, shall be known as the Comprehensive Sign Regulations. It is the purpose of these provisions to establish a comprehensive system for the regulation of on-site and off-site signs. The City of Poway recognizes the need for signs as a means to identify businesses within the community. However, the City also recognizes that signing is an important design element of the physical environment. Regulations consistent with the goals and objectives of the community are necessary to ensure that the rural character and image the community is striving for, can be attained. It is the purpose of this chapter to make Poway attractive to residents, visitors, and commercial, industrial and professional businesses while maintaining economic stability through an attractive signing program. Specifically, the purposes of this chapter are to: ao be do Protect the general public health, safety and welfare of the community; Reduce possible traffic and safety hazards through good signing; Direct persons to various activities and uses, in order to provide for maximum public convenience; Provide a reasonable system of sign regulations, to ensure the development of a high quality visual environment; ee Encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship to the business or use it identifies, and spacing between signs and buildings; fo Encourage a desirable rural character which has a minimum of clutter; ge Enhance the economic value of the community and each area, business and use thereof, through the regulation of such elements as size, number, location, design and illumination of signs; and he Encourage signs which are well located, and take into account the service and usage of adjacent areas. -1- 6203 DEFINITIONS The following are definitions of terms contained in this chapter. ae Advertise: Any notice to the public for the purpose of increasing sales or business, announcing the availability of a service or product, or making claims as to the value or quality of any service or product. Advertising Structure: An on- or off-site structure of any kind or character other than the main business identification sign, erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary for advertising purposes. c. Animated Sign: See Flashing Sign. de Area of Signs: The area of a sign shall include the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure or character, together with any other material or color forming an integral part of the display or used to differentiate such sign from the background on which it is placed. The area of a sign having no such perimeter shall be computed by enclosing the entire area within parallelograms, triangles or circles in a size sufficient to cover the entire area and computing the size of such area. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one (1) time. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any cylindrical sign the total area shall be computed on the total area of the surface of the sign. Banner, Flag, Pennant or Balloon: Any cloth, bunting, plastic, paper or similar material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, or vehicle, not including flags as described in Section 6209a16. Billboard: An off-site sign of any kind erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever is placed. -2- Building Face and/or Frontage: The area of the front building elevation in which the business is located and which faces a street or parking lot excluding driveways and aisles. If more than one business is located in a single building, then such area shall be limited to that portion which is occupied by each individual business (see illustration below). IIllilllllllllllllllll ~ Illliill II11 |Iii II IlliF-I ~ je Business Center: A development in which businesses and structures are designed as an architecturally integrated and interrelated development. Such design is independent of the number of structures, lots, or parcels making up the center. Business Directory Sign: A sign located in a multi- tenant complex which lists each business and address located therein. Business Identification: An on-site sign which identifies the business, use, or service located thereon. Canopy: A permanent roof-like structure extending from part or all of a building face and constructed of durable material which may not project over a public right-of-way. Canopy Sign: A wall sign attached to the face of a canopy but not projecting above the top of the canopy. Comprehensive Sign Program: A unified sign program developed to integrate signs with building and landscaping design to achieve architectural unity. -3- re te Construction or Contractor Sign: A temporary sign which states the names of the individuals and/or firms connected with the construction of a project. Such sign may include the name of the project, the lender, the contractor, the architect, address of the business, and the emergency telephone number. Convenience Sign: A sign which conveys information such as "restrooms," "no parking" or "entrance," with or without the business identification. It shall not contain brand, trade, or advertising and shall be designed to be viewed on-site by pedestrians and/or motorists. Copy: Any words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign. Directional Sign: A sign which contains words such as "entrance," "enter," "exit," "in," "out," or other direction co~m~ands, with or without business identification, or a sign containing arrows or characters indicating traffic directions and used either in conjunction with such words or separately. No directional sign shall contain any advertising. A subdivision directional sign (kiosk) shall not be included in this category. Director of Planning Services: Shall mean the Director of Planning Services Department of the City of Poway. Flashing Sign: Any sign which contains or is illuminated by lights which are intermittently on and off, which change intensity or color, or which create the illusion of motion in any manner, including animated signs but not including time and temperature signs as described in Section 6209a19 and 6209a20. Freestanding Sign: A sign which is permanently supported by one (1) or more uprights, braces, poles, or other similar structural components that is not attached to the building or buildings which it defines. Future Tenant Identification Sign: A temporary sign which identifies a future use of a site or building. Grand Opening: A promotional activity not exceeding thirty (30) calendar days used by newly established businesses, within six (6) months after occupancy, to inform the public of their location and service available to the community. Grand Opening does not mean an annual or occasional promotion of retail sales by a business. -4- w. Height of a Sign: The greatest vertical distance measured from the finished grade of the sidewalk when located within the required setback area or the greatest vertical distance measured from the grade at which the sign supports intersect the ground when located beyond the required setback area including any accompanying architectural features of the sign. x. Inoperative Activity: A business or activity that has ceased operation, except for temporary closures for repairs, alterations, or other similar situations at any given location for a period of at least 30 days. y. Interior Sign: A sign inside of any business that is not intended to be read or visible from outside the building in which the business is located. z. Legal: Authorized or permitted in accordance with defined procedures by ordinance or law. aa. Logo: A trademark or symbol used to identify a business. bb. Major Review: A method of review by the City Council to determine conformance with applicable ordinances. cc. Minor Review: A method of review by the Director of Planning Services to determine conformance with applicable ordinances. dd. Monument Sign: A low profile freestanding sign, with its base resting on the ground, incorporating the design and building materials complementary to the architectural theme of the buildings on the same property. ee. Nonconforming Sign: A sign that does not comply with the provisions of this chapter. ff. Off-Site Sign: A sign which advertises or directs attention to products or activities that are not provided on the parcel upon which the sign is located. Bus benches with advertising are included within this definition. gg. Off-Site Subdivision Sign: A sign in accordance with this chapter, which directs traffic to a subdivision within the City of Poway. hh. On-Site Subdivision Sign: A sign which identifies the subdivision upon which the sign is located. -5- ii. kk. 11. nn. PP- qq. rt. ss. rt. Parapet Wall Sign: See Wall Sign. Parkway: That area of a public street that lies between the curb and sidewalk or between the sidewalk and the property line of the adjacent property owner, which is used for planting purposes. Pedestrian Traffic Sign: A sign subject to the size limitations listed in this chapter, which is other than the main business identification sign, and which is oriented to pedestrian traffic. Such sign shall not include any advertising information. Pole Sign: See Freestanding Sign. Political Sign: A sign erected prior to an election to advertise or identify a candidate, campaign issue, election proposition, or other related ballot matters. Portable Sign: A sign not attached or not designed to be permanently attached to a structure or to the ground. Public Right-of-way: A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other public uses. Readerboard or Changeable Copy Sign: A sign intended for a periodically changing advertising message; a sign on which copy is electrically changeable or consists of track to hold manually changeable letters. Real Estate Sign: A temporary sign advertising the sale or lease of the property upon which it is located, and the identification of the firm handling such sale, lease, or rent. Revolving Sign: A sign, which all or a portion of, may rotate either on an intermittent or constant basis. Roof: The external covering of a building or structure above or covering any exterior or interior vertical wall height. Roofline: The top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette. -6- UU · Roof Sign: A sign erected, constructed, or placed upon or over a roof, or placed so as to extend over or above the roofline, which is wholly or partly supported by such buildings, not including a mansard roof or canopy if it is architecturally integrated with the roof. (See illustrations below). -7- VV o XX · yye ZZ. aaa. Sign: Any mark on any card, cloth, paper, metal, or painted character visible from outside of a structure, mounted to the ground or any tree, wall, bush, rock, fence, or structure, either privately or publicly owned. Sign shall also mean any graphic announcement, declaration, demonstration, display, illustration, or insignia, used to promote the interest of any person when the same is placed out of doors in view of the general public. Special Event Signs: A temporary sign which advertises special events and activities such as grand openings, charitable events, and Christmas tree sales. Such signs are limited to the provisions listed in this chapter and the Zoning Ordinance. Statuary: Statues or sculptures that depict products, features, items, or logos of a business excluding those items that are considered design features or complements of the overall site such as wagons, benches, hand water pumps, troughs, and other like items. Temporary Signs: A sign erected for a temporary purpose attracting attention to an activity as provided for within this chapter. Useful Life: The period of time in which a sign and all its parts, portions, and materials are maintained and kept in proper repair as specified in Section 6209e2 of this chapter. Wall Sign: A sign painted on, at against the wall of a building or exposed face of the sign parallel wall. A parapet, mansard, or car be considered a wall sign, provid architecturally integrated with not project above the roofline. tached to, or erected structure with the to the plane of said opy wall sign shall ed they are he building and do bbb. Window Sign: A sign painted, attached, glued, or otherwise affixed to a window for the purpose of being visible from the exterior of the building. ccc. Vehicle Sign: A sign which is attached to or painted on a vehicle. -8- 6205 PERMIT REQUIREMENTS AND REVIEW PROCEDURES a. Major Review/Minor Review/Building Permits Required: Major Review shall be required for all new freestanding signs, greater than eight (8) feet in height, and for new comprehensive sign programs and amendments thereof. Signs requiring Major Review shall comply with the provisions of this chapter and all other applicable laws and ordinances. Building permits may be required. 2e Minor Review shall be required prior to the placing, erecting, moving, repair, or reconstructing of any sign in the City, if a.1 above does not apply or is expressly exempted by this chapter. Signs requiring Minor Review shall comply with the provisions of this chapter and all other applicable laws and ordinances. Building permits may be required. Method of Application: An application for Major Review, or Minor Review and building permits shall be made on forms as prescribed by the Director of Planning Services. Such an application shall be filed with the Planning Services Department with applicable plans as required by the Planning Services Department. Said application shall be accompanied by any fees or bonds as specified by City Council Resolution. Method of Review: The purpose of Major Review and Minor Review is to help insure compliance with the provisions of this chapter. Major Review: Within fifteen (15) working days after receipt of all required materials of a sign application, the Director of Planning Services or a designated representative shall prepare a report to the City Council recommending approval, approval with modification, or denial of such sign request. Minor Review: Within fifteen (15) calendar days after receipt of all required materials of a sign application, the Director of Planning Services or a designated representative shall render a decision to approve, approve with modification, or deny such sign request. Such review shall insure that any sign proposal is in conformance with this chapter, is consistent with its title and purpose, -9- 6207 and conforms to current Uniform Building Code requirements. In cases where the placing, erecting, moving, or reconstructing of a sign does not require the issuance of a building permit, the Director of Planning Services or a designated representative shall render a decision to approve, approve with modification, or deny such sign request within ten (10) working days. For sign permits that meet all the requirements of an approved Comprehensive Sign Program, the permit shall be issued within five (5) full working days from the date of application. ADMINISTRATION Director of Planning Services: It shall be the responsibility of the Director of Planning Services or his designee to enforce all provisions of this chapter. At the discretion of the Director, any sign request may be referred to the City Council for their review and approval. 1. Rehearing by City council on Referral of Director: In cases where a request for a permit has been referred to the City council for decision, their action is final. The City Council may rehear and reconsider its action on such sign permit when new and different information or evidence not available at the time of the previous decision exists. Such a rehearing shall be requested in writing by the applicant or other interested party within ten (10) calendar days after the City council decision. Such request for rehearing shall be made on the forms prescribed by the Planning Services Department and fees shall be paid in accordance with the fee resolution. This submission of the application and fees to the Director of Planning Services shall constitute the filing of the request for rehearing. The City Council shall review such request within thirty (30) calendar days at a regularly scheduled meeting and decide whether the information constitutes the need for a rehearing and render a decision at that time or schedule the matter for a future meeting. The City Council's action may be to uphold, modify or reverse their previous decision. Interpretation: The provisions of this chapter are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this chapter. -10- 6209 Whenever the application of this chapter is uncertain due to ambiguity of its provisions, the question shall be referred to the City Council for determination. best fulfills the intent of this chapter. Ce Variance: Applications for a variance from the terms of this chapter shall be reviewed by the City Council according to the variance procedures as set forth in the Zoning Ordinance. Variances may be granted only for sign location and other similar performance standards, except area and height, when the City Council finds that the granting of such a variance will not be contrary to the title and purpose of this Ordinance, in addition to the other required findings for granting a variance. All variances may be conditioned to expire with the change of copy for the use, be reviewed on a periodic basis or be required to conform to this chapter upon change of ownership, and/or shall automatically expire upon any designated period of time. de Appeal: A decision of the Director of Planning Services may be appealed to the City Council within ten (10) calendar days of such decision. Such appeal shall be made on the forms prescribed by the Planning Services Department and fees paid in accordance with the fee resolution. The submission of the application and fees shall constitute the filing of the appeal. The City Council shall review such appeal within thirty (30) calendar days at a regularly scheduled meeting. The City Council shall either uphold, reverse, or modify the Director's decision. GENERAL PROVISIONS Exempt Signs: The following signs shall be exempt from the application, permit, and fee requirements of this chapter; an electrical and/or building permit may be required. Any signage in excess of the specific exemptions listed herein are prohibited. Permanent window signage not exceeding twelve (12) square feet per business frontage and limited to the name of the business, service, or use, hours of operation, address and emergency information, except exposed neon tubing signs advertising products for sale on the premises, are permitted as permanent signs. -11- Temporary advertising signage painted on the window or constructed of paper, cloth, or similar expendable material affixed on the window, wall, or building surface, provided that all of the following conditions are met: (a) The total area of such signs shall not exceed twenty-five (25) percent of the window area, however, in all cases twelve (12) square feet per business frontage is permitted. b) Such signs shall be affixed to the surface for no more than thirty (30) continuious calendar days but for no more than sixty (60) days each calendar year, to promote a particular event or sale of product or merchandise. 3. Real Estate Signs for Residential Sales: One (1) 4e sign per street frontage not exceeding four (4) square feet in area and five (5) feet in height, provided it is unlit and is removed within fifteen (15) days after the close of escrow or the rental or lease has been accomplished. Signs placed on the rear street frontage are prohibited. Open House signs not exceeding four (4) square feet in area and five (5) feet in height are permitted for directing prospective buyers to property offered for sale. Political Signs: Political signs having to do with any issue, ballot measure, political statements and expressions, or candidate in any Municipal, County, State or Federal election shall be permitted subject to the following provisions and any other applicable provisions within this chapter. (a) Any person, party or group posting signs in the City shall abide by the provisions herein setforth. (b) Ail political signs shall be placed, erected constructed, painted or assembled, no earlier than thirty (30) calendar days prior to the election and shall be removed no later than ten (10) calendar days following the date of the election. (¢) A political sign shall not exceed thirty-two (32) square feet in total area for one side; double-faced signs shall not exceed thirty-two (32) square feet per side. No signs shall be placed in a manner that would obstruct visibility of or impede pedestrian or vehicular traffic, or to endanger the health, safety, or welfare of the community. -12- (d) Ail political signs shall not exceed an overall height of eight (8) feet from the finished grade immediately around the sign. No political signs shall be lighted either directly or indirectly unless said sign is erected, painted or constructed on an authorized structure already providing illumination. (f) No political sign shall be placed or affixed to a traffic signal, street light, tree, fence, utility pole or existing sign, nor shall be posted on any public property or in the public right-of-way, if in the opinion of the Directors of Planning and Public Services said sign impedes or renders dangerous public access to any public improvement, including but not limited to utility poles and fire hydrants; or obstructs the vision of any sign designed to regulate, control or assist public or private transportation or obstructs the vision of any user of a public right-of-way. (g) No political sign shall be posted in violation any provisions of this chapter. Further, the Director of Planning Services or his designee shall have the right to remove all signs placed contrary to the provisions of this section. Any political sign placed on private property without the consent of said private property owner may be removed by said owner or representative of said owner. Contractor or Construction Signs: For residential projects greater than four (4) dwelling units, commercial, and industrial projects, two (2) directory signs shall be permitted on the construction site for all contractors (may include financial institutions, real estate agents, subcontractors, etc.) not exceeding thirty-two (32) square feet each, unless legally required by government contracts to be larger. No sign shall exceed eight (8) feet in overall height and shall be located no closer than ten (10) feet to any property line. Such sign shall be removed upon the granting of occupancy by the City. For all other projects, a total of two (2) signs per development site may be installed with a maximum of four (4) square feet in area and (5) feet in height for each sign. Such sign(s) shall be removed upon finalization of building permits. -13- Future Tenant Identification Sign: Future tenant identification signs may be placed on vacant or developing property to advertise the future use of an approved project on the property and where information may be obtained. Such sign shall be limited to one (1) per parcel and to a maximum of thirty-two (32) square feet in area and eight (8) feet in overall height. Further, such signs shall be placed no closer than ten (10) feet to any property line. Any such sign shall be removed upon finalization of building permits. Where a project has in excess of 600 lineal feet of frontage, one additional sign for each 600 lineal feet is allowed. 7. Real Estate Signs for Sale of Commercial or Industrial Property: One (1) sign per street frontage not to exceed thirty-two (32) square feet in area to advertise the sale, lease, or rent of such property. No such sign shall exceed eight (8) feet in overall height and shall not be located within of the public right-of-way. Where a property has in excess of 600 lineal feet of frontage, one additional sign for each 600 lineal feet is allowed. Interior signs within a structure or building when not visible or readable or intended to be read from off-site or from outside of the structure or building. 9. Signs identifying a business, service or use no greater than four (4) square feet in area may be permitted. Said signs shall not be visible from the the public right-of-way, shall be attached to the main building, shall be for pedestrian traffic, and shall not otherwise require a building permit. 10. Memorial tablets, plaques, or directional signs for community historical resources, installed by a City recognized Historical Society or civic organization. 11. Convenience signs and directional signs not exceeding four (4) square feet in area. 12. Residential building identification signs used to 13. 14. identify individual residences and not exceeding four (4) square feet in area. One name plate per parcel not exceeding four (4) square feet in area for single family residential uses and agricultural uses. Official and legal notices issued by any court, public body, person, or officer or in futherance of any nonjudicial process approved by state or local law. -14- 15. Signs providing direction, warning, or informational 16. 17. 18. 19. signs or structures required or authorized by law or by law or by Federal, State, County, or City authority. A single official flag of the United States of America and/or two (2) flags of either the State of California, or other states of the United States, counties, municipalities or offical flags for nations, and flags of internationally and nationally recognized organizations or the company flag. Flags shall be a maximum of five (5) feet by eight (8) feet. Signs of public utility companies, indicating danger or which serve as an aid to public safety, or which show locations of underground facilities or public telephones. Safety signs on construction sites. One (1) freestanding Time and Temperature sign that conveys time and temperature only and not exceeding twelve (12) square feet in area nor fifteen (15) feet in height, or not higher than the roofline, whichever is less, when combined with business identification in accordance with Section 6211, and counted toward sign area for the freestanding sign. 20. One (1) wall mounted Time and Temperature sign that 21. 22. 23. 24. 25. conveys time and temperature only not exceeding twelve (12) square feet in area when combined with business identification in accordance with Section 6211, and counted toward sign area for the wall sign. "No tresspassing," "no parking," and similar warning signs not exceeding four (4) square feet. Signs on public transportation vehicles regulated by a political subdivision, including but not limited to buses and taxicabs. Signs on licensed commercial vehicles, provided such vehicles are not used or intended for use as portable signs or as may be prohibited in Section 6209b. A change of copy conforming to an approved Comprehensive Sign Program. All other changes of copy shall comply with Section 6205. Incidental signs for automobile repair stores, gasoline service stations, automobile dealers with service repairs, motels and hotels, showing notices of services provided or required by law, trade affiliations, credit cards accepted, and the like, attached to a freestanding sign, structure or building; provided that all of the following conditions exist: -15- (a) The signs number no more than four (4). (b) No such sign projects beyond any property line. (c) No such sign shall exceed an area per face of four (4) square feet. 26. Copy applied to fuel pumps or dispensers by the 27. manufacturer such as fuel identification, station logo, and other signs required by law. Agricultural signs, either wall or freestanding types, nonilluminated, and not exceeding four (4) square feet for lots two (2) acres or less and sixteen (16) square feet for lots greater than two (2) acres, identifying only the agricultural products grown on the premises. The number of such signs shall be one (1) per street frontage or a maximum of two (2), with wall signs to be located below the roofline and freestanding signs to be no higher then eight (8) feet. Prohibited Signs: Ail signs not expressly permitted are prohibited in all zones, including but not limited to the following: Roof signs. Flashing signs (except time and temperature signs). Animated signs (conveying the illusion of motion). Revolving or rotating signs. Vehicle signs (when parked or stored on property to identify a business or advertise a product). Portable signs (except where permitted in this chapter). Off-site signs (except temporary subdivision chapter). Signs within the public right-of-way (except those required by a governmental agency). No sign shall be so placed, erected or constructed on a utility pole, traffic device, traffic sign, warning sign, or so as to impede access to any public improvement, or to obstruct the vision of any such signs except as may be permitted in Section 6209a4 of this chapter. -16- 10. 11. 12. 13. Signs located on public property except as may be permitted by in Section 6209a4 of this chapter or those required by a governmental agency. Signs within the public right-of-way prohibited by the Streets and Highways Code (Sec. 101 et.seq, and Sec. 1460 et. seq.), the Vehicle Code (Sec. 21400 et. seq.) and the Public Utilities Code (Sec. 7538 et. seq.). Signs blocking doors or fire escapes. Outside light bulb strings and exposed neon tubing outside of the building (except for temporary uses such as Christmas tree lots, carnivals, and other similar events with prior approval of the City). Banners, flags, pennants and balloons (except for special events as provided for in this chapter in Section 6211a3 and Section 6209a16). 14. Inflatible advertising devices of a temporary nature, including hot air balloons (except for special events as provided for in this Chapter in Section 6211a3). 15. Advertising structures (except as otherwise permitted in this chapter). 16. Statuary (statues or sculptures) advertising products or logos of the business that are located outside of the structure that houses the business. 17. The use of decals, stick-on or transfer letters, or tape on the walls or parapets of buildings, fences, walls or other structures, not suitable 18. Readerboard/changeable copy signs, either electric or nonelectric except as permitted in this chapter. 19. Signs which purport to be or are an imitation of or resemble official traffic warning devices or signs, that by color, location or lighting may confuse or disorient vehicular or pedestrian traffic. This does not include traffic or directional signs installed on private property to control on-site traffic. -17- Signs Relating to Inoperative Activities: Signs pertaining to activities or businesses which are no longer in operation, except for temporary closures for repairs, alteration, or similar situations, shall be removed from the premises or the sign copy shall be removed within thirty (30) days after the premises has been vacated including copy from the business directory. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this chapter and Ordinance 57. d. Enforcement, Legal Procedures, and Penalties: Enforcement, legal procedures and penalties shall be in accordance with the enforcement procedures established by the local ordinance. Unauthorized illegal signs may be abated by the City in accordance with Ordinance 57 and/or 69. If said sign is stored by the City the owner may recover said sign from the City upon payment to the City of any storage and/or removal charge incurred by the City. The minimum charge shall be no less than three ($3) dollars per sign. All signs removed by the City may be destroyed thirty (30) calendar days following removal. If any sign, in the opinion of the Director of Planning Services, is an immediate threat to the public health and safety, said sign shall be immediately and summarily removed with the cost of said removal charged to the property owner in accordance with local ordinances. e. Construction and Maintenance: Construction: Every sign and all parts, portions, and materials shall be manufactured, assembled, and erected in compliance with all applicable State, Federal, and City regulations and the Uniform Building Code. Maintenance: Every sign and all parts, portions, and materials shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked, or broken surfaces, and malfunctioning or damaged portions of a sign shall be repaired or replaced within thirty (30) calendar days following notification of the business by the City. Noncompliance with such a request will constitute a nuisance and will be abated in accordance with Ordinance 57 and/or 69. Any maintenance, except a change of copy, which does not involve structural changes is permitted. -18- 6211 SIGN REGULATIONS Sign permits may be issued for signs included under this section provided the signs are in compliance with all other applicable laws and ordinances. ae Signs permitted in all Zoning Districts: The following signs may be permitted in any zoning district. These signs are in addition to those signs expressly permitted in each zoning district and are subject to the provisions listed: Convenience Signs: On-site signs no greater than six (6) square feet necessary for public convenience or safety may be approved by the Director of Planning Services or his designee. Signs containing information such as "entrance," "exit," or directional arrows shall be designed to be viewed from on-site or from an area adjacent to the site by pedestrians or motorists signs that convey advertising or products shall not be considered a convenience sign. 2. Comprehensive Sign Program for Conmlercial and Industrial Zones: A Comprehensive Sign Program shall be developed for all co~m~ercial and industrial centers consisting of four (4) or more tenant spaces. The purpose of the program shall be to integrate signs with building and landscaping design into a unified architectural unit. This shall be achieved by: (a) (b) (c) (e) Using the same background color on all signs; Using not more than three (3) different colors for sign lettering. Using the same type of cabinet supports, or method of mounting for signs of the same type, or by using the same type of construction material for components, such as sign copy, cabinets and supports, or by using dissimilar signing determined compatible by the Director of Planning Services. Using the same form of illumination for all signs, or by using varied forms of illumination determined compatible by the Director of Planning Services. Allowing the use of different colors for logos. -19- Special Event Signs: Special event signs may be approved for a limited period of time as a means of publicizing special events such as grand opening, new management, inventory sales, Christmas tree lots, parades, rodeos, and fairs that are to take place within the City. To apply for approval of special event signs, the applicant shall submit a letter to the Director of Planning Services which describes the proposed sign by means of a sketch and the display dates. The Director of Planning Services shall review the request within fifteen (15) working days after receipt and shall make a determination to approve, approve with modification or deny the request. (a) Community Special Events such as Pow Wow Days, the rodeo and country fair may be permitted the following signage: (1) No more than eight (8) off-site signs up to thirty-two (32) square feet and eight (8) feet in height to publicize the event indicated above. (2) Temporary advertising signing consistent with the requirements setforth in Section 6209a2. (b) Commercial Special Events such as grand openings, christmas tree lots, painted seasonal holiday window displays, and notice of new management may be permitted the following signage: (1) No more than one (1), thirty-two (32) square foot or smaller, eight (8) feet in height on-site freestanding special event signs. (2) Ail other on-site special event signs can be either wall and window signs, flags, banners and pennants. Inflatable advertising devices of a temporary nature may be permitted. In no case shall any signage, flag, pennant, inflatable device, or banner be placed above the roofline. -20- 4. On-Site Subdivision Signs: (a) One (1) temporary on-site subdivision sign not to exceed 64 square feet total for two (2) sides or 32 square feet for one (1) side and a total overall height of twelve (12) feet may be permitted on each Circulation Element street frontage of the property being subdivided not to exceed two (2) such signs for all phases of any subdivision; otherwise a maximum of one (1) sign is permitted. (b) Such sign shall be for the identification of a subdivision, price information and the developers name, address, and telephone number. (c) Such signs shall be removed within ten (10) calendar days from the date of the final sale of the land and/or residences or within twenty- four (24) months, whichever comes first. Extensions of twelve (12) months may be approved by the Director of Planning Services. (d) Signs shall be maintained in good repair at all times. (e) A cash deposit of three hundred ($300) dollars per sign shall be deposited with the sign application to ensure compliance with the chapter and removal of such sign. Said deposit shall be refunded to the applicant upon sign removal by the applicant. If the City is forced to remove any signs, then the cost of removal shall be deducted from the deposit. 5. Off-Site Subdivision Directional Sign: (a) A maximum of eight (8) signs may be used to lead customers to the site. (b) Signs shall be no larger than sixty (60) inches by twelve (12) inches and shall be grouped on a single, double or four sided sign kiosk as shown in Exhibit "A." Such structure shall contain no more than seven (7) tract identifications and a City identification top piece. -21 - (c) (d) (e) (f) (g) (h) (i) A sign kiosk shall be located not less than three hundred (300) feet from an existing approved sign site. Further, each sign may only contain the name of the subdivision, developer or development logo and a directional arrow as shown on Exhibit "B." The placement of each sign structure and its copy shall be reviewed and approved by the Director of Planning Services prior to installation. Ail kiosks that are to be placed on private property shall be with prior written consent of the property owner, to allow the City, in the event of noncompliance, to enter said property and remove the sign. A copy of said consent shall be filed with the Department of Planning Services prior to the acceptance of a sign permit application. A kiosk location plan shall be prepared showing the site of each kiosk and shall be submitted to and approved by the Department of Planning Services prior to the acceptance of a sign permit application. Any sign approved for a particular subdivision within the City shall not be .changed to another subdivision without prior approval of the Director of Planning Services. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign as originally approved. Further, no other directional signing may be used such as posters, portable signs, vehicle signs, trailer signs or temporary subdivision (bootleg) signs. Ail off-site subdivision signs not conforming to this chapter shall be deemed a public nuisance and removed prior to the program. -22- (j) (k) A three hundred ($300) dollar cash deposit shall be placed with the City to ensure compliance with this chapter. Any sign placed contrary to the provisions of this chapter may be removed by the City and the cost of removal shall be deducted from said deposit. Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer. Said sign shall be allowed until the units within the subdivision are sold out, or for a period of twenty-four (24) months, whichever comes first. Extensions of twelve (12) months may be approved by the Director of Planning Services. -23- SIGNS PERMITTED IN T~E SINGLE FAMILY RESIDENTIAL ZONES. The following Performance Standards shall be met in all cases: CLASS SIGN MAXIMUM t~l'H~K TYPE Nt~ER STANDARDS I. Institutional Signs for private schools, churches and other similar 2. Neighborhood Identification 3. School Identification Wall Free- standing .Wall Free- standing Wall Free- standing One (1) per street frontage with a maximum of two (2) One (1) per development entrance, maximum of two (2) One (1) per street frontage with a maximum of two (2) MAXIMUM MAXIMUM SIGN AREA ~E IG~P~ 20 square feet Below roofline 24 square feet for identification 36 square feet with changeable copy 36 square feet 20 square feet feet from finished fade 6 feet for well sign 4 feet for free- standing sign Below roofline 50 square feet 20 feet from finished grade a. Name and address of institution only. b. Can incorporate electri or nonelectric changeable copy for events and time of events. a. Copy shall be limited to the name and address of development a. Name and address of school b. To be looated no close: than 5 feet to the property line c. To identify the school and to display activities and special events with electric o: nonelectric changeable c. SIGNS PERMITTED IN ~ MULTI-FAMILY AND MOBILE EOME PARK ZONES. The following Performance Standards shall be met in all cases: 1. Multi-Family 2. Mobile Home Park CLASS SIGN MAXIMU~ MAXIM~{ MAXIMUM ~l'~ TYPE NUMBER SIGN AREA }{EIGE~ STANDARDS Wall a. Free- standing Wall Free- standing One (1) per street frontage with a ~kaximum of two (2) per development. One (1) per development entrance~ with a maximum of two (2) 12 square feet for 12 units or less. 24 square feet for more than 12 units. 36 square feet A wall sign shall not project above the roofline and in no case shall exceed 20 feet. A freestanding sign shall not exceed 8 feet in height 6 feet 4 feet bo co Signs shall be in harmony with the scal and design of the development. Freestanding signs shall be placed no closer than 5' to the property line. Street address shall incorporated into the face or structure of the sign. a. Copy shall be limited to name and address c development. -24- d. SIGNS PERMI'rr~9 IN T~E CO~WERCIAL ZONES. The following Performance Standards shall be met in all cases: CLASS SIGN MAXIMUM MAXIMUM MAXIMUM TYPE NUMBER SIGN AREA HEIGHT STANDARDS 1. Businesses Wall One per street 15% of the build- Not to project above a. Wall signs are limi (not within frontage and/or ing face not to the roofline and in to identification o centers) main parking lot, exceed 150 square no case higher business, use, serv a maximum of three feet per face than 20 feet and/or identifying (3) per business, b. A combination of fr ....................................... standing and wall s Free- One per street 40 square feet 15 feet or the may be used, howeve standing frontage, with a roofline whichever only a maximum of 3 maximum of two (2) :is less. signs may be used. per business, c. Wall signs and free standing signs shal be architectually designed to be comp able with the devel merit. d. Freestanding signs shall be placed on on the subject property and shall overhang into priva or public property. e. Street addresses sh be incorporated int the face or struotu of the freestanding sign. 2. Centers and Wall One per business 15% of the build- Not to project above a. Wall signs are lim] businesses within frontage and/or ing face, not to the roofline and in to identification centers (A center main parking lot, exceed 150 square no case higher than business, use, ser~ is a development a maximum of three feet. 20 feet. provided and/or in which (3) for any one identifying logo. businesses and business b. One freestanding si structures are shall contain the designed as an ................................... name of the center architecturally One per street 65 square feet 15 feet or the the predominant fe~ integrated and Free- frontage, not to roofline whichever of the sign and/or interrelated standing exceed three (3) is less. identification of development, per center, businesses. If one Such design is business name is u~ independent of in a theme name, the number of one additional structures, business may be lots, or parcels identified. If tv ~king up the business names are center), used in the theme name, no further businesses will be identified. Other standing signs may contain a maximum two business names c. All shopping centel shall develop a comprehensive sign program for all tenants and uses. d. Street addresses si be incorporated in the face or struct, of the freestandin, e. A maximum of three freestanding signs may be located on ~ street frontage. -25- SIGNS PERMITTED IN T~E CO~ERCIAL ZONES (CONTINUED). CLASS SIGN MAXIMUM MAXIMUM MAXIMUM OTHER TYPE NUMBER SIGN AREA NEIGNT STANDARDS Business Offices Wall TWO (2) per 15% of the face Not to project above a. Freestanding signs (multiple building of the structure the roof nor be shall be limited to professional where sign is to higher than 20 feet identifying the name tenants or be placed not to of the professional office uses) exceed 150 sq. ft. complex. b. Directory signs shal ....................................... be placed on the wal Free- One per street 40 square feet 15 feet or the at main entrances or standing frontage with a roofline whichever be freestanding and maximum of two (2) is less. shall be limited to listing the tenants ........................................ name and suite numbe Directory Three (3) per 12 square feet 8 feet c. All office projects (wall or building with multiple tenant Free- or uses shall develo standing) a comprehensive sign program. d. Street addresses sba be incorporated into the face or structur of the freestanding sign. ~. Service Free- One (1) per 40 square feet 15 feet or the a. Special service sign Station standing street frontage, roofline whichever shall be limited to not to exceed a is less. such items as self- total of two (2) service, full-serve, per station, air, water~ cashier and shall be non- ........,............................... illuminated. Price One (1) per street 16 sq. ft. for 15 feet or the Sign frontage, not to price sign roofline whichever (Free- exceed a total of is less. standing) two (2) per station. Special Three (3) for 4 square feet If mounted on a Service each pump wall or pole of Signs island, the canopy it shall (Wall or be no higher than 8 Free- feet. Freestanding Standing) signs shall not exceed Signs 3 feet in height 5. Motion picture Wall One (1) per 15% of the Not to project a. Wall signs may inclu( or playhouse street front- building face, above the electric or nonelectl theater signs age and/or not to exceed roofline and in no readerboard or main parking 150 square feet. case higher than changeable copy lot, not to 20 feet. signs. exceed two (2). b. Current and coming attraction signs shall be attached to a wall within a locking, shatter- proof glass case. Current , FOUr (4) 8 square feet 8 feet coming each. attractioe (wall) -26- SIGNS PE~MI'rr~D IN T~E INDUSTRIAL ZONES. The following Performance Standards shall be met in all cases: CLASS Businesses (single tenant, single parcel) SIGN TYPE Wall MAXIMUM NDJ~BER One (1) per street frontage and/or main parking lot, not to exceed two (2) per business. F~%XIMUM SIGN ARF2% 15% of the build- ing face, not to exceed 150 sguare feet. MAXIMUM ~EIGHT Not to project above the roofline and in no case higher than 20 feet. (multiple tenants or uses) 40 square feet One (1) per street frontage not to exceed two (2) per business. Free- standing 15 feet or the roofline whichever is less. Wall One (1) per 15% of the build- Not to project above street Or parking lng face not to the roofline and in area frontage not exceed 150 square no case higher to exceed two (2) feet. than 20 feet. per business. Business One (1) per 36 square feet. 8 feet Directory street frontage (Free- or parking area standing) not to exceed two (2) per development. Free- One (~) per 65 square feet. 15 feet or the standing roofline whichever is less. street frontage not to exceed two (2) per development OT~ER STANDARDS a. Wall signs shall be limited to identification of business, use, serv provided and/or identifying logo. b. A co~ination of wa and freestanding si may be used; howeve these shall not exceed three (3) De business. c. Street addresses sh be incorporated the face or structu of the freestanding sign. a. Wall signs shall identify the indivi ual business, use, service provided an or identifying log¢ and be located at t main pedestrian en- trance or parking a b. %~ne business direct freestanding sign shall list only the address and names r the on-site activit c. The business direct freestanding sign shall be located either adjacent to parking area or th~ main entrance to tk development. d. A freestanding sign may be permitt in lieu of the directory siqn to identify the develoPment. e. All industrial projects with multi tenants or uses sba develop a compre- hensive sign progr~ f. Street addresses s~ be incorporated iht the face or struct~ of the freestandin~ sign. -27- 6213 DESIGN STANDARDS Each sign shall be so designed with the intent and purpose to complement the architectural style of the main building or buildings or type of business upon the site, and to the extent possible, signs located on commercial sites but in a predominantly residential area, shall take into consideration compatibility with the residential area. Relationship to Buildings: Signs located upon a lot with only one main building housing the use which the sign identifies, shall be designed to be compatible with the predominant visual elements of the building, such as construction materials, color, or other design detail. Each sign located upon a lot with more than one main building, such as a shopping center or other commercial or industrial area developed in accordance with a common development plan, shall be designed to be compatible with predominant visual design elements common or similar to all such buildings or the buildings occupied by the "main tenants" or principal uses. The Planning Services Director may condition his recommendation or approval of a sign to require such visual elements to be incorporated into the design of the sign where such element(s) is necessary to achieve a significant visual relationship between the sign and building or buildings. Relationship to other signs: Where there is more than one (1) freestanding sign located upon a lot, all such signs shall have designs which are complementary to each other by either similar treatment or incorporation of one (1) or more of the following six (6) design elements: Type of construction materials (such as cabinet, sign copy, supports); 2. Letter style of sign copy; Type or method used for supports, uprights or structure on which sign is supported; 5. Sign cabinet or other configuration of sign area; and 6. Shape of entire sign and its several components. -28- C. Landscaping: Each freestanding sign shall be located 'in a planted landscaped area which is of a shape, design and size (equal to at least the maximum allowable sign area) that will provide a compatible setting and ground definition to the sign. The planted landscaped area shall be maintained in a neat, healthy, and thriving condition. d. Illumination and Motion: Signs shall be nonmoving stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (nonflashing). e. Sign Copy: The name of the business, use, service and/or identifying logo shall be the dominant message on the sign. The use of advertising information such as lists of products (more than one product), are prohibited. f. Relationship to Streets: Signs shall be designed so as not to obstruct any pedestrian, bicyclist, or driver's view of right-of-way. -29- 62]5 NONCONFORMING SIGNS ae Intent: It is the intent of this section to recognize that the eventual elimination of existing signs that are not in conformity with the provisions of this chapter is as important as is the prohibition of new signs that would violate these regulations. b. General Requirements: nonconforming sign may not be: (a) Changed to another nonconforming sign (changes of copy including legal nonconforming billboards shall comply with the requirements of Section 6205). (b) Structurally altered to extend its useful life. (c) Expanded, moved or relocated. Re-established after a business, not within a center, or a business within a center without an approved comprehensive sign program, is discontinued. (e) Re-established after damage or destruction of more than fifty (50%) percent of the sign value as determined by the Director of Planning Services. A new sign may be approved for a site, structure, building or use that contains nonconforming signs if it meets one (1) or more of the following criteria: (a) It is part of an approved comprehensive sign program; or (b) It lessens the nonconformity. Ce Amortization Requirements: Every sign or advertising structure which does not comply with the provisions of this chapter, shall be amortized in accordance with this section. Time periods for amortization of nonconforming signs shall begin from the effective date of the chapter. Any sign which becomes nonconforming either by reason of amendment to this chapter or by annexation to the City, shall also be subject to the provisions of this chapter. The period of time within which such sign must be abated shall commence upon the effective date of such amendment or annexation. -30- Any sign not complying with the provisions of this chapter at the end of the amortization period shall be deemed a public nuisance and abated in accordance with Ordinance 57 and/or Ordinance 69. 1. Signs to be Brought into Conformance Within Ninety (90) Days. The following signs shall be removed or otherwise brought into conformance within ninety (90) days from the effective date of this chapter. ae Illegal signs - Any sign erected without a permit and/or erected in contravention to regulations in existence at the time of its erection or placement, or without a valid sign and/or building permit. Temporary signs or temporary on-site devices attached to signs or used in conjunction with the promotion of any product, service or use, such as flags, banners, bunting, inflatable devices, pennants, streamers, and spinners. c. Portable signs. d. Rotating signs. e. Flashing signs. Legal Nonconforming Wall Signs. Any permanent wall sign which was properly erected pursuant to regulations in existence at the time of its erection or placement, and with a valid sign and/or building permit, but which does not meet the requirements of this chapter, shall be allowed to remain in existence, notwithstanding their nonconforming character, for the useful life of the sign, providing that such signs and sign structures remain in full compliance with section 6209e2 of this chapter. Such signs must be brought into conformance if major exterior building modification occurs as determined by the Director of Planning Services. -31- 3. Legal Nonconforming Freestanding Signs. Anv permanent freestanding sign, measuring sixty- five (65) square feet or less and twenty-five (25) feet or less in height, which was properly erected pursuant to the regualtions in existence at the time of its erection or placement, and with a valid sign permit, and/or building permit, shall be allowed to remain for the useful life of the sign, providing that such sign structures remain in full compliance with Section 6209e2 and Section 6215a and b of this chapter. Such signs must be brought into conformance if a building permit or permits are subseguently issued on the site for major exterior modifications unless such conformance is waived by the Director of Planning Services. 4. Ail Other Legal Nonconforming Signs. Any other type of sign which was properly erected pursuant to the regulations in existence at the time of its erection or placement, and with a valid sign and/or building permit, but which does not meet the requirements of this chapter, shall be removed or otherwise brought into conformance within eight (8) years of the effective date of this chapter, providing that such sign structures remain in full compliance with Section 6209e2 and Section 6215a and b of this chapter. Such signs must be brought into conformance if a building permit or permits are subsequently issued on the site for major exterior modifications unless such conformance is waived by the Dlirector of Planning Services. Historical Signs: Signs which have historical significance to the community but do not conform to the provisions of this chapter, may be issued a permit to remain provided that the City Council makes the following findings: The sign has historical significance for the community. 2e The sign does not create nor cause a traffic hazard. The sign does not create a visual nuisance to the character of the community. -32- 4. The sign is properly maintained and structurally sound. 6217 Se The sign does not adversely affect adjacent properties. CONTINUED FORCE AND EFFECT If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of proper jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions hereof. -33-