Ordinance Number 781RX61
ORDINANCE NO. 781
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, CHAPTER 3, SECTION 9-3.603 OF
THE MUNICIPAL CODE TO ESTABLISH REVISED STANDARDS FOR
SIGNS WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
WHEREAS, the City Council has previously initiated consideration of amendments
to Title 9 of the Municipal Code and the City proposes amendments to the Sign provisions of
Section 9-3.603 of Title 9; and,
WHEREAS, the Ad Hoc Committee and the Business Task Force have reviewed
the existing sign regulations, identified various issues related to the effectiveness of signage, and
made recommendations for amendments to those regulations; and,
WHEREAS, the Environmental Administrator has issued a Negative Declaration
and the City has complied with the provisions of the California Environmental Quality Act (1970)
as they apply to this project and otherwise carried out all applicable provisions of that Act; and,
WHEREAS, this Ordinance has been prepared so that it is consistent with the
goals, policies and objectives of the San Juan Capistrano General Plan, in particular the
Community Design Element; and,
WHEREAS, the Planning Commission conducted a duly -noticed public hearing
on June 11 and June 25, 1996, and recommended that the City Council adopt the Ordinance.
Based upon the findings set forth in Section 1 preceding, the following amendments
to the Municipal Code are hereby enacted:
a. Title 9, Chapter 3, Section 9-3.603 is hereby amended in its entirety as fully
set forth in Exhibit "A" attached.
b. Appendix "A" of the Municipal Code is hereby amended to include the
definitions contained in Exhibit "B" attached.
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014
C. Title 9, Chapter 3, Section 9-3.623(b)(2)(i) is hereby amended to read as
follows:
"The special activity permit will not exceed 32 days during any 12 -month period.
A grand opening event of 14 days shall be exempt from these provisions."
d. Title 9, Chapter 3, Section 9-3.623(d)(1) is hereby amended to read as
follows:
"Banners/signs. Banners and signs may be permitted in accordance with the
provisions of Section 9-3.603(e)(12)(ab)."
This Ordinance shall take effect and be in force thirty (30) days after its passage.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted at the duly designated posting places within the City and published once within fifteen
(15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may
cause to be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post a certified copy of this Ordinance, together
with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 9Qth day of
August , 1996.
ATTEST:
CITY CLERK
WYATT ART, MA OR
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u1S
STATE OF CALIFORNIA )
i COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No. 781 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on August 6th , 1996, and adopted at a
meeting held on August 20th 1996, by the following vote:
AYES: Council Member Jones, Swerdlin, Campbell and
Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: Council Member Nash
(SEAL)
CHERYL JOIWSOK CITY CLERK
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UP)
"EXHIBIT "A"
Section 9-3.603 Signs
(a) Purpose and Intent. It is the policy of
the City as expressed in the
Community Design Element of the
General Plan, that the design of this
community be of the highest quality,
that new development be
architecturally distinctive as well as
homogeneous in design, and that
accessory facilities be compatible with
the overall theme. The quality of signs
plays a very distinctive role in
achieving the above policy; when
abused, signs can create a visual blight
which detracts from the quality of the
environment and an individual's visual
perception of the City.
Recognizing that the primary purpose
of signs is proper business
identification for the public, the
procedures and regulations of this
section are enacted to :
(1) Ensure that signs erected within the
City are compatible with their
surroundings and are in keeping with
the goals and policies of the
Community Design Element of the
General Plan;
(2) Provide for the identification of
business enterprises only and shall not
be used for general advertising
purposes;
(3) Promote traffic safety and
community identity while also
enhancing the quality of the visual
environment of the City; and,
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(4) Establish procedures and design
regulations which control the location,
size, type, number of signs which may
be permitted, including all other
matters pertaining to signs.
(b) General Requirements. The
requirements set forth shall be
applicable to all signs erected on or
after September 19, 1996.
(c) Definitions. For the purpose of this
section, key terms, words and phrases
and their definitions shall have the
meanings as found in Appendix "A" of
this Municipal Code.
(d) Design Criteria. The design and
placement of signs permitted under this
section shall adhere to specific design
standards as set forth below. The City
recognizes that the primary purpose of
signs is effective communication.
Therefore in considering sign
applications and programs under this
section, the City shall give close
attention to adequate sign visibility,
legibility, and readability.
The design criteria is listed as follows:
(1) Materials. The following materials
shall be used for signs and shall be
designed to be in harmony with the
architectural style of the buildings
which they serve.
(aa) Use of high quality wood signs,
hand carved, sandblasted, painted, or
routed;
(ab) Individual letters of metal or other
materials;
(ac) Ceramic tile either painted or
sandblasted;
(ad) Painted signs on stucco or similar
background; and/or,
(ae) The use of plastic, fiberglass or
other material may be substituted for
the above mentioned materials
provided that the finish appearance is
the same as that of the substitute
material.
(2) Use of logos and trademarks. The
use of adopted logo or trademark for a
commercial or other development is
permitted if the appearance will not be
in substantial conflict with the
architectural design of the building and
the approved sign program excepting
lettering style and finish colors related
to the logo or trademark.
(3) Sign Area and Height. The
maximum size of signs and height
provisions for different signs for
various zoning districts are set forth in
Table 3-4. Figure 3-2 defines how sign
area is to be calculated.
(4) Illumination of Signs. The
illumination of sign copy may be
achieved by any one of the following
means:
(aa) External illumination where the
sign copy is either illuminated by an
external light source that illuminates
the sign copy or by back -lighting
where the illumination of the sign is
from a light source internal to the sign
copy (letters) and where the light is
projected onto the wall surface upon
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which the sign is attached. External
light sources are to be integrated into
the architectural or landscape features
of a project such that it is not generally
visible to the general public from the
public right-of-way. External
illuminated signs shall have a subdued
light. The use of Halogen as a light
source shall be prohibited.
(ab) Internal Illumination. A sign
copy may use internal illumination
where the specific sign copy lettering
uses a translucent material and the only
portion of the sign copy that is
illuminated is the actual lettering and
or a registered trademark or logo. The
brightness of the illuminated letter shall
not exceed 15 footcandles as measured
five feet on a white surface measured
from the exterior surface of the sign
lettering. Said signs shall be permitted
in all districts except the CT (Tourist
Commercial) District and that area
identified by the Historic Town Center
Master Plan.
(5) Sign Copy. The text or copy of
signs shall identify the name and/or
location of the business.
(e) Permitted Signs. The following signs
are permitted to be erected subject to
approval in accordance with
Subsection (h), Administrative
Procedures of this Section:
(1) Monument (freestanding).
Monument signs shall be permitted for
individual establishments not a part of
a shopping center and shopping
centers. Establishments within a
shopping center shall not be permitted
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018
TABLE 3-4
SUMMARY MATRIX SIGNS
PERMITTED FOR EACH USE OR ESTABLISHMENT
Type of Sign
District
Maximum
Maximum
Maximum Aggregate Area
Height, In No
Area (Sq.
Case Above
Ft.**
Eaves
*Free Standing Monument
CT
6 feet
24
Not more than maximum area
Signs
permitted per street frontage for all
CG,
6 feet
60
districts per multi -tenant center or
CN,CP,
individual business not a part of a
CM,MG,
center.
MP
IP
6 feet
30
Auto
25 feet
60
Dealer-
ships
*Free Standing Pole Signs
CT,CN6
feet
18
Not more than maximum area
permitted per street frontage per
CG,CO,
8 feet
24
multi -tenant center or individual
PR,OR
business not a part of a center.
***Building Mounted
CT,CG,
25 feet
18
24 square feet per exposure per
Signs (Flush)
CN,CO,
individual tenant.
PR,OR, IP
CM, MG,
25 feet
60
80 square feet per exposure per
MP
individual tenant.
***Building Mounted
All
15 feet
8
Computed as aggregate for building
Signs (Projecting)
Districts
mounted (flush).
Temporary Residential
R, E, PRD
15 feet
60
80 square feet per subdivision.
Subdivision Signs
Permanent Subdivision
R, E, PRD
6 feet
32
64 square feet per project entry
Signs
Real Estate
R, E, PRD
6 feet
6
For lots less than one acre.
32
For lots greater than one acre, one
sign per frontage.
* Only one freestanding sign per sheet frontage shall be penratted for individual establishments or shopping centers.
Establishments within shopping centers are not permitted individual freestanding signs.
* * Individual establishments, multi -tenant commercial and industrial centers, etc. may exceed the maximum allowable
square footage provided the sign area is determined by the Director to be in scale with the building portion of the
tenant, however in no instance shall the sign face exceed the maximum permitted above or two (2) percent of the
building elevation portion occupied by the tenant, whichever is greater. If the Director finds that it is not in scale
with the building elevation, the request is to be referred to the Planning Commission.
* * * Not more than one sign per street frontage per tenant.
— FIGURE 3-2 —
TYPES OF SIGNS
AND
CALCULATION OF SIGN AREA
Free Standing Monument Sign - Sign copy
sign copy was determined
T aal=afati g the area of
iMividuat words of the
area is to be determined by calculating the
sign copy
area of the individual words of the sign copy.
by points a. b, c S of
Considered the same as a wall sign. Height of
upper &lower case letter -
the sign is determined by the measurement
L
from the topmost edge of the sign to the
finished grade at the base of the sign.
Building -Mounted Signs (flush) - Sign Copy
area is to be determined b calculating the area
Y g
sign coppyy area determined
y�. calculating the area
of the individual text and enclosing that area
of sign taw and
enclosing that area
Free Standing Pole Sign - Sign Copy area is
by points a. b, c S of
to be determined by calculating the area of
upper &lower case letter -
sign face as shown on the example and
bx grdetermined lot
boxing d individual
enclosing that area shown by points a, b, c,
and d. Height of the sign is determined by the
highest point of the sign face and the finished
6 gn 6Upp0 6—
grade at the base of the support poles.
Building -Mounted Signs (flush) - Sign Copy
area is to be determined b calculating the area
Y g
sign copy area determined
by calve ati�ng the area
of the individual text and enclosing that area
of the indivtlLal ward
and enclosing that area
shown by points a, b, c, and d. Height of the
by points a, b, c a of
sign is the distance from the topmost letter to
upper &lower case letter -
the finish grade at the base of the building wall.
bx grdetermined lot
boxing d individual
Building -Mounted Signs (projecting) - Sign
Copy is to be determined by calculating the
area of the sign face as shown on the example
and enclosing that area shown by points a, b,
c, and d. Height to be determined by the
measurement from the top of the sign face to
the finished grade at the base of the sign.
Swallow
Street
Homes
sign copy area determined --•
by calculating tie area of
the slgrtfaw and a =
that area by paints a, b, c g d
a, b, c
V 1 `J
height is determined
by the highest point
of the sign taw to the
linished grade at the
base of support poles
determined
,ement from
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individual monument signs.
Copy of monument signs may
include the name of the
shopping center and major
tenants as defined by this
Section. Additional individual
tenant identification may
considered provided the color
of sign copy is uniform and
easily readable from a passing
vehicle (minimum 6" letters).
Illumination of monument
signs shall be limited to
external light fixtures. A
shopping center may apply for
the use of two monument signs
located on both sides of a main
entry when integrated into a
landscape wall design,
however the aggregate sign
copy area for both sides shall
not exceed the total area
permitted for the district in
which the project site is
located. All monument signs
shall be subject to review and
approval by the Planning
Commission. In considering
monument signs, the Planning
Commission shall determine
that the sign is in scale with the
building and the street frontage
where it is to be located. In
situations where the nature of
the building site is such that
the erection of a sign at the
maximum area and height
would not be in scale, the
Planning Commission may
require said sign to be
modified in size and height.
(2) Building Mounted. Building
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mounted signs comprise of sign copy
attached to the building surface. Signs
located within arches and not
projecting past the building line are
considered building mounted signs.
(3) Building Mounted (Projecting).
Projecting signs shall project no more
than four feet (4') from the wall or
building surface, and if located above
a pedestrian walkway, a minimum
clearance of six feet -eight inches (6'8")
as measured from the bottom of the
sign to the walkway surface.
(4) Theater Attraction Signs.
Theater attraction signs which
advertise coming attractions shall be
permitted as building -mounted signs
only on the building which the theater
is located. Such signs shall be in scale
with the building elevations on which
it is attached. Said sign design and
location to be subject to approval by
the Planning Commission.
(5) Major Construction Signs. Major
construction signs shall be permitted
upon issuance of a building or grading
permit for the project site. Such signs
shall be removed prior to issuance of a
certificate of use and occupancy for
the project or the last phase of a
project provided a valid building or
grading permit has not expired.
(6) Temporary Subdivision Signs.
Said signs shall be permitted and used
to identify an approved residential
subdivision for a project located in the
City. Said signs shall be removed upon
the issuance of the last certificate of
use and occupancy for units within the
subdivision.
(7) Permanent Subdivision Signs. A
maximum of two (2) permanent signs
used to denote the main entrance for a
residential development shall be
permitted. Each sign shall not exceed
thirty-two (32') feet in sign copy area
or six (6) feet in height.
(8) Non-commercial Signs.
Noncommercial signs are permitted if
not illuminated, subject to the
following provisions:
(aa) Any on-site signs exhibiting non-
commercial speech or message are
permitted in -lieu of commercial sign
copy.
(ab) Off-site signs exhibiting non-
commercial speech or message, that is,
signing unrelated to the buying or
selling of commodities or anything
involved in the flow of commercial
trade, or business custom or practice
are authorized subject to the following:
(i) Square footage is limited to
twelve (IT) square feet or less;
(ii) There shall be no more
than one sign per parcel;
(iii) Total height of a ground -
mounted sign and supporting
structure shall not exceed six
(6) feet;
(iv) A building -mounted sign
shall not extend above the eave
line; and,
(v) Said off-site signs are
limited to the CG (General
Commercial), CM
(Commercial Manufacturing),
le
and MP (Industrial Park)
districts.
(9) Permanent Window Signs. Non -
internally illuminated signs shall be
permitted. The area of perm8nent
window signs shall be included in the
maximum aggregate area allowed for
the use or establishment. Incidental
signs that describe days and hours of
operation of a business and "Open"
and "Closed" signs are not to be
considered a "Permanent Window"
sign.
(10) Portable Signs. Portable signs
may be approved provided they are
shown to be necessary for public
convenience and provide directional
information. Said signs shall be located
upon the premises and shall not
obstruct any required walkway or
entry. Permits for portable signs shall
be subject to review and approval of
the Director.
(11) Convenience Signs. The Director
may authorize the placement of signs
which are needed for the public
convenience and safety or to provide
directional information. Such signs
shall be designed to be viewed from
within the premises or adjacent to the
premises by pedestrians or by
motorists parking their automobiles.
The convenience sign area shall not be
calculated into the aggregate area
authorized for the establishment.
(12) Business Promotional Signs.
The following temporary signs are
permitted, if non -illuminated for
business promotional activities:
(aa) Grand Opening Signs. A
maximum of one (1) temporary sign
per street exposure indicating the
grand opening of a new business or
change in ownership of an existing
business shall be permitted subject to
the following standards:
(i) The maximum aggregate
area of all grand opening signs
is not to exceed sixty (60)
square feet.
(ii) Such signs shall relate to
the activity being conducted on
the premises where they are
placed.
(iii) Such signs shall be
displayed a maximum of
fourteen (14) days only.
(ab) Special Activities Permit Signs.
Under Section 9-3.623, special
promotional activities for businesses
are permitted. In accordance with
those activities the following signs/
banners are permitted:
(i) Banners/signs may be
permitted provided they do not
exceed thirty (30) square feet
and does not exceed a
maximum length dimension of
ten (10') feet; and,
(ii) All signs and banners are
located consistent with the
provisions of this section.
(iii) Said banners shall be
permitted not more than 32
days during any 12 month
period.
(ac) Community -wide Special Events.
The Director may approve banners
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within the public right-of-way for
community -wide events provided the
street banner request meets all of the
following criteria:
(i) The event must be open to
the general public.
(ii) The event must be held
within the City.
(iii) The event must generate
an estimated attendance for the
duration of the activity of a
least 1,000 individuals. The
City Council may waive this
requirement if the overall
intent of allowing street
banners for community -wide
events is satisfied.
(iv) City -conducted events
shall include, but not be limited
to, the community fair, Fiesta
de las Golondrinas events,
Fourth of July celebration,
Shop and Dine promotional
events, and City sponsored
carnival(s). Other authorized
events must either be
sponsored or endorsed by a
public agency, non-profit
fraternal or service
organization; or that which
directly benefits a charitable
organization within the
community.
(v) Processing of all street
banner requests shall be in
accordance with the
specifications, regulations and
procedures set forth in City
Council Policy No. 419.
(13) Real Estate Signs (Commercial
and Industrial Districts). Real estate
signs are permitted in all
following signs shall be permitted
commercial and industrial
within the City subject to the
districts subject to the
limitations and requirements set forth
following provisions:
in this section. Sign permits shall not
temporary real estate sign per street
be required, but building and electrical
(aa) Vacant Property and New
permits may be required as set forth in
Development. Said signs are permitted
Title 8 of the Municipal Code.
to be placed on vacant property, or
event signs not exceeding six (6)
newly development property, or an
(1) National and State Flags.
existing development which has or is
National and state flags shall be flown
undergoing a major rehabilitation. For
and displayed in manner whereby they
the purposes of this section, major
are not construed as an attraction
rehabilitation means where more than
gaining device for the advertisement of
sixty (60%) percent of the building
a product or use or in a manner to
square footage has been vacated to
otherwise draw attention of the
conduct building repairs. Such
traveling public to an establishment or
properties may have signs advertising
sales office. Such displays shall
the sale, lease or rental of the property
conform to the criteria established by
that shall not exceed six (6) feet in
House Document 209 of the 91st.
height and thirty-two (32) square feet.
Congress. In addition such displays
For those properties that are
shall be limited to one (1) National
developed said signs shall be for a
Flay and one (1) state flag per parcel.
period not exceeding six (6) months
The height shall not exceed that for the
from the date of the issuance of a
specific zoning district in which it is
Certificate of Use and Occupancy.
located.
(ab) Real Estate Signs - Existing
(2) Incidental Signs. The following
Development (all commercial and
incidental signs shall be permitted in all
industrial districts). Each building. or
districts, if not illuminated (except as
legal site shall be permitted one
provided for here below) and no sign
temporary real estate sign per street
permit shall be required:
frontage not exceeding six (6) square
feet in area nor more than three (T)
(aa) Religious, charitable, and cultural
feet in height advertising the sale, lease
event signs not exceeding six (6)
or rental of a building, suite or the site
square feet in area and temporary in
on which it is placed.
nature (displayed not more than thirty
(30) calendar days per year). Such
(14) Service Station Signs. Signs
signs may be off-site signs. If off-site,
associated with service stations are to
the organization shall notify and get
be subject to the regulations found in
prior approval from the Director. The
Section 9-3.624 of this Title.
purpose of this requirement is to insure
that no traffic or public hazard will be
(f) Signs Not Requiring a Permit. The
created by the placement of the sign.
ver
(ab) Temporary window signs that do
not exceed more than twenty-five
(25%) percent of the total window
area. For the purpose of this section,
total window area shall mean the total
square footage of window area located
on a specific building elevation of the
individual business for which the
temporary sign is located. Said sign
shall not exceed 24 square feet. Said
temporary signs may be placed for a
period not exceeding fourteen (14)
days, six (6) times per year.
(ac) Residential nameplates not
exceeding one (1) square foot in area
indicating the name of the occupant of
the residence.
(ad) "Open" and "Closed" signs for a
business establishment, either
illuminated or non -illuminated that do
not exceed six (6) square feet located
in a window or door.
(ae) Professional occupation signs and
nameplates not to exceed two (2)
square feet denoting only the name and
profession of an occupant of the
premise on which it is placed.
(at) Memorial signs and tablets which
denote the names of buildings and
dates of erection, when cut into a
masonry surface or when constructed
of bronze or other non-combustible
materials. Such signs shall not exceed
six (6) square feet in area.
(ag) Temporary signs associated with
produce stands not exceeding an
aggregate eighty (80) square feet and
located within 100 feet of the produce
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stand, with individual signs not
exceeding thirty-two (32') square feet
in area.
(ah) Vehicle signs painted directly on
vehicles indicating the name of the
establishment using the vehicle. Other
types of vehicle signs as set forth in
Subsection (g) of this Section shall be
prohibited.
(ai) Government and legally required
posters, notices and signs. Such signs
may be located off-site.
(aj) Traffic and safety signs including
signs of public utility agencies and
construction contractors serving as
directional or safety aids (may be
illuminated). Examples include street
signs, freeway off -ramp signs, and
roadwork signs.
(al) Temporary placards, posters and
subdivision directional signs placed in
the public right-of-way and not
exceeding six (6) square feet in area,
nor exceed three (3') feet in height. For
the purpose of this section, subdivision
directional signs shall only be
permitted for those residential
subdivisions located within the City.
Such temporary signs shall not be
placed in the public right-of-way until
the location of their placement has
been approved by the Director of
Engineering and Building Services or
their authorized representative
consistent with the criteria identified in
Title 7.
(am) Non-commercial signs shall be
permitted in all residential districts
subject to the size and height
requirements set forth for non-
commercial signs within this section.
(an) Temporary election signs related
to a National, State, or local election
including candidates and or other
issues that have been placed upon the
ballot may be posted on private
property, subject to the permission of
the property owner and compliance
with the following restrictions:
(i) Each temporary sign may
not exceed six (6) square feet
in area nor six (6) in height if a
freestanding sign. If a building
mounted sign it shall be
located below the roof eaves.
(ii) Each temporary sign must
have listed in the lower right
hand corner of the sign, the
name of an actual person
responsible for removing the
temporary sign, a phone
number where this person may
be reached, and the date of
posting.
(iii) Temporary signs cannot be
illuminated, revolve, or
otherwise function with
mechanical parts or devices.
(iv) Flags, valances, pennants,
lights or other similar
attraction devices which are
accessory to a permitted
temporary sign are prohibited.
(v) Temporary signs may not
be supported, in whole or in
part, from any tree, utility pole
or other utility installation on
private property or public
right-of-way.
(vi) Temporary signs may be
posted no more than thirty
(30) days prior to the election
date which they notice.
(vii) Temporary sign shall be
placed no less than fifty (50')
feet apart from identical or
substantially similar temporary
signs, and in no case shall more
than one (1) temporary sign
per candidate or ballot issue
position be allowed per parcel.
(ao) Temporary signs that are required
as a mitigation measure in accordance
with a certified Environmental Impact
Report or Negative Declaration or
other applicable environmental
document which is enforceable by the
provisions of the California
Environmental Quality Act or
condition made a part of approval for
a specific development application.
(aq) Restaurant menu board signs
(permanent) building -mounted that do
not exceed four (4) square feet (may
be illuminated).
(g) Prohibited Signs. The following
signs, types of signs, and attraction
devices shall be prohibited:
(1) Signs mounted on or above roofs.
(2) Signs which incorporate in any
manner flashing, moving, or
intermittent lighting.
(3) Signs which incorporate
mechanical movement of any kind such
as but not limited to, rotating,
revolving, moving, or animated signs.
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026
(4) Trailer signs and signs attached to (12) Signs which do not conform with
the roof, trunk, hood, or other pact of the design standards of this section.
a vehicle, unless specifically permitted
by subsection (0(2)(ah) of this section. (h) Administrative Procedures. The
following administrative procedures
(5) Off-site signs, except those shall be used in considering sign permit
specifically permitted by subsection (f) applications:
of this section.
(1) Permit Required. A sign permit
(6) Billboards, off-site advertising application shall be submitted to the
signs and other signs which give Planning Services Department for all
directions to or identify a use or signs unless specifically exempted by
product not sold or located at the subsection (f) of this Section. Said
location of the sign except as application must be approved prior to
permitted in subsection (f) of this placing, erecting, moving,
section. reconstructing, altering, or displaying
any sign.
(7) Flags, valances, balloons, pennants
and or other attraction devices. (2) Permit Application. Applications
for sign permits shall be made on
(8) Signs which are supported in whole forms provided by the Planning
or in part from any public utility Services Department and shall be
installation or any tree or other utility accompanied by the following
pole on public or private property. information or plans:
(9) Signs which by color, wording, (aa) Plan showing the design of the
design, location, or illumination sign including its overall dimensions,
resemble or conflict with any traffic colors, materials, the proposed copy
control devices or with the safe and and illumination specifications. For a
efficient flow of traffic. building -mounted sign, its location
must be shown on the building
(10) Signs which create a safety hazard elevation.
by obstructing the clear view of
pedestrian or vehicular traffic, per (ab) Site plan indicating the location of
section 9-3.605. the proposed sign(s).
(11) Signs which are placed on or (ac) Fees paid in accordance with the
written providing direction (excepting most recently adopted fee resolution, if
address) in windows of a vehicle, not part of an approved sign program.
where the vehicle is parked in such a
way as to promote or advertise, (3) Permit Application Fees. The
whether on public or private property. City Council may by resolution require
the payment of an application fee for
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the processing of such permits. If an
application fee is required, a sign permit
application shall not be accepted until the
applicable fee is paid.
(4) Application Review Process. The
Director shall review, or cause to be
reviewed all applications for sign
permits within five (5) working days
after their filing in order to determine
whether the application is subject to
administrative approval by the Director
or consideration by the Planning
Commission (where specifically
required). Said determination shall be
based upon the following criteria:
(aa) Administrative Approval. The
Director may administratively approve
sign applications which are determined
to be consistent with sign programs
previously approved by the Planning
Commission, and individual signs
determined to be in compliance with
the design criteria of this Section.
(ab) Planning Commission Approval.
All new development applications
which are subject to the development
review process shall submit a sign
program per Section 9-2.306 of this
Title. Said sign program shall be
reviewed and approved by the
Planning Commission prior to the
issuance of any sign permits. In
reviewing the sign program, the
Planning Commission shall find that
the location, size and design of the
individual signs contained in the sign
program are consistent with the design
criteria of this section. Said program
shall be used by the Director in
administering the approval of
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individual sign applications for
permanent signs not exempted per
subsection (f) of this Section.
(i) Exceptions. Exceptions to the design
standards of Subsection (d) of• -this
Section may be granted by the
Planning Commission after conducting
a duly noticed public hearing in
accordance with Section 9-2.313 of
this Title. In order to grant an
exception the Planning Commission
must make the following findings:
(1) The sign complies with all other
applicable criteria of this Section; and,
(2) The scale of the sign will be in
harmony with the architectural design
for the building which it will serve;
and,
(3) The sign will not create a hazard or
will be harmful to other adjacent
properties; and,
(4) The sign is an integral component
of a coordinated sign program for the
building or development.
(1) Appeals. Any decision of either the
Director or the Planning Commission
may be appealed to the City Council in
accordance with the procedures of
Section 9-2.314 of this Title, if filed in
writing with the City Clerk within
fifteen (15) days of the decision.
(m) Violation - The following provisions
shall apply to violations of this section:
(1) Removal of illegally sized signs,
illegally affixed signs, and unmarked
signs.
(aa) Temporary signs placed on private
property which obstruct the visibility
of traffic, street signs, signals or
emergency equipment, and are
determined by the Director of Building
and Engineering to pose a hazard to
public safety, are subject to immediate
removal by City employees.
Temporary signs removed in
accordance with this subsection shall
be stored and the owner notified in
accordance with written administrative
procedure.
(ab) Temporary signs improperly
marked in accordance with subsection
(f)(an) , or which are affixed, or which
are illegally located, are subject to
removal by City employees upon
twenty-four (24) hour notice. A notice
of removal will be affixed to the illegal
sign during this twenty-four (24) hour
period. A reasonable attempt will be
made to notify the sign owner of the
violation and the need to remove the
illegal sign. An owner of an illegal
temporary sign given notice to remove
the sign may file a written request for
an administrative hearing by the
Director, if he or she disputes whether
the sign is illegal. This written request
must be filed prior to the expiration of
the twenty-four (24) hour period of
notice. The sign will not be removed
until the administrative hearing is
conducted. The Director must hold an
administrative hearing within seventy-
two (72) hours of receipt of written
request to consider whether the sign is
illegal. If the Director finds that the
sign does not meet all applicable
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requirements of the Municipal Code
for temporary signs, the sign shall be
removed within twenty-four hours. If
the sign is not removed, the City will
cause the sign to be removed and it
will be stored at City offices: in
accordance with written administrative
procedure.
(ac) Any temporary sign posted or
otherwise affixed in violation of
subsections (aa) and/or (ab) above may
be removed by officers of Police
Services, Building Inspectors, Public
Lands and Facilities employees, or by
a Code Enforcement Officer
(ad) Illegal or abandoned signs. As
used in this section, illegal signs do not
include legally erected, non-
conforming signs, for which an
applicable amortization period has not
expired. Abandoned advertising sign
shall mean any sign remaining in place
or maintained for a period of ninety
(90) days which no longer advertises
or identifies an ongoing business,
product, or service available on the
business premise where the sign is
located. All illegal or abandoned signs
shall be removed without
compensation, any on-site sign which
meets any of the following criteria:
(i) Any sign erected without
first complying with all
ordinances and regulations in
effect at the time of
construction and erection or
use;
(ii) Any sign which was
lawfully erected, but which the
display has been abandoned by
its owner, for a period
of not less than ninety
(90) days. Costs
incurred in removing
an abandoned display
may be charged to the
legal owner of the
premises upon which
the sign is located.
(2) In addition to the above, every
violation of any provision of this
Section shall be punishable as set forth
in Chapter 2, Title 1 of the Municipal
Code.
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DEFINITIONS AMENDED TO APPENDIX "A"
MUNICIPAL CODE
The following definitions shall be amended to Appendix "A" of the Municipal Code:
"Average finish grade" shall mean the average of the finish grades in a one -foot strip surrounding
a sign structure.
"Banner" shall mean a visual display device, with or without copy, usually rectangular in shape made
of flexible material, usually cloth, paper or plastic.
"Billboard" shall mean an off -premises sign with changing advertising copy.
"Building" shall mean any structure, other than a vehicle having a roof supported by columns or
walls for the housing, shelter, or enclosure of persons or property of any kind.
"Building -mounted sign" shall mean a sign affixed to or painted on a building, including awning,
window, or canopy.
"Building exposure" shall mean a building wall which is parallel to a public or private street,
highway, or designated parking area.
"Business" shall mean a commercial establishment, office, institutional, or industrial use which
produces goods or distributes goods and services.
"Construction sign" shall mean a sign containing information pertaining to a future development
or on-going construction on the site where the sign is located, including the name of the project,
developer, contractor, architect, financing source, future occupant(s), and other information directly
related to the development.
"Development" shall mean a building, a group of buildings which function as an integrated whole
and which have common access and/or parking facilities.
"Directional sign" shall mean a sign directing motorists or pedestrians to parking or building
entrances or providing similar directional information.
"Director" shall mean the Planning Director or the Director's authorized representative.
"Exception" shall mean a minor modification(s) to restrictions or requirements set forth in this
section, and which has no potential for adversely impacting adjacent property.
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"Externally illuminated sign" shall mean a sign which a source of light is used in order to make
readable by projecting light onto or around the message or copy of the sign.
"Freestanding pole sign" shall mean a sign supported upon the ground and not attached to any
building and mounted on poles.
"Freestanding monument sign" shall mean a sign which is supported by a solid base of masonry,
brick, block or wood.
"Incidental sign" shall be those signs that are permitted without need for a sign permit as listed
under section (f)(2).
"Identification sign" shall mean a sign whose commercial copy is limited to the name, type of
business, and address of the building, business, office, establishment, person, or activity.
"Internally illuminated sign" shall mean a sign which a source of light is projected through a
transparent material that consist of the letters of the message or sign copy.
"Logo" shall mean a trademark, copyright, or symbol of an organization which consistently used
within the conducting of the business activity.
"Major tenant sign" shall mean a business in a multi -tenant center which occupies more than fifteen
(15) percent of the net building square footage of a building or whose building area is designated as
a major tenant suite by the Planning Commission as part of a approved sign program.
"Neon sign" shall mean a sign of clear glass tubing to create sign copy using a neon gas as a visible
illuminating light source.
"Off-site sign" shall mean a sign referring to a person, establishment, merchandise, service, event,
or entertainment which is not located, sold, produced, manufactured, provided, or furnished on the
premise where the sign is located.
"On-site sign" shall mean a sign referring to a person, establishment, merchandise, service, event,
or entertainment which is located, sold, produced, manufactured, provided, or furnished on the
premise where the sign is located.
"Pedestrian sign" shall mean a small sign readable primarily from the abutting sidewalk or other
walkway, but generally not from the street.
"Political sign" shall mean a sign where text is limited to non-commercial speech pertaining to a
forthcoming public election for national, state or local candidates or issues.
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"Portable sign" shall mean any sign designed to be moved easily and which is not permanently
affixed to either the ground, a structure, or building, or vehicle.
"Real estate sign" shall mean a sign indicating that the premises on which the sign is located are for
sale. lease, or rent.
"Right-of-way" shall mean an area or strip of land, either public or private on which a right of
passage has been recorded.
"Shopping Center" shall mean a group of more than two retail stores and service establishments
designed to serve as a unit with shared access and common parking.
"Sign" shall mean any medium of visual communication, including copy, structure, and component
parts, which is used or intended to be used to attract attention to and identify an establishment,
product, service, activity, location, or to provide information.
"Sign copy" shall mean any words, letters, numbers, designs, or other symbolic representations
incorporated into the face of a sign.
"Sign face" shall mean the exterior surface of sign, exclusive of structural supports, on which is
placed the sign copy.
"Sign height" shall mean the measurement from the top of the sign face to the average finish grade
at the base of the sign.
"Sign permit" shall mean an entitlement for the City to place or erect a sign.
"Sign, projecting" shall mean a building -mounted sign where the face is not parallel to the building,
but which projects out at an angle.
"Sign size or area" shall be calculated in accordance with the examples shown in Figure 3-2 of this
section.
"Sign structure" shall mean the structural supports, uprights, and bracing for a sign.
"Temporary sign" shall mean a sign utilized to identify a business or other activity for an interim
period.
"Under canopy sign" shall mean a sign suspended beneath a projecting canopy, walkway cover,
awning ceiling; said signs are considered building -mounted.
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"Vehicle sign" shall be a sign permanently affixed to the vehicle indicating the name of the business
which is using the vehicle. The sign copy is limited to the logo, name of business, address of business
and/or telephone number only.
"Window sign" shall mean any written representation, emblem or other figure or similar character
painted on or otherwise affixed to a window, excepting that portion of sign copy that identifies days
and hours a business is open; any interior sign within five (S) feet of any window and visible from off
the subject building site shall be considered a window sign.
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