§ 9103.11

Because of the need to protect and enhance the City's unique character (including special places and features such as a vibrant Downtown, the urban forest, attractive streetscapes, diverse parks, historic buildings and places, and entertainment destinations), to protect public safety and property values, and to promote economic development and tourism through enhanced aesthetic appeal, the Council finds that proper sign control is an important governmental interest. The intent of the standards in this Section is as follows:

A.

Provide each sign user an opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs by appropriately regulating the time, place, and manner under which signs may be displayed.

B.

Preserve and enhance the community's appearance by regulating the type, size, location, quality, design, character, scale, color, illumination, and maintenance of signs.

C.

Encourage well-designed signs that attract and invite rather than demand the public's attention.

D.

Encourage the design of signs that complement the structures and uses to which they relate and that are harmonious with their surroundings.

E.

Ensure freedom of expression for sign uses, including noncommercial speech, by maintaining a contentneutral approach to sign regulation.

F.

Enhance the safety of motorists and pedestrians by minimizing the distraction of intrusive signs, as well as to protect the life, health, property, and general welfare of City residents and visitors.

G.

Provide a review process for signs to ensure compliance with the requirements of this Section.

A.

Regulatory Scope. This Section regulates signs, as defined in this Section, that are placed on private property or on property owned by public agencies other than the City and over which the City has zoning authority.

B.

Applicability. The regulations in this Section shall apply to all signs in all zones that come within the regulatory scope as defined in Subsection A, above, unless specifically exempted. Sign Permits shall be required in compliance with Section 9103.11.120 (Procedures for Sign Permits, Exemptions, and Revocations). In addition, the provisions of Municipal Code Article VIII (Building Regulations) relating to building and electrical codes, fees, penalties, and a method of enforcement shall also apply. Applications for Sign Permits that comply with all of the applicable requirements of this Section, and other applicable laws, shall be granted. Signs approved in conjunction with any other application shall be consistent with this Section, unless modified by a discretionary permit. Where approval of a Conditional Use Permit, Minor Use Permit, Modification, Site Plan and Design Review, or Variance has been obtained, any applicable conditions of that approval shall supersede the requirements of this Section.

C.

Sign Permit Required. A Sign Permit shall be required for all signs, including change of copy allowed under the provisions of this Chapter. Only signs that comply with all of the applicable provisions of this Chapter shall be granted. Content of a noncommercial message shall not be considered when any required Sign Permit application is reviewed. Content of a commercial message shall be considered only to the extent required to determine whether the sign is an on-site sign. See Section 9103.11.120 (Procedures for Sign Permits, Exemptions, and Revocations).

D.

Nonconforming Signs. An existing legally allowed sign that does not conform to the requirements of this Section shall be deemed a nonconforming sign and shall be subject to the requirements of Section 9103.11.160 (Nonconforming Signs).

E.

Specific Plans. Sign regulations contained in an adopted specific plan document shall not be less restrictive than the regulations in this Section. If the adopted specific plan does not provide regulations for a particular sign type or situation, the requirements of this Section shall prevail.

The policies, rules, and regulations stated in this Section apply to all signs subject to compliance with this Section.

A.

Compliance Required. No person shall erect, re-erect, construct, maintain, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure, or paint a new wall sign, in the City, or cause or permit the same to be done, contrary to, or in violation of, any provision of this Section.

B.

Interpretations by Director. Interpretations of the requirements of this Section shall be exercised in light of the City's content neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Section, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve, or deny the application based on the most similar sign type that is expressly regulated by this Section.

C.

Content Neutrality. It is the City's policy to regulate signs in a constitutional manner that is content neutral with respect to both noncommercial and commercial messages. For the purposes of this Section, a content-neutral regulation is a so-called "time, place, or manner" regulation, which, as the name suggests, does no more than place limits on when, where, and how a message may be displayed or conveyed.

D.

Message Substitution. Signs authorized by this Section are allowed to carry noncommercial messages in lieu of any other commercial or noncommercial messages. Substitution of messages may be made without an additional permitting process unless a building permit is required. This provision prevails over any more specific provision to the contrary within this Section. The purpose of this provision is to prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signs on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly constructed.

E.

Rules for Non-Communicative Aspects of Signs. Rules and regulations concerning the non-communicative aspects of signs (e.g., number, type, location, size, height, illumination, spacing orientation, etc.) stand enforceable independently of any permit or review process.

F.

Address Signs. Address signs are exempt from the provisions of this Section and are required to comply with Municipal Code Section 9266.2.8.11 (Address Numbers) in Article III (Public Safety).

G.

Property Owner's Consent Required. Signs shall not be displayed without the consent of the legal owner of the property, or the designated agent, on which the sign is mounted or displayed. For purposes of this regulation, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control, or use of the property.

The signs listed in this Section are exempt from the permit requirement and do not count toward the total display area limit which is otherwise applicable. However, the signs described in this Section shall be subject to the applicable safety codes and to all other applicable laws. Any such exempt sign shall not block or interfere with the visibility triangle.

A.

Address Signs. Address signs made up of numbers and/or letters 12 inches high or less.

B.

Flags. Flags of any nation, state, or city when displayed in compliance with the Flag Code (36 USC, Section 173 et seq.).

C.

Names of Buildings, Commemorative Tables, and the Like (with Limitations). Names of buildings, commemorative tables, and the like when carved into stone, set in concrete or similar material, or constructed out of bronze, aluminum, or other permanent material.

D.

Public Notices and Warnings. Signs displayed by a public body or officer in the performance of a public duty or by any person pursuant to a governmental requirement or legal duty of function. This section applies to and includes signs whose function is to provide legal notice or functional information such as traffic signs, public transit signs, utility company signs, public restroom signs, warning signs, and signs placed by a public agency for the purpose of guiding persons to emergency centers and places of public interest.

E.

Public Signs within a Right-of-way.

1.

Public signs posted by or for government agencies that provide public information, identify public property, post legal notices, or direct or regulate traffic of any kind.

2.

Bus or train stop signs posted by public transit agencies.

3.

Public utility signs that convey information about its lines, pipes, poles, or other facilities.

4.

Emergency warning signs posted by a governmental agency, public utility, or contractor doing authorized work in the public right-of-way.

F.

Security and Warning Signs. Signs established for the sole purpose of alerting the public of the presence of security personnel, cameras, or other control on a site, provided that any individual sign is not more one foot by foot in size.

G.

Signs Advertising Properties for Sale or Lease.

1.

Only one sign advertising properties for sale or lease shall be allowed per property per street frontage. Signs shall be limited to a total height of six feet, with a maximum face area size of six square feet in residential zones and 24 square feet in non-residential zones. For new commercial and industrial developments, the maximum face area is 32 square feet.

2.

Primary sign may have one secondary attached sign not to exceed one square foot, and one brochure box.

3.

The sign may be placed in a yard, in a window, or on a wall.

4.

All signs shall be removed within 14 days after the sale, lease, or rental that has been completed. For those properties that continuously advertise properties for lease, such as a commercial center or an office building, such signs shall not be required to be removed but shall be integrated into the overall site and building design.

5.

Signs shall only be posted on the subject property for sale, lease, or rent.

H.

Signs or emblems of a religious, civil, philanthropic, or historical markers or plaques.

I.

Traffic Control and Directional Signs (with Limitations). On-site traffic control signs and signs providing directions to specific areas including, but not limited to, building entrances, parking facilities, and onsite facilities may be displayed. Such signs shall have a maximum area of four square feet and a maximum height of four feet.

J.

Vending Machine Signs. Signs on approved vending machines.

(Ord. No. 2347, § 4(Exh. B), 6-6-17; Ord. No. 2375, § 4(Exh. A), 4-6-21)

9103.11.050 - Prohibited Signs.

The following signs and sign types shall be prohibited throughout all zones in the City.

A.

Abandoned Signs. Abandoned signs, subject to Section 9103.11.170 (Abandoned Signs).

B.

Banners, Pennants, Streamers, and Similar Devices. All types of signs and exterior decorations that can be considered banners and/or pennants, except as otherwise allowed by Section 9103.11.100 (Temporary Signs).

C.

Off-site Commercial Signs (Billboards). The City prohibits the construction, erection, or use of off-site signs displaying off-site commercial messages (i.e., billboards) other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted. The City adopts this policy in compliance with California Government Code section 65850, California Business and Professions Code Sections 5354(a) and 5408.3 (both effective January 1, 2003). Permits shall not be issued for off-site signs displaying off-site commercial messages that violate this policy, and the City will take immediate abatement action against signs constructed or maintained in violation of this policy. The Council affirmatively declares that it would have adopted this policy even if it were the only provision in this Section. The Council intends for this off-site sign policy to be severable and separately enforceable even if other provisions of this Section may be declared by a court of competent jurisdiction to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to relocate existing, legal off-site signs, as encouraged by California Business and Professions Code Section 5412. Existing off-site commercial signs are considered nonconforming signs and are regulated by Section 9103.11.160 (Nonconforming Signs).

D.

Cabinet Signs - New. Any sign with a plastic, acrylic, or similar material face (panel) attached to a metal frame (cabinet).

E.

Changeable Copy Signs (Manual). Changeable copy signs, except as a component of another type sign allowed through the Comprehensive Sign Program (Section 9103.11.130) or when used on a marquee sign. This prohibition does not include fuel price signs at service stations.

F.

Commercial Mascot and Moving Signs. Commercial mascot signs and any automated sign that moves, flashes, blinks, reflects, revolves, or any other similar sign (excluding electronic message boards).

G.

Hazardous Location. Signs located so that the signs, or a portion of the sign or sign supports, interfere with the free use of a fire escape, exit, or standpipe; obstruct a required door, stairway, ventilator, or window; encroach into a public right-of-way; block the view of traffic control devices; interfere with the traffic visibility area; or are otherwise hazardous.

H.

Inflated Signs. Any signs or decorations that are inflatable, such as balloons or any size of shape, and any signs that are air-blown or inflated or animated by the internal flow or air, such as signs that appear to have a waving body and appendages, except as otherwise allowed by Section 9103.11.100 (Temporary Signs).

I.

Over or On Public Rights-of-way or Any Public Property. Any sign placed on or over a public right-or-way or public property, except when allowed through Section 9103.11.100 (Temporary Signs).

J.

Pennant. A triangular or irregular piece of fabric or other material, commonly attached to a string or strings, or supported on small poles intended to flap in the wind.

K.

Pole Signs - New. Any sign that is supported by a single pole or similar support structure.

L.

Reflective Sign. A sign containing any material or device which has the effect of intensifying reflected light.

M.

Resembling Traffic Signs. Signs that appear in color, design, location, or illumination to resemble or conflict with any traffic control devise.

N.

Roof Signs - New (those that are wholly mounted on the roof). Signs painted on or attached to a roof, excluding addresses required by law enforcement or fire regulations.

O.

Signs in Residential Zones. No signs, sign structures, or sign devices of any character shall be allowed in any residential zones, except signs displaying a property address, any permitted temporary signs, signs with a noncommercial message, and signs associated with an approved public or religious assembly use.

P.

Snipe Sign. A sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public right of way or on any private property without the permission of the property owner. Also known as bandit sign.

Q.

Vehicle Signs. Signs identifying a business shall not be affixed to or placed in or on vehicles parked in the public right-of-way or on private property in a manner such that the vehicle functions as a sign for the business. This regulation shall not apply to buses and taxicabs legally operating within the City limits, or to other allowed uses regulated under other Articles of the Municipal Code.

R.

Video or Projected Signs (by means of projected light or similar). Any sign created by projecting light onto a surface.

9103.11.060 - Allowable Area for Identification.

With regard to any business in the City applicable to the signs listed here, no more than one-third of the sign area of each such sign(s) may contain a non-English language translation of the business identification. The remaining two-thirds of the sign area shall be in the Roman alphabet, English language, and include Arabic numerals. The sign(s) must be clearly readable from a distance of 100 feet. This requirement shall apply to monument signs, pylon and pole signs, mounted wall signs, painted wall signs, blade (projecting) signs, marquee signs, and window signs.

9103.11.070 - Permanent Signs by Zone - Locations and Allowed Sign Area.

A.

General. This subsection provides regulations for permanent signs by designated zoning areas. Figure 3-18 (Examples of Sign Types) illustrates an example of the mix of signs that may be found on a building.

B.

Encroachment into Public Right-of-Way. Any encroachment of any awning, blade, or marquee sign into a public right-of-way shall be subject to review and approval by the City Engineer, and shall comply with any conditions imposed to permit such encroachment.

C.

Commercial Regional (C-R) Zone. Due to the unique and integrated nature of properties and uses in the C- R zone, all permanent signage for uses and development in the C-R zone shall either comply with

regulations established via City Council Resolution or shall require the approval of a Comprehensive Sign Program pursuant to Section 9103.11.130 (Comprehensive Sign Program).

D.

All Other Zones. Signs in all other zones not specified within this Section shall be subject to approval through a Comprehensive Sign Program in compliance with Section 9103.11.130 (Comprehensive Sign Program).

E.

Prohibiting Signs Not Commensurate With Commercial Uses. Signage proposed in areas zoned as Mixed Use, Horse Racing or Special Use under this Code shall be limited to sign types specifically permitted under this Code in those land use zones designated as "commercial" (e.g. C-0, C-1, C-2, C-3, C-M, C-C, CPD-1 and CBD zones). All Specific Plans and Development Agreements between the City and any

developer shall conform to and be consistent with the sign ordinances in effect at the time a Specific Plan or a Development Amendment is adopted. No Specific Plan or Development Agreement may permit a sign unless such sign type is specifically allowed under this Code within those land use zones designated under this Code as "commercial" (e.g. C-0, C-1, C-2, C-3, C-M, C-C, CPD-1 and CBD zones).

Figure 3-18

Example of Sign Types

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the sign cabinet and the architectural character of buildings on the site. 10) Electronic changeable message signs shall be allowed only for gas station price signs and places of religious assembly, subject to issuance of a Minor Use Permit.

Figure 3-19

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Figure 3-21 Appropriate Wall Sign

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Figure 3-22

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Figure 3-24 Sign Measurement

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(Ord. No. 2222, § 3B, 1-10-07; Ord. No. 2375, § 4(Exh. A), 4-6-21)

Editor's note— Ord. No. 2222, adopted January 10, 2007, was mistakenly omitted from this Code when it was passed and has been reincorporated as subsection E of this section at the city's direction.

9103.11.080 - Regulations Specific to Types of Permanent Signs.

A.

Changeable Copy Sign - Electronic. Electronic changeable message signs shall only be allowed for institutional uses, gas station price signs, and Chamber of Commerce signs. All such signs shall be required to comply with the following regulations:

1.

Display.

a.

Sign images shall not change more often than as permitted by the permit or other entitlement issued for the sign.

b.

The images shall change instantaneously, with no special effects or video.

c.

Any form of moving, animated, scrolling, oscillating, or rotating images, or any other design intended to attract attention through movement or the semblance of movement on the whole or any part of the sign, or any other method or device that suggests movement, is prohibited.

2.

Design.

a.

Signs shall have a photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing. The nighttime intensity shall be limited to 0.3 foot candles (over ambient levels) as measured at a height of five feet above the ground and a distance of between 150 and 350 feet from the sign under consideration, depending on the size of the sign, and aimed at the sign.

b.

The City may modify or further restrict the intensity of any electronic changeable copy sign shall the lighting create a distraction to drivers.

c.

Each sign structure shall, at all times, include a facing of proper dimensions to conceal back bracing and framework of structural members and/or any electrical equipment. During periods of repair or alteration, such facing may be removed for a maximum period of 48 consecutive hours.

B.

Channel Letter Signs.

1.

Design.

a.

Only translucent faces, reverse lit channel letters, or push-through acrylic panels are allowed.

b.

Exposed raceways and wireways are prohibited unless necessitated by structural considerations, as determined by the Building Official.

2.

Lighting.

a.

Channel letter signs may only be internally illuminated. No open-face channel letters are allowed, whereas the method of illumination is exposed.

b.

The light source of illuminated channel letter signs shall not be visible from or cast into the right-of-way nor cause glare hazards to passersby or adjacent properties.

c.

Light sources shall not be mounted to any part of the sign.

C.

Murals. Murals may only be installed and maintained through approval by the Director. Murals may only be located in nonresidential zones.

9103.11.090 - Signs for Specific Uses.

A.

Drive-through Establishments. In addition to the signs allowed in Section 9103.11.070 (Permanent Signs by Zone - Locations and Allowed Sign Area), drive-through food service establishments shall be allowed the following signs:

Up to two freestanding menu boards per allowed drive-through lane, with copy on a single face and total sign face not to exceed 50 square feet in sign area and seven feet in height, located immediately adjacent to the drive-through lane, and readable only on site.

2.

One wall-mounted board not to exceed 12 square feet, located in the immediate area of the drive-through lane only, and readable only on-site.

3.

Directional signs shall be the least number to provide adequate directional information and to ensure safe circulation, as determined through the Site Plan and Design Review process.

B.

Home Occupations. No signage shall be allowed or erected in association with any home occupation use.

C.

Multi-tenant Buildings. Multi-tenant buildings are allowed tenant directory signs, each with a maximum area of eight square feet. These business directory signs shall not count towards the maximum allowable sign area for a site.

D.

Places of Assembly. In addition to signs allowed in Section 9103.11.070 (Permanent Signs by Zone - Locations and Allowed Sign Area), facilities whose activities and events change on a regular basis (e.g., places of religious assembly, skate rinks, theaters, stadiums, etc.) shall be allowed the following additional signs:

1.

Canopy sign, one for each street frontage, either wall-mounted or freestanding, in which the area shall not exceed 50 percent of the allowable sign area for each sign type.

2.

Theaters with three or more screens shall be allowed an additional 10 square feet of sign area for each screen.

3.

Glass encasements for special advertisements shall be allowed to be affixed to the primary building. Encasements shall not exceed a width of three feet or a height of four feet, the number of which shall be approved by the Director.

E.

Service Stations. In addition to the signs allowed in Section 9103.11.070 (Permanent Signs by Zone - Locations and Allowed Sign Area), service stations shall be allowed the following signs:

1.

Service stations shall be allowed one wall or monument sign for each street frontage. A combination of wall and monument signs may be used, but no more than a total of four signs.

2.

Wall signs shall not exceed 10 percent of the building face, with a maximum size of 30 square feet, and not exceed past the roofline or 20 feet above finish grade, whichever is less. A maximum of two wall signs are allowed per service station.

3.

A maximum of two monument signs are allowed per service station. Monument signs shall be designed to include the identification of the station and gasoline prices. No other price signs are allowed.

4.

Additional special service signs are allowed up to a maximum of two per each service island, provided that the signs are located at the site of the service provided (e.g., air/water, lube, brakes, etc.) and that each sign does not exceed three square feet.

5.

Instructional and warning signs and signs required or authorized by State or Federal law shall be exempt from the provisions of this Subsection.

The following types of temporary signs are allowed subject to the standards of this section. A Temporary Sign Permit shall be obtained from the Director prior to displaying temporary signs, unless specified in Section 9103.11.404 (Exempt Signs).

A.

Temporary Signs.

1.

General. The following signs described in this Section shall be allowed on a temporary basis in the zones indicated. If a wall or hedge prevents a sign from being located as provided in this Section, the sign may be placed immediately adjacent to the wall or hedge. No sign shall be placed in a location that interferes with the visibility of vehicular ingress or egress to the property or adjoining properties as per the standards provided in Subsection 9103.01.070 (Vehicular Visibility Standards) or where such signs may interfere with or be confused with any traffic signal or device.

Restriction on Placement.

a.

Temporary signs shall not be placed on awnings or canopies.

b.

Temporary signs shall not be placed in public rights-of-way.

3.

Residential Zones.

a.

Table 3-14 identifies allowed temporary signs in residential zones.

b.

Within residential zones, allowable temporary signs shall be located at least 10 feet from adjoining premises and at least five feet from a paved roadway. Where any sidewalk exists, the location shall be at least three feet from the sidewalk in the direction of the residence.

Table 3-14 Temporary Signs: Residential Zones

Nonresidential Zones.

5.

Additional Conditions. Temporary window signs that exceed the allowable maximum sign area shall be allowed to advertise special events, provided a business shall not use such temporary window signs for more than 60 cumulative days in any one calendar year. A Temporary Sign Permit shall be obtained from the Planning Division before the painting, posting, or affixing of any temporary sign. Exception: A Temporary Sign Permit is not required for temporary signs associated with Federal, State, and local government elections.

B.

Temporary Banners.

1.

Temporary banners shall only be allowed in C-O, C-G, C-M, CBD, DMU, MU, M-1, and SP zones. Exceptions shall be made for allowed institutional and public assembly uses within residential zones subject to Director approval.

2.

Aside from any other section of the Municipal Code, the owner or person who installs or displays a banner in violation of this Section shall remove the banner upon order of the Director or designee. For the purpose of this Section, any portion of any day in which a banner is or remains installed or displayed shall be counted as one full day.

3.

No banners shall be allowed other than temporary banners. The following regulations shall apply to temporary banners:

C.

Portable and A-Frame Signs. The use of small, pedestrian-oriented, portable signs is allowed in all nonresidential zones on private properties subject to the approval of a Sign Permit and the following standards:

1.

Only businesses with street frontage are allowed to have portable signs. Businesses that are located along pedestrian arcades/walkways having access to the street may also use portable signs, but shall not locate such signs within the public right-of-way unless an Encroachment Permit has been issued by the Engineering Division. In addition, each group of businesses located along an arcade/walkway may use one portable directory sign listing all businesses along the arcade/walkway, which may be located within the public right-of-way.

No business shall be allowed to have more than one portable sign.

3.

Portable signs shall be utilized only during regular business hours and shall be removed during nonbusiness hours.

4.

Portable signs shall have a maximum sign area of six square feet per face. The maximum height from ground level shall be four feet and the maximum width shall be two feet.

5.

Portable signs may be located on private property, provided they do not interfere with pedestrian movement or wheelchair access to, through, and around the site. A minimum access width of five feet shall be maintained along all sidewalks and building entrances accessible to the public.

6.

Portable signs shall not encroach into required off-street parking areas, public roadways, or alleys, and may not be arranged so as to create site distance conflicts or other traffic hazards. Portable signs shall not be placed within the corner curb return areas of intersections.

7.

Portable signs shall have a weighted base or comparable feature capable of keeping the sign upright in a moderate wind.

8.

Materials for portable signs shall be of a permanent nature. Signs shall be constructed of durable, weatherresistant materials and not be subject to fading or damage from weather. The use of paper or cloth is not allowed unless located within a glass or plastic enclosure.

9.

No lighting shall be allowed on or for portable signs.

10.

Portable signs shall be professionally designed in an attractive manner meeting the approval of the Director or designee subject to a Sign Permit, and present an image of quality and creativity.

D.

Flags. Flags of the United States, the State of California, and other government entities shall be allowed in zones within subject to the following regulations:

Flags mounted on a building shall allow for a minimum clearance of seven feet over a pedestrian right-ofway and 15 feet over a vehicular way.

2.

A maximum of three flags shall be allowed.

3.

A flag shall not exceed 15 square feet per flag for residential zones.

4.

The maximum height of a flagpole shall conform to Subsection 9103.01.050.C.1 (Exceptions to Height Limits in All Zones—Flagpoles).

E.

Developer-Contractor signs. A temporary sign that provides information about the project and the developer managing construction site.

1.

Only one (1) developer-contractor sign is permitted on a residential property and up to two (2) on a commercial site

2.

Each sign shall be a maximum of 16 square feet in area and six (6) feet in height.

3.

Signs shall be set back a minimum of 10 feet from adjoining properties, and shall be placed on private property and/or directly adjacent to approved construction fencing installed parallel to a public street. Signs shall not overhang or obstruct a public sidewalk, and shall be placed in a location that does not interfere with vehicular visibility at intersections or driveways per the standards on file with Planning Services.

(Ord. No. 2375, § 4(Exh. A), 4-6-21)

9103.11.110 - Iconic Signs.

A.

Purpose. The purpose of this Section is to:

1.

Preserve the City's unique character (including special places and features such as a vibrant Downtown, the urban forest, attractive streetscapes, diverse parks, historic buildings and places, and entertainment

destinations), history, and identity, as it may be reflected in iconic signs;

2.

Preserve the historical sign vernacular existing as stand-alone features and in areas of the City with concentrations of surviving period signage; and

3.

Protect the community from inappropriate reuse of nonconforming and/or illegal signs.

B.

Applicability. This Section applies to legally established existing signs in the City that can be characterized as follows, as determined by the Director.

1.

Iconic signs shall conform to all of the following technical features:

a.

The sign uses materials and technology representative of its period of construction.

b.

The sign is detached, projecting, or roof mounted.

c.

The sign is structurally safe or can be made safe without substantially altering its original appearance.

2.

Iconic signs shall conform to two or more of the following cultural or vernacular design features:

a.

The sign exemplifies the cultural, economic, or period heritage of Arcadia.

b.

The sign exhibits extraordinary aesthetic quality, creativity, or innovation.

c.

The sign is unique; the sign is obsolete sign copy that is originally associated with a chain or franchise business that it either local or regional chain or franchise only found in Arcadia or the western United States; or there is scholarly documentation to support its preservation; or it is a rare surviving example of a once common type.

d.

The sign retains the majority of its character-defining features. If character-defining features have been altered or removed, the majority are potentially restorable to their original function and appearance.

e.

The sign is at least 50 years old.

C.

Where Allowed.

1.

Iconic signs are allowed in all non-residential zones when conforming to the requirements of this Section 9103.11.110.

2.

Relocation of an iconic sign shall be permitted through an approved Sign Permit, provided the following requirements are met:

a.

Relocation shall be to a location within the original premises or to a location within the specific district in which it is located.

b.

If relocated to another premise, the sign shall display a conspicuous text or a plaque, using a template provided by the City, that indicates that the sign has been relocated, the date of relocation, and the original location.

3.

Iconic signs are exempt from the provisions of Subsection 9103.11.170 B. (Removal of Abandoned Signs) and Section 9103.11.160 (Nonconforming Signs). Any alteration, modification, or relocation of an existing iconic sign shall be subject to the provisions of Section 9103.11.130 (Comprehensive Sign Program).

D.

Maintenance and Modifications. Iconic signs shall be structurally sound and comply with the requirements of Section 9103.11.140 (Sign Maintenance), or will be brought into conformance with such requirements within a reasonable and specified time.

E.

Change in Sign Copy.

1.

Text changes shall not result in changes to character-defining text, as determined by the Director.

2.

Text changes shall match or be compatible with existing text in material(s), letter size, font/typography, and color, as determined by the Director.

9103.11.120 - Procedures for Sign Permits, Exemptions, and Revocations.

A.

Sign Permits.

1.

Sign Permit Required (including Temporary Signs).

a.

To ensure compliance with the regulations contained in this Section, a Sign Permit shall be required to erect, move, alter, or reconstruct any permanent or temporary sign or sign structure, except for signs exempt from permits in compliance with Subsection B, below. Sign Permits are also required for signs approved through a Comprehensive Sign Program, as provided in Section 9103.11.130 (Comprehensive Sign Program).

b.

An application for a Sign Permit shall be made in writing on forms provided by the Planning Division.

2.

Approving Authority.

a.

The Director shall review all Sign Permit applications for conformance with the provisions of this Section. The Director shall approve or deny the permit application within 30 days from the receipt of a complete application and the applicable fees.

b.

If the application is denied, the Director shall notify the applicant with the reason(s) stated for denial. Notification shall be sent to the address provided on the application, which shall be considered the correct address. Each applicant has the burden to furnish any change of address to the Director.

c.

In the event an application is denied, the applicant may appeal the Director's decision in compliance with Section 9108.07 (Appeals).

B.

Exemptions from Sign Permit Requirements. Sign Permits shall not be required for the signs listed as exempt in this Subsection. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site or project. However, exempt signs shall be required to adhere to the regulations established for each sign type. Signs erected without complying with the applicable regulations are considered illegal and shall be removed in compliance with Section 9103.11.180 (Illegal Signs). An exempt sign may still require a Building Permit, subject to the provisions of Municipal Code Article VIII, Chapter 1 (Building Code).

1.

Routine Maintenance. The painting, repainting, or cleaning of a sign shall not be considered erecting or altering a sign and shall not require a Sign Permit unless structural changes are made.

2.

On-site, Non-illuminated Signs. The following on-site, non-illuminated signs shall not require issuance of a Sign Permit:

a.

Incidental Signs. Signs or notices that are incidental to an establishment (e.g., hours of operation, menu, credit card information, emergency contact information, etc.), provided that the signs do not exceed four square feet in area for all of the signs combined. Incidental window signs shall not be included in permanent window sign area calculations unless such signs are illuminated.

b.

Building and Civic Markers. Memorial signs, plaques, and associated displays installed by civic organizations recognized by the City.

c.

Bulletin Boards. Bulletin boards for any legal, noncommercial establishment when located on the premises of the establishment and not over 12 square feet in area.

d.

Change of Copy. Changing the copy in approved changeable copy signs in existence as of the date of adoption of this Section, or approved through a Comprehensive Sign Program (Section 9103.11.130).

e.

Flags. Flags of any nation, State, City, or other government entity when displayed in compliance with the Flag Code (36 USC, Section 173 et seq.).

f.

Garage Sale Signs. See Municipal Code Article VI, Chapter 4, Section 6437 (Patio, Garage, and/or Backyard Sales).

g.

Government Signs. A sign erected by a Federal, State, County, agency, or the City.

h.

Holiday Window Painting. Signs and decorations painted on or applied to windows pertaining to holidays and seasonal events. All signs and decorations shall be removed within 10 days following the applicable holiday.

i.

Interior Signs. Interior signs, as defined in Section 9103.11.190 (Definitions).

j.

Official Signs. Official and legal notices or signs issued or placed by a court or government agency.

k.

Noncommercial Message Signs. Subject to the provisions of Section 9103.11.100 (Temporary Signs).

l.

Portable Parking Lot and Valet Parking Signs. One freestanding portable sign at each parking lot entrance limited to 10 square feet (two feet by five feet) in area. A valet parking plan approved by the Director shall indicate the location of the sign to ensure that the sign does not interfere with driver visibility or pedestrian movement.

m.

Public Service Signs. Public service signs authorized by Federal, State, or municipal agencies.

n.

Site Address. Subject to the provisions of Article III (Public Safety) of the Municipal Code.

o.

Vehicle Signs. Signs attached to vehicles that do not meet the criteria of "vehicle sign," as defined in Section 9103.11.190 (Definitions). Signs that do meet the criteria of vehicle sign are prohibited as provided in Section 9103.11.050 (Prohibited Signs).

p.

Other Features. Other features that do not fall within the meaning of sign, as defined in Section 9103.11.190 (Definitions).

C.

Change of Copy for Identification Signs. No person shall construct, install, alter, or maintain any sign in violation of the regulations outlined in this Section. Copy changes to existing signs, or similar alterations, shall be preceded by a submittal of plans to be filed with the Director for review of the identification requirements outlined in this Section. If the Director determines that the proposed sign in Roman alphabet is inadequate for appropriate identification, consistent with the intent and purpose of the ordinance from which this Section derives, the City may require supplementary wording or identification on the sign.

D.

Expiration and Extension of Sign Permit.

1.

An approved Sign Permit shall expire 12 months from the date of approval unless the sign has been installed or a different expiration date is stipulated at the time of approval. Before the expiration of a Sign Permit, the applicant may apply to the Director for an extension of an additional 12 months from the original date of expiration. In response to an extension request, the review authority may make minor modifications, or deny further extensions.

2.

The expiration date of the Sign Permit shall be automatically extended to concur with the expiration date of the companion Building Permit or other applicable permits.

E.

Revisions to Sign Permit. The Director may approve minor changes to an approved Sign Permit if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised Sign Permit by the Director.

F.

Revocation of Sign Permit.

1.

The Director may, in writing, suspend or revoke a Sign Permit if the permit was issued on the basis of a material omission or misstatement of fact, or in violation of any ordinance or any of the provisions of this Chapter, or if the allowed sign violates any applicable law.

2.

Within 15 days after issuance of the written notice, any sign authorized by the revoked Sign Permit shall be removed.

3.

Failure to remove the sign display within the 15-day period shall be a violation of this Development Code, and the sign shall be deemed a public nuisance.

G.

Appeals. The applicant may appeal the denial of a Sign Permit application in compliance with Section 9108.07 (Appeals).

H.

Modifications. Modifications to the provisions of this Section require the granting of an Administrative Modification pursuant to the provisions of Section 9107.05 (Administrative Modifications).

9103.11.130 - Comprehensive Sign Program.

A.

Purpose. The purpose of a Comprehensive Sign Program is to provide for the integration of all signs of a development project with the overall site design and the development's design into a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this Section.

B.

When Required. The approval of a Sign Permit for a Comprehensive Sign Program shall be required whenever any of the following circumstances exist:

1.

A project is located within the Commercial Regional (C-R) zone.

2.

Whenever three or more separate tenant spaces are present on the same parcel or on multiple parcels that are part of a unified shopping center or similar business center.

3.

Whenever a combination of residential and commercial uses is proposed for the same site or development proposal.

4.

Whenever five or more non-exempt signs are proposed for a single-tenant development.

5.

Whenever a project or parcel has more than 300 linear feet of frontage on a public street.

6.

Whenever an existing multi-tenant development of three or more tenants is being remodeled or rehabilitated to the extent that the value of the work will be greater than 20 percent of the replacement cost

of the structure(s), as determined by the Director.

7.

A Comprehensive Sign Program for a theater or cinema use may be applied to authorize signs that deviate from the standards of this Section. The Comprehensive Sign Program may allow marquee signs, brighter lights, and design features not otherwise authorized by this Section if the sign(s) is/are generally consistent with the purposes of this Section.

8.

Whenever the Director determines that a Comprehensive Sign Program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes, etc.).

C.

Limitations. A Comprehensive Sign Program shall not be used to override the prohibition on new off-site commercial signs in Subsection 9103.11.050.C (Off-site Commercial Signs [Billboards]).

D.

Review Authority. The Director shall be the review authority for a Comprehensive Sign Program.

E.

Application Requirements. A Sign Permit application for a Comprehensive Sign Program shall include all of the information and materials required by the Director and the filing fee set by the City's Planning Fee Schedule. The following minimum information shall be included with the application:

1.

Sign details indicating sign area, dimensions, colors, materials, letter style, proposed copy letter height and method of illumination.

2.

Site plan indicating the location of all existing and proposed signs.

3.

Building elevation(s) with sign location depicted and dimensioned.

F.

Standards. A Comprehensive Sign Program shall comply with the following standards:

1.

The proposed sign program shall comply with the purpose and intent of this Section, any adopted sign design guidelines, and the overall purpose and intent of this Section.

2.

The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and developments they identify, and to surrounding development when applicable.

3.

The sign program shall include all signs, including permanent, temporary, and exempt signs.

4.

The sign program shall accommodate future revisions that may be required because of changes in use or tenants.

5.

The sign program shall comply with the standards of this Section, except that deviations are allowed with regard to sign area, total number, location, and height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Section.

6.

Approval of a Comprehensive Sign Program shall not authorize the use of signs listed as prohibited by this Section.

7.

Review and approval of a Comprehensive Sign Program shall not consider any signs' proposed message content.

9103.11.140 - Sign Maintenance.

A.

Maintenance Required. Signs shall be maintained in a safe, presentable, and structurally sound condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and other maintenance activities. Failure to comply with these requirements may cause the sign to be declared a public nuisance, which shall be removed in compliance with this Section.

B.

Administrative Procedures for Improperly Maintained Signs. Improperly maintained signs shall be subject to the following administrative procedures:

1.

Notice of violation shall be sent to the last-known address of sign owner and property owner, informing the owner(s) of the time in which removal of sign or repair of condition shall be accomplished.

2.

If the owner(s) fail(s) to remove the sign or repair the condition, the City shall send final notice notifying the owner(s) that failure to remove or repair the sign within 30 days shall result in the issuance of a citation in compliance with the Municipal Code.

3.

If the owner(s) do(es) not remove the sign or repair the condition within the 30-day period, the City may apply the remedies identified in Municipal Code Article I, Chapter 2 (Penalty Provisions), in addition to any remedies otherwise available at law or in equity.

C.

Hazardous Signs. If a sign is damaged or not properly maintained to a degree that causes it to pose a physical danger to persons or property, the following provisions shall apply:

1.

Hazardous Signs Identified. A hazardous sign is a sign that poses a danger to the public or that could create a potential hazard. Hazardous signs are declared to be a public nuisance in compliance with Municipal Code Section 1201 (Abatement of Nuisance). The determination that a sign has become hazardous or unsafe shall consider only the physical condition and characteristics of the sign, and shall not consider the sign's message.

2.

Removal of Hazardous Signs. Upon discovering a hazardous condition, the City may cause the immediate removal of a sign(s) that is a danger to the public due to unsafe conditions. No hearing shall be required before the removal of any hazardous sign. The City is not required to give notice of intent to remove the sign(s) before removal, but shall endeavor to do so and shall inform the property, business, and sign owner(s) that the hazardous sign has been removed within three days following removal. See Municipal Code Section 1201 (Abatement of Nuisance).

The City may withhold the issuance of Business Licenses, Building Permits, Grading Permits, Certificates of Occupancy, and other land use entitlements and may issue stop work orders for a development project failing to comply with the provisions of this Section. If any improvements or programs required by this Section are either rendered unusable or discontinued, the property owner, employer, and tenant may be subject to enforcement procedures in compliance with Municipal Code Article I, Chapter 2 (Penalty Provisions).

A.

Continuance of Nonconforming Signs. Except as provided in Subsection 9103.11.160 D., below, a legal nonconforming sign may be continued and shall be maintained in good condition as required by Section

9103.11.140 (Sign Maintenance), but it shall not be:

1.

Structurally changed to another nonconforming sign, although its copy and pictorial content may be changed; or

2.

Structurally altered to prolong the life of the sign, except to meet safety requirements; or

3.

Expanded or altered in any manner that increases the degree of nonconformity.

B.

Repair and Maintenance. Nonconforming signs shall only be painted and repaired in place and shall not be removed from their existing location unless removal of the sign for painting or repair is part of the sign's customary maintenance and repair.

C.

Change of Business Type or Ownership. Upon a change of ownership or business type, the new owner of a nonconforming sign may change the name(s) on the sign so long as there is no change in the structure or configuration of the sign.

D.

Removal of Nonconforming Signs. Nonconforming signs shall be removed if:

1.

The nonconforming sign is more than 50 percent destroyed and the destruction is other than facial copy replacement. A nonconforming sign shall be deemed to be more than 50 percent destroyed if the estimated cost of reconstruction and repair exceeds 50 percent of the replacement cost, as determined by the Building Official.

2.

The nonconforming sign is remodeled, unless the sign is remodeled to comply with the provisions of this Section.

3.

Nonconforming signs shall be removed when a property is further developed in compliance with this Development Code.

4.

Nonconforming signs shall be removed before the installation of new signs advertising the same business or any new business on the site.

5.

Existing legal off-site signs (i.e., billboards) shall be removed when the property on which the sign is located is further developed.

6.

The nonconforming sign is located on a structure that is to be enlarged or expanded, if the nonconforming sign is affected by the construction, enlargement, remodel, or expansion. An enlargement, remodel, or expansion of the portion of the structure upon which the nonconforming sign is located or that is more than 50 percent of the structure area shall be deemed to affect the nonconforming sign.

7.

The nonconforming sign is temporary.

9103.11.170 - Abandoned Signs.

A.

Determination of Abandonment. Conforming and nonconforming signs shall be presumed abandoned under any of the following circumstances:

1.

The sign identifies or advertises a business that has ceased for more than 90 days;

2.

The sign is located upon a structure that has been abandoned by its owner for more than 90 days;

3.

The sign pertains to a bona fide business, lessor, service, owner, or product that has been unavailable upon the site for more than 90 days; or

4.

The sign has not been removed after the occurrence of a temporary event or activity with an approved Temporary Use Permit in compliance with Section 9107.23 (Temporary Use Permits).

5.

The sign is a hazardous sign that has been removed by the City and has not been recovered by the owner within the time period specified in Subsection 9103.11.140 (Sign Maintenance).

B.

Removal of Abandoned Signs.

1.

An abandoned sign or an abandoned nonconforming sign shall be immediately removed by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign.

2.

A sign frame or structure that has been abandoned shall be immediately removed by the owner or lessee of the premises upon which the sign frame or structure is located.

C.

Abandoned Signs for Closed Businesses. Abandoned signs shall be promptly removed by the property owner or person responsible for its installation and/or maintenance. The City may declare such signs to be a public nuisance and abate it pursuant to Business and Professions Code Sections 5499.2 et seq. or City law on abatement of nuisances.

A.

Strict Liability. Violations of this Section shall be treated as a strict liability offense regardless of intent.

B.

Illegal Signs Identified. The following signs are illegal, declared to be a public nuisance, and shall be subject to the enforcement procedures, as well as the procedures and remedies in Municipal Code Section 1201 (Abatement of Nuisance).

1.

A sign erected, placed, posted, constructed, reconstructed, altered, maintained, or moved after the effective date of this Section that does not comply with all applicable provisions of this Section.

2.

A sign erected, placed, posted, constructed, reconstructed, altered, maintained, or moved before the effective date of this Section or before annexation to the City that failed to comply with all regulations in effect at the time the sign was erected, placed, posted, constructed, reconstructed, altered, maintained, or moved.

3.

A nonconforming sign that is required to be removed or altered by Subsection 9103.11.160.D (Removal of Nonconforming Signs) and that is not removed or altered as required.

Signs with flashing elements that are not deactivated in compliance with Section 9103.11.160 (Nonconforming Signs).

An abandoned nonconforming sign.

An abandoned sign.

9103.11.190 - Definitions.

A-Frame Sign.

A portable freestanding sign that is hinged, folded, or otherwise angled at the top and widens at the bottom to form a shape similar to the letter "A." They are also referred to as portable signs.

Abandoned Nonconforming Sign.

A nonconforming sign that is advertising a use that has ceased, or is located upon a structure that has been abandoned for more than 90 days. See "Abandoned Sign." For the purposes of this definition, abandonment for the applicable 90-day period shall be deemed conclusive evidence of abandonment irrespective of the property, sign, or business owner's intent.

Abandoned Sign.

A sign that is advertising a use that has ceased; is located upon a structure that has been abandoned by its owner; does not identify or advertise a current bona fide business, lessor, service, owner, or product available upon the site; or that identifies or advertises an event or activity that has previously occurred. See Subsection 9103.11.170 (Abandoned Signs) for timelines for determining abandonment.

Accessory Sign.

See "Incidental Sign."

Address Sign.

The numeric reference of a structure or use to a street included as part of a sign.

Advertising Area.

That portion of a sign structure on which a commercial message is placed consistent with the standards of this Section.

Advertising Structure.

A structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever, including statuary, may be placed for advertising purposes. "Advertising structure" does not include:

• A structure for official notices issued by any court or public body or officer;

• A structure upon which notices are posted by any public officer in performance of a public duty or by any person in giving legal notices;

• A structure for directional, warning, or informational signs and/or notices, required or authorized by law or by federal, State, county, or City authority;

• A structure erected near the City or within the City which contains the name City of Arcadia and the names of, or any other information regarding, civic, fraternal, or religious organizations located within the City.

Animated Sign.

A sign that uses movement, lighting, or special materials to depict action or create a special effect or scene. This classification includes wind-actuated and other elements (e.g., balloons, bunting, pennants, streamers, whirligigs) or other similar devices.

Awning.

A roof-like structure usually covered in fabric (e.g., canvas) that projects from the wall of a structure for the purpose of shielding a doorway or window from the elements.

Awning Sign.

A sign painted on, printed on, or attached to the surface of an awning. See also Canopy Sign.

Figure 3-25 Awning Sign

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Backer Panel Sign.

A sign consisting of a flat panel onto which channel letters are mounted, whereby the panel is used to provide a contrasting background color for the sign or to allow for a more aesthetic treatment on a building façade.

Banner Sign.

A sign made of fabric or any non-rigid material with no enclosing framework and attached to any structure, pole, rope, wire, or framing which is anchored on two or more edges or at all four corners. Banners are temporary in nature and do not include flags.

Beacon Lighting.

Any source of electric light, whether portable or fixed, the primary purpose of which is to cast a concentrated beam of light generally skyward as a means of attracting attention to its location rather than illuminate any particular sign, structure, or other object.

Billboard.

A permanent structure used for the display of off-site commercial messages (see "Off-Site Signs").

Blade/Bracket Sign.

A small, pedestrian-oriented sign that projects perpendicular from a structure (blade sign) or is hung beneath a canopy (bracket sign). See also Projecting Sign.

Building Marker.

A sign indicating the name of a building and date and incidental information about its construction, which is cut into a masonry surface or made of bronze or other permanent material.

Cabinet Sign.

A sign that has one or more plastic, acrylic, or similar material faces (panels) that may or may not be internally illuminated. The sign panels may be either flat or shaped ("pan face") and are attached to a metal frame (cabinet).

Canopy.

A permanent roof-like structure of rigid or fabric materials extending from the main entrance of a structure and typically supported by posts at the corners furthest from where the canopy attaches to the structure. See also "Awning."

Canopy Sign.

A sign located on a permanent roof-like structure or canopy of rigid or fabric materials extending from the main entrance of a structure, or posts affixed to the ground.

Figure 3-26 Canopy Sign

==> picture [240 x 131] intentionally omitted <==

Changeable Copy Sign (electronic).

A sign with changeable copy that is changed by incorporating video display, flip-disks, incandescent lamps, fluorescent lamps, fiber optics, light-emitting diodes (LED), liquid crystal displays, plasma-displays, field emission displays, or any other mechanical or light-emitting matrix to convey changing copy or images. Also considered an animated sign.

Changeable Copy Sign (manual).

A sign with changeable copy that is manually changed, regardless of method of attachment or materials of construction. This classification includes bulletin boards and changeable copy signs on marquees. Does not include electronic message boards with lighted displays.

Figure 3-27 Changeable Copy Signs

==> picture [120 x 98] intentionally omitted <==

Channel Lettering.

Three-dimensional sign face lettering or logos such that the sign is on a different plane than the sign backing or structure.

Clearance.

The distance above the walkway, or other surface if specified, to the bottom edge of a sign. This term can also refer to a horizontal distance between two objects.

Combination Sign.

A sign that is a combination of any two or more types of signs.

Commercial Mascot.

Humans or animals used as advertising devices for commercial establishments, typically by the holding or wearing of signs, insignia, masks, or costumes associated with or advertising the commercial establishment. Includes sign twirlers, sign clowns, etc., including any mannequin intending to resemble a human or animal.

Commercial Message.

A message displayed on a sign that relates primarily to economic interests (e.g., the exchange or sale of goods or services). This definition shall automatically incorporate court rulings defining the term "commercial speech."

Copy.

The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.

Department.

The Development Services Department of the City.

Digital Sign.

The portion of a sign message made up of internally illuminated components capable of changing the message periodically. Digital displays may include but not limited to LCD, LED, or plasma displays.

Directional Sign.

On-Site Directional Sign.

An on-site sign giving directions for traffic, instructions, or facility information of an establishment but with no advertising copy (e.g., stop signs, parking, or exit and entrance signs).

Off-Site Directional Sign.

An off-site sign giving directions to businesses, sales offices, model home complexes, or points of interest, etc., but with no advertising copy. An off-site sign that is proposed to be located 500 yards or more from the property at which the use or establishment is located shall be presumed to not qualify as an "off-site directional sign."

Figure 3-28 Directional Signs

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Director.

The Planning Director of the City's Development Services Department, or the Planning Director's designee.

Directory Sign.

A sign listing the tenants or occupants of a building or building complex.

Display Surface.

The area made available by the sign structure for the purpose of displaying the advertising message.

Double-Faced Sign.

A sign designed with the intent of providing copy on both sides.

Figure 3-29 Double-Faced Sign

==> picture [228 x 97] intentionally omitted <==

Embedded Plaque/Sign.

Commemorative or decorative plaques, dates of construction, and the like when carved in stone, concrete, or similar material or made of bronze, aluminum, or other similar permanent material.

Establishment.

A legal, nonresidential use of land to conduct a commercial or noncommercial activity. By way of example

and not limitation, "establishment" includes stores, offices, places of worship, hospitals, manufacturing facilities, etc. Does not include home-based occupations or hobbies.

Façade.

The entire building elevation, including the parapet.

Face of Sign.

The area of a sign on which the copy is placed.

Fascia.

Typically, the smooth wall surface between a window and the parapet.

Flag.

A rectangular or cylindrical piece of fabric of distinctive design that is used as a symbol, as a sign device, or as a decoration and attached to a pole or anchored along only one edge or supported or anchored at only two corners.

Flashing Sign.

A sign that displays an intermittent or sequential flashing light source.

Foot-candle.

A unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter. One (1) footcandle is equal to one (1) lumen per square foot.

Foot-lambet.

A unit of emitted light (from a surface) stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter. One (1) foot-lambert is equal to one (1) lumen per square foot.

Freestanding Sign.

A sign supported permanently upon the ground by a structure and not attached to a building. This includes monument signs and pylon signs. See "Monument Sign" and "Pylon Sign." The following are freestanding signs:

• Monument Sign - A sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or attached to any part of a building.

• Pole Sign - A freestanding sign that is permanently supported in a fixed location by a structure of a single pole and not supported by a building or a base of the structure.

• Pylon Sign - A freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base of the structure, and for which the support components are well integrated into the overall design and materials on the sign.

Figure 3-30 Types of Freestanding Signs

==> picture [300 x 170] intentionally omitted <==

Frontage.

Building Frontage.

The structure elevation that fronts on a street, alley, driveway, parking area, pedestrian plaza, walkway, courtyard, or arcade.

Building Frontage, Primary.

The side or façade of a structure that abuts the front setback of the parcel on which the structure is located.

Building Frontage, Secondary.

The side or façade of a structure that abuts the street side setback of the parcel on which the structure is located.

Street Frontage.

The length of the property line of a parcel along a right-of-way on which it borders.

Tenant Frontage.

That portion of a multi-tenant building façade that is devoted to a single tenant.

Figure 3-31 Signage Frontages

==> picture [204 x 184] intentionally omitted <==

Gas Station Canopy Signs.

Any sign that is part of, or attached to, the vertical sides of the gas station canopy roof structure. For the purposes of this ordinance, gas station canopy signs shall be considered a canopy sign.

Governmental/Civic Sign.

Any temporary or permanent sign erected and maintained by or required by the City, county, State, federal, or other government entity for traffic direction, entrance or directions to a government facility, or for designation to any school, hospital, historical site, or public service property or facility.

Halo-lit Letter Sign.

See "Reverse Channel Letters Sign."

Height.

The vertical dimension of a sign, as measured from the finished grade at the base of the sign to the topmost portion of the sign.

Illegal Sign.

A sign installed without issuance of a Sign Permit, not in compliance with this Chapter, and/or not a legal nonconforming sign.

Illuminated Sign.

A sign lighted with an artificial light source for the purpose of decorating, outlining, accentuating, or brightening the sign area.

Externally Illuminated Sign.

A sign illuminated from an exterior light source.

Indirectly Illuminated Sign.

A sign whose illumination is derived entirely from an external artificial source that is arranged to illuminate the sign area only.

Internally Illuminated Sign.

A sign illuminated from an interior light source contained within the sign cabinet.

Incidental Sign.

A small sign, emblem, or decal informing the public of the facilities, trade affiliation, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business or presence of parking).

Inflated Display Sign.

A three-dimensional object filled or activated by moving or non-moving air or other gas that is located, attached, or tethered to the ground, site, merchandise, structure, or roof and used as a sign or to attract attention. This definition does not include inflated gymnasium-type jumping or sliding devices used temporarily for a non-advertising activity (e.g., children's parties, etc.).

LED (Light-emitting diode) Sign.

A sign consisting of a flat display panel which uses an array of light-emitting diodes as pixels for a video display. Such signs are capable of having rapidly changing messages.

Legibility.

The physical attributes of a sign that allow for an observer's differentiation of its letters, words, numbers, or graphics.

Logo.

An established trademark or symbol associated with a business or corporation.

Luminous Tube Signs.

A sign that consists of or is illuminated by exposed electrically charged gas-filled tubing (e.g., neon and argon signs) or by fiber optics.

Marquee.

A permanent roofed structure attached to and supported by the building and projecting from the building face and generally used to post or otherwise display copy associated with the on-site business.

Marquee/Under Canopy Sign.

An accessory sign attached to a marquee or canopy.

Menu Board.

A permanently mounted sign displaying the bill of fare for a drive-through restaurant.

Menu Sign.

Menu displayed on the exterior premises of a restaurant and sometimes visible from a public right-of-way.

Monument Sign.

A freestanding sign, the structure of which is supported from finished grade, giving the appearance of having a solid base. See "Freestanding Sign."

Moving Sign.

A sign which has an actual or apparent moving, revolving, or rotating part, activated by electrical, mechanical, or other devices or by wind movement. For the purposes of this Section, time and temperature displays and traditional barber poles are not considered moving signs.

Mural.

An artistic image or design painted or affixed to the exterior surface of a wall that does not contain any commercial text or message nor relates to the business upon whose premises it is painted.

Nonconforming Sign.

Legal Nonconforming Sign.

A legal sign that lawfully existed before the effective date of this Development Code or amendment, and that does not comply with the minimum sign regulations of this Development Code. This also includes legal signs lawfully located on sites annexed into the City after the adoption of these Zoning Regulations.

Illegal Nonconforming Sign.

See Section 9103.11.180 (Illegal Signs).

Noncommercial Message.

A sign message that is not commercial in nature. This definition shall automatically incorporate court rulings

defining the term "noncommercial speech."

Off-Site Sign.

A sign erected on a parcel that is not the location of the business or use that the sign is advertising.

Off-Site Message.

A message on a sign that advertises a business, accommodation, service, or activity not provided on the premises on which the sign is located. This classification includes billboards.

On-Site Message.

A message on a sign that advertises a business, accommodation, service, or activity provided on the premises on which the sign is located.

Panel Sign.

A sign consisting of a flat panel, usually consisting of wood or aluminum, that can be installed on walls, fences, or staked poles.

Parapet.

The extension of a false front or wall above a roofline.

Pedestrian-Oriented Sign.

A sign designed for and directed toward pedestrians so that the pedestrians can easily and comfortably read the sign as they stand adjacent to it. A pedestrian-oriented sign is usually read from a distance of 15 to 20 feet.

Permanent Sign.

A sign designed with durable materials and intended to be used in excess of 60 days per calendar year.

Personal Expression Sign.

An on-premises sign that expresses an opinion, interest, position, or other non-commercial message.

Pole Sign.

A sign supported by a single pole or similar support structure so that the bottom edge of the sign is one foot or more above grade.

Political Sign.

A temporary sign directly associated with national, State, or local elections.

Portable Sign.

Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.

Projecting Sign.

A sign that projects from and is supported by a wall of a building. Also known as a Blade Sign.

Public Service Sign.

Signs of utilities or other publicly regulated service providers indicating danger and similar aids to service or safety, including official advisory and signal flags.

Push-through Letters Sign.

A sign whereby the letters or images are routed out of aluminum or other sign material and then pushed through the routed area to provide depth.

Pylon Sign.

See "Freestanding Sign."

Raceway.

A channel for protecting and holding electrical wires and cables, typically a rectangular metal box for the electrical components of an illuminated sign consisting of channel letters. Pre-wired channel letters are mounted to the raceway, which in turn is mounted to a building wall. One set of wiring is then connected to the main circuit. The rectangular box (raceway) sets behind the attached letters and is not designed as an architectural feature.

Reverse Channel Letters Sign.

A sign that utilizes back-lit letters mounted away from a wall to create a halo effect.

Roof Line.

The top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, and minor projections.

Roof Sign.

A sign erected, constructed, or placed on or over the roof of a structure, to include a mansard roof, and that is partially or totally supported by the structure.

Security Sign.

An on-premises sign regulating the use of the premises, such as "no trespassing" or "no soliciting" sign. Also known as warning signs.

Service Station.

For purposes of this Section, a commercial facility that sells gasoline, diesel, or alternative fuel for the onsite fueling of individual vehicles.

Sign.

Any device, fixture, placard or structure, including its component parts, that draws attention to an object, product, place, activity, opinion, person, establishment, institution, organization, or place of business, or that identifies or promotes the interests of any person and that is to be viewed from any public street, road, highway, right-of-way or parking area. Does not include signs that are internal to a development (e.g., within a mall, office building, or multifamily building, etc.) and not visible from the public right-of-way.

The following are not within the definition of "sign" for regulatory purposes of this Section:

a.

Architectural features. Decorative or architectural features of buildings (not including lettering, logos, trademarks, or moving parts).

b.

Fireworks and other lights. The legal use of fireworks, spotlights, candles and artificial lighting not otherwise regulated by this Section.

c.

Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior or located at least five feet inward from the interior face of the window, provided the building or enclosed structure is otherwise legal.

d.

Legally required information (e.g., public notices, registration or licensing information, etc.).

e.

Manufacturers' marks. Marks on tangible products that identify the maker, seller, provider, or product, and that customarily remain attached to the product even after sale.

f.

Murals. A picture on an exterior surface of a structure. A mural is a sign only if it is related by language, logo, or pictorial depiction to the advertisement of any product or service or the identification of any business.

g.

Newsracks or newsstands.

h.

Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when they are permanently integrated into the structure or a permanent building that is otherwise legal; also includes foundation stones, corner stones, and similar devices.

Sign Area.

See Section 9103.11.070 (Specific Types of Permanent Signs). The total dimensions of a sign surface used to display information, messages, advertising, logos, or symbols. See Figure 3-24 (Sign Measurement) for measuring sign area.

Sign Face.

The part of the sign that is or can be used for the sign area. The sign area could be smaller than the sign face.

Sign Program.

See Section 9103.11.130 (Comprehensive Sign Program).

Sign Structure.

The sign and the supports, uprights, braces, and framework of the sign.

Temporary Sign.

A sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, fabric, cardboard, wall board, or other light nondurable materials, with or without frames, designed to be displayed for a limited period of time, generally fewer than 60 days in a calendar year.

Figure 3-32

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Time/Temperature Sign.

An electronic or mechanical device that shows time or temperature but contains no business identification or advertising.

Trademark.

A word, name or symbol which, with a distinctive type or letter style is associated with a business or business entity in the conduct of business.

Vehicle Sign.

A sign painted, affixed, or placed upon a vehicle or upon a trailer designed to be towed behind a vehicle. On street legal vehicles, the following insignia are not considered to be "Vehicle Signs," and are not regulated as Vehicle Signs:

a.

License plates.

b.

License plate frames.

c.

Registration insignia.

d.

Noncommercial messages painted on or otherwise attached in a manner so that the vehicle can be legally operated on public rights-of-way, or any noncommercial message that does not exceed a total of three square feet in size.

e.

Messages on a vehicle the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are

advertised by the messages on the vehicle, provided that the messages are painted or otherwise attached in a manner so that the vehicle can be operated on public rights-of-way.

f.

Commercial messages that do not exceed a total of three square feet in size.

g.

Commercial messages on duly licensed mass transit vehicles that pass through the City.

Wall Sign.

A sign attached to, erected against, painted on, or fastened to a wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall and that does not project more than 12 inches from the building or structure. A wall sign shall be limited to channel or painted lettering, with a hidden raceway, or a cabinet ("Cabinet Sign"). See Figure 3-34 (Wall Sign.)

Figure 3-34 Wall Sign

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Window Sign.

Any sign, whether or not temporary in nature, which is applied or attached to a window, or located within five feet of the inside of a window in a manner that it is visible from the exterior of the structure.

Section 9103.12 - Outdoor Displays

9103.12.010 - Regulations for the C-G, C-R, C-M, CBD, DMU, and MU Zones.

A.

Restricted. In the C-G, C-R, C-M, CBD, DMU, and DU zones, all merchandise shall be displayed within a completely enclosed building except as otherwise provided in this Section.

B.

On Private Property. Outdoor displays of merchandise on private property is permitted during hours that a business is open subject to the following regulations:

1.

Outdoor displays are allowed only where they do not interfere with pedestrian movement or wheelchair access to, through, and around the site.

2.

Outdoor displays shall not include merchandise typically for sale on the premises, except for service stations, florist shops, and antique shops.

3.

Sales tags showing the cost of the merchandise shall be prohibited.

C.

On Public Property. Outdoor display of merchandise on public property shall be permitted only with approval of a Minor Use Permit pursuant to Section 9107.09 (Conditional Use Permits and Minor Use Permits) and subject to the following conditions:

1.

A minimum access width of five feet shall be maintained along all sidewalks and building entrances accessible to the public.

2.

Owners of the business shall provide public liability insurance in an amount approved by the City Attorney.

3.

The placement and arrangement of outdoor displays may be conditioned part of the Minor Use Permit.

D.

Temporary Outdoor Sales. Temporary outdoor sales/promotional events may be allowed on the public right-of-way through the approval of a Temporary Use Permit pursuant to permit as outlined in Section 9107.23 (Temporary Use Permits).

E.

Exception. Temporary outdoor sales/promotional events, including only merchandise typically for sale on the premises, may be allowed on the public right-of-way in conjunction with a farmers' market or other City or downtown business association sponsored event.

Section 9103.13 - Performance Standards