§ 19.32

The regulations established by this Division are intended to appropriately limit the placement, type, size, and number of signs allowed within the City, and to require the proper maintenance of signs. The purposes of these limitations and requirements are to:

A.

Avoid traffic safety hazards to motorists and pedestrians caused by visual distractions and obstructions;

B.

Promote the aesthetic and environmental values of the community by providing for signs that do not impair the attractiveness of the City as a place to live, work, and shop;

C.

Provide for signs as an effective channel of communication, while ensuring that signs are aesthetically proportioned in relation to adjacent structures and the structures to which they are attached; and

D.

Safeguard and protect the public health, safety, and general welfare.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.32.020 - Applicability.

A.

Signs Regulated. The requirements of this Division shall apply to all signs in all zoning districts, except as follows:

1.

The requirements of this Division do not apply to signs within the REI zoning district.

2.

The requirements of this Division apply to signs within the PD (Planned Development) zoning district only to the extent that individual sites are not subject to specific sign standards established by an approved Master Plan or Precise Development Plan.

B.

Applicability to Sign Content. The provisions of this Division do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or noncommercial.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

No sign shall be installed, constructed, or altered unless it is first approved in compliance with this Section, or allowed without Sign Permit approval by Subsection F., below.

A.

Fees and Plans Required. An application for a Sign Permit shall be filed and processed in compliance with Division 19.40 (Applications - Filing and Processing). The application shall also include architectural elevations

and plans of all proposed signs drawn to scale, with all dimensions noted, and include illustrations of copy, colors, materials, and samples of the proposed colors and materials.

B.

Design Review and Approval. The Director shall review all Sign Permit applications and approve only those that comply with the findings required in Subsection D. The Director may require conditions of approval as are reasonably necessary to achieve the purposes of this Division.

The Director may refer Sign Permit applications to the Design Review Commission for action, either for the individual Sign Permit, or as part of a development project that is otherwise subject to Design Review Commission review.

C.

Master Sign Plan.

1.

When Required. A Master Sign Plan must be approved by the Director (or by the Design Review Commission upon referral by the Director) prior to the issuance of any Sign Permit for:

a.

A new nonresidential project with four or more tenants including four or more tenants located on a parcel zoned Planned District (PD) and subject to an approved Precise Development Plan; and

b.

Major rehabilitation work on an existing nonresidential project with four or more tenants, that involves exterior remodeling, and/or application requests to modify 50 percent or more of the existing signs on the site within a one year period. For the purposes of this Division, major rehabilitation means adding more than 50 percent to the gross floor area of the building/buildings, or exterior redesign of more than 50 percent of the length of any facade within the project.

All signs installed or replaced within the nonresidential project shall comply with the approved Master Sign Plan.

2.

Content of Plan. A Master Sign Plan shall provide standards for the uniform style, construction, size, and placement of signs within the proposed nonresidential project.

3.

Revisions. Revisions to a Master Sign Plan may be approved by the Director if it is first determined that the revision is minor and that the intent of the original approval, and any applicable conditions are not affected.

D.

Findings for Approval. The approval of a Sign Permit or Master Sign Plan shall require that the Review Authority first make all the following findings:

1.

The proposed signs do not exceed the standards of Sections 19.32.060 (Zoning District Sign Standards) and 19.32.070 (Standards for Specific Types of Signs), and are of the minimum size and height necessary to enable motorists and pedestrians to readily identify the facility or site from a sufficient distance to safely and conveniently access the facility or site;

2.

The size, location, and design of the signs are visually complementary and compatible with the size and architectural style of the primary structures on the site, any prominent natural features of the site, and structures and prominent natural features on adjacent properties on the same street; and

3.

The proposed signs are in substantial conformance with the design review criteria provided in Section 19.32.050 (General Requirements for All Signs).

E.

Time Limit for Action. A Sign Permit or a Master Sign Plan shall be approved or disapproved by the Review Authority in compliance with Section 19.40.070 (Initial Application Review).

F.

Signs and Sign Changes Allowed Without a Sign Permit. The following are permitted without a Sign Permit, provided that they comply with Section 19.32.050 (General Requirements for All Signs), and any required Building Permit is obtained:

1.

Nonstructural Modifications, and Maintenance.

a.

Modifications to sign copy on conforming signs, or changes to the face or copy of conforming changeable copy signs;

b.

Nonstructural modifications of the face or copy of an existing conforming sign installed in compliance with a Master Sign Plan, provided that the modifications are consistent with the Master Sign Plan approved in compliance with Subsection C.;

c.

The normal maintenance of conforming signs, except as set forth in 19.32.090.C.

2.

Temporary Signs. Temporary signs in compliance with Section 19.32.070.E.

3.

Governmental Signs. Signs installed by the City, or a Federal or State governmental agency within a public right-of-way; and any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibility to protect public health, safety, and general welfare.

4.

Official Flags. Flags of national, State, or local governments, or nationally recognized religious, fraternal, or public service agencies, provided that the length of the flag shall not exceed one-third the height of the flag pole. The maximum allowed height of a flag pole in a residential zoning district shall be 12 feet; the maximum height of a flag pole in a non-residential zoning district shall be 30 feet. Additional height may be authorized through Design Review approval.

5.

Political Signs. Political signs are allowed without a Sign Permit provided that the signs:

a.

Are no more than six (6) feet in height and shall not exceed 24 square feet in area within residential zoning districts and shall not exceed 32 square feet in area within nonresidential zoning districts;

b.

May be installed for up to 60 days prior to an election on private property with the property owner's consent or within the public right-of-way only in accordance with sight visibility area requirements of Section 19.20.070D; and

c.

Shall be removed within seven days following the election. Signs not removed after seven days shall be removed by the City at the expense of the political candidate or organization involved.

6.

Public Directional Signs and Notices. Signs showing the location of public facilities such as public telephones, restrooms, and underground utilities.

7.

Service Station Price Signs. Service station price signs required by State law.

8.

Street Addresses. Street address numbers not exceeding an aggregate area of two square feet.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The following types of signs and devices shall be specifically prohibited:

A.

Abandoned signs;

B.

Animated signs, including electronic message display signs, and variable intensity, blinking, or flashing signs, except time and temperature displays (which are not considered signs);

C.

Balloons and other inflatable devices;

D.

Banners;

E.

Flags, except those allowed by Section 19.32.030.F;

F.

Illegal signs;

G.

Light bulb strings, except for holiday decorations;

H.

Moving signs, except barber poles;

I.

Obscene signs;

J.

Permanent off-site signs except as provided in Section 19.32.070.E.2;

K.

Pennants;

L.

Pole signs and other freestanding signs over six feet in height;

M.

Roof signs;

N.

Because of the City's compelling interest in ensuring traffic safety, signs that simulate in color, size, or design, any traffic control sign or signal, or that make use of words, symbols, or characters in a manner that interferes with, misleads or confuses pedestrian or vehicular traffic;

O.

Signs attached to or suspended from a vehicle parked within a public right-of-way, or in a location on private property that is visible from a public right-of-way, except a sign painted directly upon, magnetically affixed to, or permanently affixed to the body or other integral part of the vehicle; and

P.

Temporary and portable signs, except as allowed by Subsections 19.32.070.E and G.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Sign Area. The measurement of sign area to determine compliance with the sign area limitations of this Division shall occur as follows:

1.

The surface area of a sign shall be calculated by enclosing the extreme limits of all framing, writing, logo, representation, emblem, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figure 3-16.

2.

Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.

3.

The area of a double-faced (back-to-back) sign shall be calculated as a single sign face if the distance between each sign face does not exceed 18 inches and the two faces are parallel with each other.

4.

Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture or statue-like trademarks), the sign area shall be measured as their maximum projection upon a

vertical plane. See Figure 3-17.

5.

For signs that incorporate time and temperature devices, the area of these devices shall not be included in the total area of the sign.

B.

Sign Height (Freestanding). The height of a freestanding sign shall be measured as the vertical distance from the finished grade adjacent to the base of the sign structure to the highest point of the structure, where finished grade does not include fill, planters, or other material artificially placed to allow increased sign height.

C.

Sign Location Requirements.

1.

All signs shall be located on the same site as the subject of the sign, except as otherwise allowed by this Division. A sign may project over an adjacent public right-of-way only when authorized by an encroachment permit as well as a Sign Permit.

2.

No sign shall be located within the public right-of-way, except as otherwise allowed by this Division. Signs permitted within the right-of-way pursuant to this Division shall not be allowed within median islands or on utility poles or in a manner that blocks pedestrian or bicycle access or creates a hazard for any public or private accessway. In any event, no signs shall be allowed in the right-of-way along or adjacent to Scottsdale Marsh.

3.

All signs shall be located to maintain adequate sight distance from intersections, driveways and pedestrian or bicycle accessways and shall meet the sight visibility area requirements of Section 19.20.070D.

4.

The location of all signs shall be evaluated to ensure:

a.

That the setback is appropriate for the height and area of a freestanding or projecting sign;

b.

That flush or projecting signs relate to the architectural design of the building. Signs that cover windows, or that spill over natural boundaries and architectural features shall be discouraged;

c.

That signs do not unreasonably block the sight lines of existing signs on adjacent properties; and

d.

Pedestrian and vehicular safety.

D.

Design Criteria for Signs. The following design criteria shall be used in reviewing the design of individual signs. Substantial conformance with each of the following design criteria shall be required before a Sign Permit or Building Permit can be approved:

1.

Color. Colors on signs and structural members should be harmonious with one another and reflective of the dominant colors of the building or buildings being identified. Contrasting colors may be utilized if the overall effect of the sign is still compatible with the building colors and prevailing colors in the surrounding neighborhood (where a theme can be identified).

2.

Design and Construction.

a.

Design drawings for proposed permanent signs should be prepared by design professionals (e.g., architects, building designers, landscape architects, interior designers, those whose principal business is the design, manufacture, or sale of signs) or others who in the opinion of the Director are capable of producing professional results.

b.

All permanent signs should be constructed by a person or persons whose principal business is building construction or related trade including those whose principal business is the manufacture and installation of signs, or others capable of producing professional results. The intent is to achieve signing of careful construction, neat and readable copy, and durability so as to reduce maintenance costs and to prevent dilapidation.

3.

Materials and Structure.

a.

Sign materials (including those for framing and support) should be representative of the type and scale of materials used on the building or buildings which the sign identifies. Insofar as possible, sign materials should match the materials used on the building and on other signs.

b.

Materials selected for permanent signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.

c.

The size of the structural members (e.g. columns, crossbeams, and braces) should be proportional to the sign panel they are supporting. In general, fewer larger supporting members are preferable to many smaller supports.

d.

The use of individual letters incorporated into the building design is encouraged, rather than signs with background and framing other than the building wall.

e.

The use of reflective materials or surfaces may be approved only where the Review Authority determines that these materials will not distract motorists or create other hazards, and should be minimized in all cases.

E.

Copy Design Guidelines. The City does not regulate the message content (copy) of signs; however, the following are principles of copy design and layout that can enhance the readability and attractiveness of signs. Copy design and layout consistent with these principles is encouraged, but not required.

1.

Sign copy should relate only to the name and/or nature of the business or commercial center.

2.

Permanent signs that advertise continuous sales, special prices, or include phone numbers, etc. should be avoided.

3.

Information should be conveyed briefly or by logo, symbol, or other graphic manner. The intent should be to increase the readability of the sign and thereby enhance the identity of the business.

4.

The area of letters or symbols should not exceed 40 percent of the background area in commercial districts or 60 percent in residential districts.

Freestanding signs should contain the street address of the parcel or the range of addresses for a multi-tenant center.

F.

Illumination of Signs. The artificial illumination of signs, either from an internal or external source, shall be designed to minimize light and glare on surrounding rights-of-way and properties.

1.

External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.

2.

The light from an illuminated sign shall not be of an intensity or brightness that will interfere with the reasonable enjoyment of residential properties. In areas with low ambient nighttime illumination levels (e.g., residential neighborhoods or business districts with little or no illuminated signing) applicants shall be encouraged to use light, illuminated copy against dark or opaque backgrounds.

3.

Signs shall not have blinking, flashing, or fluttering lights or other illuminating devices that have a changing light intensity, brightness or color.

4.

Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

5.

Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.

6.

Reflective-type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so as to expose the face of the bulb or lamp to a public right-of-way or adjacent property.

7.

Light sources shall utilize energy efficient fixtures to the greatest extent possible.

8.

Illuminated panels, visible tubing, and strings of lights outlining all or a portion of a building, other than lighting that is primarily for indirectly illuminating architectural features, signs, or landscaping, shall be deemed "signs" subject to this Division and shall be counted as part of the allowed sign area. Each line of tubing or lights shall be deemed to have a minimum width of at least six inches for the purpose of area calculation.

G.

Maintenance of Signs. Signs and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times. Repairs to signs shall be of equal or better in quality of materials and design as the original sign. Signs which are not properly maintained and are dilapidated shall be deemed to be a public nuisance, and may be abated in compliance with Municipal Code Section 1-6.

When existing signs are removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Unpainted areas shall be painted to match the adjacent portion of the building or sign support structure.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Only the signs and sign area authorized by this Section shall be allowed unless otherwise expressly provided in Section 19.32.030.D (Exempt signs) or Section 19.32.070 (Standards for Specific Types of Signs).

A.

A, OS, C, and Residential Zoning Districts. Signs in the Agriculture (A), Open Space (OS), Conservation (C), and residential zoning districts established by Section 19.04.020 (Zoning Districts Established) shall not exceed the standards in the Table 3-10. Temporary construction, real estate and subdivision identification signs may be permitted in residential zoning districts in conformance with the requirements of Section 19.32.070.E, (Standards for Specific Types of Signs).

Table 3-10

Sign Standards for A, OS, C,

and Residential Zoning Districts

B.

Commercial, Office, and Industrial Zoning District Sign Standards. Signs in the Business and Professional Office (BPO), Neighborhood Commercial (CN), General Commercial (CG), Downtown Core (CD), Commercial/Industrial (CI), Light Industrial/Office (LIO), Mixed Use (MU), and Community Facilities and Parkland (CF) zoning districts established by Section 19.04.020 (Zoning Districts Established) shall comply with the following requirements:

General Sign Area Limitations. Signs in the commercial, office, and industrial zoning districts established by Section 19.04.020 (Zoning Districts Established) shall comply with the requirements in Table 3-11.

2.

Multi-Tenant Sites and Buildings. In addition to the signage allowed by Table 3-11 for each occupant on the basis of frontage, multi-tenant sites and buildings may have a freestanding identification sign with an area equal to 1/4 square foot for each ground floor linear foot of primary building frontage, up to a maximum of 200 sf.

C.

Downtown Novato Specific Plan (D) Overlay District Sign Standards. Instead of the "Maximum Sign Area Requirements" of Table 3-11, the aggregate area of all signs on a site within the Downtown Novato Specific Plan (D) overlay district shall not exceed one square foot of sign area for each linear foot of primary building frontage. For corner parcels, an additional one-half square foot of sign area may be allowed for each linear foot of secondary building frontage. No single sign shall exceed 25 square feet. Signs within the Downtown (D) overlay district shall also comply with the standards for specific types of signs in Section 19.32.070.

Table 3-11

Sign Standards for the BPO, CN, CG, CD, CI, LIO, CF, and MU Zoning Districts

Notes:

(1)

These requirements do not apply within the Downtown Novato Specific Plan (D) overlay. See Section 19.32.060.C instead.

(2)

In calculations, freestanding signs shall be assigned to the frontage closest to the sign; or if equidistant from two frontages, the sign may be assigned to either.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.32.070 - Standards for Specific Types of Signs.

Proposed signs shall comply with the following standards where applicable, in addition to the sign area and height limitations, and other requirements of Section 19.32.060 (Zoning District Sign Standards), and all other applicable provisions of this Division:

A.

Awning Signs. The following standards apply to awning signs in all zoning districts where allowed by Section 19.32.060 (Zoning District Sign Standards):

General Requirements.

a.

Signs on awnings are limited to ground level and second story occupancies only.

b.

Awnings shall not be internally illuminated. Indirect lighting may be allowed. Translucent awning materials are prohibited.

2.

Downtown (D) Overlay District. The following standards apply to awning signs in the Downtown (D) overlay, in addition to the requirements in Subsection A.1.:

a.

A business may use either an awning sign or storefront (wall or projecting) sign, but not both.

b.

Sign letter height shall not exceed eight inches.

c.

The use of logos or symbols depicting the unique nature of a business are encouraged on the sloped face of awnings, provided that their area shall not exceed 10 percent of the total sloped awning face. Logo or symbol area is defined by the smallest continuous line rectangle that can be drawn around the logo or symbol. Sign copy other than logos or symbols is prohibited on the sloped face of awnings.

B.

Freestanding Signs. The following standards apply to freestanding signs in all zoning districts where allowed by Section 19.32.060 (Zoning District Sign Standards):

1.

General Requirements.

a.

Sign height shall not exceed six feet. (See Section 19.32.050.B for measurement.).

b.

A sign may be placed only on a site frontage adjoining a public street.

c.

Multiple signs shall be separated by a minimum of 75 feet to ensure adequate visibility for all signs. The Director may waive this requirement where the locations of existing signs on adjacent properties would make the 75-foot separation impractical.

d.

The signs shall not project over public property, vehicular easements, or rights-of-way. Signs shall not obstruct traffic safety sight areas, as determined by the Director.

e.

To assist emergency response personnel in locating the site, freestanding signs should contain an illuminated street address plate. Numbers should be a minimum of six inches in height. Address plates shall not be calculated as part of the allowed sign area.

2.

Downtown (D) Overlay District. Freestanding signs are not allowed within the Downtown (D) overlay district except in the General Commercial (CG) zoning district.

C.

Murals. Murals may be permitted only within the Downtown (D) overlay district, on public structures, subject to review by the Novato Recreation Cultural & Community Services Commission and approval by the City Council, or in private structures by the Design Review Commission.

1.

Where allowed, murals are in addition to (not counted as part of) the sign area allowed by Section 19.32.060.C (Downtown (D) Overlay District Sign Standards).

2.

Murals that illustrate Novato history and the local setting as sources of inspiration are encouraged.

3.

The approval of a mural shall require that the Review Authority first find that the size, colors, and placement of the mural are visually compatible with the building architecture, and that the mural will serve to enhance the aesthetics of the downtown area.

D.

Projecting Signs. Projecting signs are allowed as follows:

1.

The maximum projection of a sign from a building wall over a public right-of-way shall not exceed 36 inches over a sidewalk, and 24 inches over a traffic way (e.g., an alley).

2.

The maximum height of a projecting sign shall not exceed 14 feet, eave height, parapet height, or sill height of a second floor window, whichever is less. No portion of the sign shall project above the eave line of a sloped roof or the top of the parapet on a flat roof.

A projecting sign shall be installed to maintain a minimum clearance of eight feet from the bottom of the sign to the finished grade below.

4.

Icon signs using shapes or symbols uniquely suited to the business, creative shapes and three-dimensional signs are encouraged.

5.

The sign shall be graphically designed for pedestrians, with a maximum area of nine square feet on each sign face, regardless of the length of the building frontage.

6.

Sign supports shall be well-designed and compatible with the design of the sign.

7.

Interior illuminated boxed display signs ("can" signs) are prohibited.

E.

Temporary Signs. Temporary signs are allowed subject to the following requirements, in addition to meeting the sight visibility requirements of Section 19.20.070D.:

1.

Construction Signs. Construction identification signs may be allowed in all zoning districts with Sign Permit approval, in compliance with the following standards:

a.

Only one sign, located on-site, shall be allowed;

b.

The area of the sign shall not exceed 32 square feet;

c.

Sign height shall not exceed six feet;

d.

The sign shall not be illuminated;

e.

A construction sign shall not be allowed if an on-site subdivision sign is approved.

f.

Construction signs shall be removed within 30 days after completion of construction.

2.

Off-Site Directional Signs. Because of the City's compelling interest in ensuring traffic safety, and the City's interest in improving public convenience, off-site directional signs may be allowed in compliance with the requirements of this Subsection, and subject to the approval of a Sign Permit.

a.

Where Allowed. Directional signs may be approved within the commercial zoning districts, only on sites where:

(1)

The Review Authority determines that a property owner has taken advantage of all permanent signs allowed by this Division, and site visibility remains seriously impaired; and

(2)

The structure to which directions are being provided is on a lot that is located more than 150 feet from a predominant public street frontage, the site is developed with all other signs allowed by this Division, and the business entry and the other exterior signs allowed for the site by this Division are not visible from the predominant public street. The "predominant public street" shall mean the major vehicular route that provides access to the site and surrounding area.

b.

Sign Standards. An approved directional sign shall comply with all the following requirements:

(1)

Number, size, and height limitations. Only one off-site directional sign shall be allowed. The sign shall not exceed an area of 4 square feet, and the height shall not exceed 6 feet.

(2)

Design and construction standards. The appearance of the sign, including any graphics and/or text, will reflect attractive, professional design, and that the sign will be durable and stable when in place.

(3)

Placement requirements. The sign shall be placed only on private property, at the location specified by the Sign Permit.

3.

Real Estate Signs. Real estate signs are allowed without a Sign Permit in compliance with California Civil Code Section 713, and subject to the following requirements:

a.

Commercial, Industrial, and Other Non-Residential Zoning Districts. Properties within commercial, industrial, and other non-residential zoning districts shall be allowed one real estate sign of no more than 6 square feet, with a maximum height for freestanding signs of 6 feet, for each parcel frontage.

b.

Residential Zoning Districts.

(1)

On-site Signs. One residential real estate sign not more than 6 square feet in area, advertising the sale or lease of a parcel or structure, may be located on the property it advertises.

(2)

Off-site Directional Signs. Off-site real estate directional signs not more than 6 square feet in area may be located on private property, provided that they do not obstruct or impede safe pedestrian or vehicular movement and are not secured to prevent removal. No real estate sign shall be permitted within the public right-of-way.

4.

Subdivision Directional Signs, Off-Site. Off-site signs providing directions to a new subdivision may be allowed with Sign Permit approval, and shall comply with the following standards:

a.

A maximum of two off-site signs may be located on private property (not within any public right-of-way).

b.

The total area of each sign shall not exceed 24 square feet;

c.

The height of each sign shall not exceed 6 feet;

d.

The signs shall not be illuminated;

e.

The signs may be displayed only during the two years following date of recordation of the final map, or until all of the units have been sold, whichever occurs first; and

f.

The signs shall not affect pedestrian or vehicular safety.

Subdivision Signs, On-Site. On-site subdivision identification signs may be allowed with Sign Permit approval, in compliance with the following standards:

a.

A maximum of two on-site signs may be located within the project boundaries, provided that no more than one sign per street frontage is allowed, and multiple signs shall be separated by a minimum of 75 feet.

b.

The area of each sign shall not exceed 32 square feet;

c.

Sign height shall not exceed 6 feet;

d.

The signs shall not be illuminated; and

e.

The signs may be displayed only during the two years following the date of recordation of the final map, or until all of the units have been sold, whichever occurs first.

6.

Temporary Signs Within Commercial Zoning Districts. Temporary on-site signs are allowed within commercial zoning districts without a Sign Permit for a maximum of 30 days after the opening of a new business, provided that the area of the temporary signs shall not exceed 50 percent of the total sign area allowed on the site by Section 19.32.060 (Zoning District Sign Standards).

7.

Community Event Signs. Temporary community event signs or banners (see Section 19.60.020 Sign - Civic Event Sign) may be located in the public right-of-way in accordance with the sight visibility area requirements of Section 19.20.070D and the following standards: Community event signs shall not exceed 24 square feet each or be more than six (6) feet in height. Community event signs are allowed for the duration of the event, but not more than 60 days, and shall be removed within 14 days after the event.

F.

Wall Signs. The following standards apply to wall signs in all zoning districts where allowed by Section 19.32.060 (Zoning District Sign Standards):

1.

General Requirements.

a.

Wall signs may be located on any primary or secondary building frontage.

b.

The area of the largest wall sign shall not exceed seven percent of the area of the building facade on which the sign is mounted or painted, including the area of windows, doors, and recesses.

c.

The signs shall not project from the surface upon which they are attached more than required for construction purposes and in no case more than 12 inches.

d.

The signs shall not project above the eave line or the edge of the roof of a building.

e.

The signs shall not be placed so as to interfere with the operation of a door or window.

2.

Downtown (D) Overlay District. Wall signs within the Downtown (D) overlay district shall comply with the following requirements, in addition to those in Subsection F.1 above:

a.

Location of Signs. Any building with exterior wall frontage on a street, alley, or off-street parking area may have a wall sign in each of those locations, subject to the sign area limitations of Section 19.32.060 (Zoning District Sign Standards). Wall signs facing alleys shall be allowed only when a business opens onto the alley.

b.

Maximum Letter Height. Wall sign letters shall not exceed a height of 12 inches.

c.

Maximum Sign Area. All wall signing shall fit within an area that is an architecturally consistent wall surface uninterrupted by doors, windows, or architectural details, and shall not exceed 15 percent of the surface area of the building facade, provided that:

(1)

The height of individual letters, an attached board sign or boxed sign shall not exceed 2/3 the height of the signable area;

(2)

Wall signing facing streets and off-site parking lots shall not exceed 40 percent of the signable area;

(3)

For individual letters, the area of the sign shall be calculated by drawing a box around each word of the display;

(4)

For boxed display graphics or board signs, the area of the sign shall be calculated as the total area of the display including lettering, background, and sign frame; and

(5)

An allowed wall sign facing an alley shall not exceed 10 square feet, which shall be allowed in addition to the maximum sign area allowed by Section 19.32.060.

G.

Window Signs. The following standards apply to window signs in all zoning districts where allowed:

1.

Maximum Sign Area. Permanent and temporary window signs shall not occupy more than 20 percent of the total window area.

2.

Permanent Window Signs.

a.

Signs shall be allowed only on windows located on the ground level and second story of a building frontage.

b.

Signage shall consist of individual letters, logos, or symbols applied to the glass surface; however, neon signs with transparent backgrounds may be hung inside the window glass line.

3.

Temporary Window Signs. Temporary window signs may be allowed provided that the signs:

a.

May be displayed inside a window for a maximum of 10 days.

b.

Shall only be located within the ground-floor windows of the structure.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The Director or other applicable Review Authority may grant exceptions to the allowed area of a sign if it is first determined that:

A.

The position or setback of the building on the site requires additional area for effective signing. The exception may increase the allowed sign area by up to 25 percent; or

B.

The exceptional size of the structures, uses, or site requires additional sign area for effective identification from major approaches to the site. The exception may increase the allowed sign area by up to 25 percent; or

C.

The name of the business or use to be identified is exceptionally long, so that sign readability would be impaired by crowding words into the allowable sign area. The exception may increase the allowed sign area by up to 25 percent; or

D.

Signing proposed is indistinguishable from the architecture itself (supergraphic design) or achieves the level of sculptural art.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A nonconforming sign is any permanent or temporary sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but that does not now comply with the provisions of this Zoning Ordinance.

A.

General Requirements. A nonconforming sign may not be:

1.

Changed to another nonconforming sign;

2.

Structurally altered to extend its useful life;

3.

Expanded;

4.

Reestablished after a business is discontinued for 30 days; or

5.

Reestablished after damage or destruction to 50 percent or more of the value of the sign, or its components, as determined by the Building Official.

B.

Abatement. After the expiration of the time period provided in Subsection D., signs not conforming to the provisions of this Chapter shall be brought into compliance or removed.

C.

Maintenance and Changes. During the time period provided in Subsection D., copy and face changes, nonstructural modifications and nonstructural maintenance (i.e., painting, rust removal) are allowed without a Sign Permit up to a maximum of 25 percent of the existing total area of the sign. Copy and face changes, and any nonstructural modifications exceeding 25 percent of the existing total area of the sign, and any structural changes must conform to all applicable standards of this Division.

D.

Amortization. Any nonconforming sign, regardless of material, that is designed and constructed to have a useful life 15 years or longer, shall be brought into compliance with the provisions applicable to the zoning district within 15 years of the effective date of this Section, except as follows:

1.

Abandonment. Notwithstanding the above, any discontinuance or abandonment of a nonconforming sign for 30 days or more shall result in a loss of legal nonconforming status of the sign.

2.

Annexed Areas. Signs in areas annexed to the City after the date of adoption of this Division that do not conform to the provisions of this Division, shall be regarded as nonconforming signs which may remain for the remaining amortization period provided by this Subsection.

3.

Extensions of Time. The owner of a nonconforming sign may apply under the provisions of this Section to the Director for an extension of time within which to terminate the nonconforming sign.

a.

Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of this Section may be filed by the owner of the sign. The application shall be filed with the Director at least 90 days but no more than 180 days prior to the time established by this Subsection termination of the sign.

b.

Content of Application, Fees. The application shall state the grounds for requesting an extension of time. The filing fee for the application shall be the same as that for a Variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.

c.

Hearing Procedure. The Director shall hear the application, and shall set the matter for hearing within 45 days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront

and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure section 1094.6.

d.

Approval of Extension, Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the Director makes all of the following findings, or other findings required by law:

(1)

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming sign is located; the property or structure cannot be readily converted to another use; and the investment was made prior to the effective date of this Division.

(2)

The applicant will be unable to recoup their investment as of the date established for termination of the use.

(3)

The applicant has made good faith efforts to recoup the investment and to eliminate the sign or bring the sign into conformity with this Division.

E.

Nonconforming Sign Inventory. Within 120 days of the effective date of this Section, the City shall commence the identification and inventory of all signs within the City that are determined to be illegal or abandoned pursuant to the law that is in effect prior to the effective date of this Section. The inventory shall be completed, and amortization, and sign correction or removal, shall then occur in compliance with this Section, and Business and Professions Code Sections 5490 et seq.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Public Nuisance Declared by Director. Any sign erected or maintained contrary to the provisions of this Division or that has exceeded the amortization period of Section 19.32.090D may be declared to be a public nuisance by the Director and proceedings for its removal may take place in compliance with Division 19.60 (Enforcement of Zoning Ordinance Provisions).

B.

Public Nuisance Declared by Council. The Director may ask the Council to declare a sign a public nuisance under the following conditions:

The sign is significantly damaged either in support structure or sign face, as determined by the Building Official.

2.

The sign is illegible either through fading, rusting, or erosion of the sign face or through faulty or missing illumination; or

3.

The sign is unsafe for vehicles or pedestrians.

C.

Removal of Abandoned Sign. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business that it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the Director shall give the owner 30 days written notice to remove it. Upon failure to comply with the notice, the Director may have the sign removed at the owner's expense. Proceedings for the removal of signs and/or support structures shall comply with Division 19.59 (Enforcement of Zoning Ordinance Provisions).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

After denial of an application for a Sign Permit, the applicant may appeal the administrative action in compliance with Division 19.54 (Appeals). The Review Authority shall act to grant or deny the appeal within 60 days of receipt of the request for review/appeal.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Any permit issued or denied in compliance with this Division shall be subject to expedited judicial review in accordance with the time limits set forth in Code of Civil Procedure Sections 1094.8 et seq.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

DIVISION 19.34 - STANDARDS FOR SPECIFIC LAND USES