Chapter 16.509 — SIGNS

The regulations established by this chapter 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 regulations are intended to implement general plan policies to preserve and enhance the community's aesthetic quality by protecting it from excessive and inappropriate signage that creates visual clutter and has an adverse impact on overall visual appearance of a city affecting economic value. The purpose of these regulations is to balance these objectives with the needs of the city's residents, businesses, institutions, and visitors for adequate identification, communication, and advertising by:

A.

Encouraging communications to identify businesses in a fair and equitable manner and promote and maintain economically viable commercial enterprises for the benefit of Vallejo's community;

B.

Applying basic principles of good design and sensitivity to community appearance to signage to avoid the creation of nuisances and privacy violations that will degrade the value of surrounding properties;

C.

Promote signage that aids orientation and safely attracts and directs residents and visitors to various destinations;

D.

Reducing hazards to motorists and pedestrians resulting from excessive, confusing, and distracting signs by ensuring that signs are designed, constructed, installed, and maintained in compliance with minimum standards necessary to provide adequate visibility and avoid the creation of hazards or unreasonable distractions for pedestrians or drivers;

E.

Preventing the unregulated and uncontrolled construction, erection, and maintenance of signage in the city; and,

F.

Ensuring that the constitutionally guaranteed right of free speech is protected.

G.

Signs Regulated. The requirements of this chapter shall apply to all signs in all zoning districts, except on a site for which a specific plan or planned development districts have established separate sign regulations.

H.

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

I.

Permission of Property Owner. No sign shall be placed on public or private property without first obtaining permission from the property owner.

J.

Maintenance—Continuing. Each sign in the city shall be maintained in good structural condition at all times. All painted signs shall be kept neatly painted, including all metal parts and supports. The code enforcement officer shall inspect and have the authority to order the painting, repair, alteration, or removal of signs that become dilapidated or are abandoned, or which constitute a hazard to the public safety.

K.

Sign Permit and Building Permits Required. A building permit is required for any sign that exceeds six feet in height or requires an electrical connection.

L.

Design Guidelines. Any adopted design guidelines are applicable to this chapter.

No sign shall be installed, constructed, or altered unless a sign permit and, where applicable, a sign program approval is first obtained in compliance with this chapter, or the sign is allowed without sign permit approval (see section below). A building permit may also be required. After approval of a sign permit and/or sign program, each sign installed and maintained on the subject site shall comply with the permit and program.

A.

Sign Permit Application. An application for a sign permit shall be prepared, filed and processed, in compliance with Chapter 16.603, Zoning Compliance Review. The application shall include required

application fees, 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 may be required. The plans submitted shall also show the location of each sign on buildings and the site. Off-site signs shall also require an encroachment permit from the public works department.

B.

Sign Permit Review Authority. The director shall review all sign permit applications, except within a historic district, where sign permit review may be by the secretary of the architectural heritage and landmarks commission, B in compliance with Chapter 16.614, Architectural Heritage and Historic Preservation, at the determination of the Director. The review authority may require conditions of approval as are reasonably necessary to achieve the purposes of this chapter.

C.

Sign Programs. A sign program shall be required for any multiple occupancy commercial office building or business park, retail, industrial or medical complex where the individual tenant spaces are not the location or adjacent to the location of the proposed individual tenant signs. A sign program may also be proposed to provide identity and directional signage for a city recognized neighborhood or district.

1.

A sign program shall be approved by the director, or elevated to the appropriate review authority, at the discretion of the director.

2.

The purpose of the sign program shall be to establish signing for all tenants and users of a complex, neighborhood or district as described above. An approved sign program shall prescribe the standards for all signs within the complex, building, neighborhood or district.

3.

A sign program shall comply with all provisions of this chapter and is not intended to provide special or additional signing. The sign program shall prescribe the standards of size, number, location and types of signing permitted.

D.

Findings for Approval. The approval of a sign permit or sign program shall require that the review authority first make all the following findings:

1.

The proposed signs do not exceed the standards of this chapter 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;

The size, location, and design of the signs are visually complementary and compatible with the scale and architectural style of the primary structures on the site, any prominent natural features on 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 criteria in the any adopted city design guidelines.

E.

Approval Period, Expiration, And Time Extension of Sign Permits. A sign permit approval shall expire twelve months from its date of issuance, unless a later expiration date is stated in conditions at the time of approval. Sign permits may be extended as provided for in Section 16.602.12, Expiration and Extension.

The following types of signs and sign changes are permitted without a sign permit, provided that they comply with adopted city design guidelines and any required building permit is obtained.

A.

Commemorative Plaques. Signs commemorating an historical building name register and/or erection date, when cut into or affixed to a permanent surface and not exceeding four square feet per building.

B.

Construction Signs. One sign per construction site announcing a construction project, architect, builder/developer, engineer, etc., and not exceeding thirty-two square feet.

C.

Credit Cards, Trading Stamps, Association Membership. Up to six signs per business identifying credit cards, trading stamps, or association membership not exceeding one square foot per sign.

D.

Directional Signs and Notices on The Site. Signs showing the location of public facilities such as restrooms, and underground utilities.

E.

Garage Sale Signs. Up to one sign located at the residence where the garage sale sign is being conducted and not exceeding four square feet.

F.

Governmental Signs. Signs installed or authorized 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, allowed by or required

by a governmental agency in carrying out its responsibility to protect public health, safety, and general welfare, installed on city owned property.

G.

Interior Signs. Signs located inside a building that are not visible through the building's exterior windows or entrance, walls or doors, or in any mall, court, stadium or enclosed lobby, when such signing is only visible to those in the interior.

H.

Non-Profit Organization Signs. Signs and notices containing the identification of nonprofit service clubs, religious organizations, charitable organizations or associations and containing information relating to their meetings, fund raising, other nonprofit activities and not exceeding twelve square feet and occurring no more than four times within a twelve-month period.

I.

Nonstructural Modifications, and Maintenance. The following maintenance or modifications to signs:

1.

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

2.

Nonstructural modifications of the face or copy of an existing conforming sign installed in compliance with a sign program, provided that the modifications are consistent with the sign program approved in compliance with this chapter;

3.

The normal maintenance of conforming signs.

I.

Official Flags. Up to three flags per site identifying national, state, or local governments, or nationally recognized religious, fraternal, or public service agencies are allowed without a sign permit, provided that the length of the flag shall not exceed one-quarter the height of the flagpole. The maximum allowed height of a flagpole in a residential zoning district shall be fourteen feet; the maximum height of a flagpole in a non-residential zoning district shall be thirty feet. No flag shall be located within the public right-of-way unless placed, allowed or required by a governmental agency.

J.

On-Site Signs Required for City Public Hearing Notification. On-site signs for public hearing notification before a city agency.

K.

Private Directional Signs. Directional or informational signs not exceeding five square feet in area, bearing no advertising message, and located wholly on the site to which the sign pertains are permitted when such signs do not impede vehicular and/or pedestrian visibility in any way.

L.

Real Estate for Sale or Lease Signs. One real estate for sale or lease sign is allowed on any lot or parcel for each side with street exposure with the following provisions:

1.

Each sign is entirely within the property to which it applies;

2.

No sign is illuminated;

3.

No sign on a lot zoned for single-unit residential use shall exceed six square feet in area or six feet in height;

4.

A sign on a lot zoned for multiple-unit, mixed-use, or non-residential use that is twenty thousand square feet or less shall be permitted a maximum of twelve square feet for each permitted freestanding or wall sign;

5.

A sign on a lot zoned for multiple-unit, mixed-use or non-residential use that is larger than twenty thousand square feet shall be allowed up to twenty-four square feet for each permitted freestanding or wall sign;

6.

A freestanding sign on a non-single-unit residential lot shall not exceed nine feet in height;

7.

A wall sign on a lot zoned for multiple-unit, mixed-use or non-residential use shall not exceed twenty feet in height.

M.

Seasonal Decorations—Private Property. Seasonal and/or holiday decorations and displays such as those related to Thanksgiving or the 4th of July, not including advertising signs disguised as seasonal decorations.

N.

Signs Required by Law. Signs displayed by private individuals, when required by law or regulations of any governmental agency.

O.

Street Number, Address, and/or Name. Two signs for each building not exceeding one square foot each in RR or RLD zoning districts and three square feet each in all other zoning districts.

P.

Temporary Signs Within Commercial Zoning Districts. Temporary signs are allowed within commercial zoning districts without a sign permit for a maximum of sixty days after the opening of a new business, provided that the area of the temporary signs shall not exceed fifty percent of the total sign area allowed on the site by Section 16.509.04, General Requirements for All Signs.

Q.

Temporary Signs for City Activities. Signs and notices containing the identification of charitable activities, seasonal programs, special events, and/or city affiliated not-for-profit service clubs containing information relating to their meetings, fund raising, other nonprofit activities or seasonal programs offered.

A.

Sign Area Measurement. The measurement of sign area to determine compliance with the sign area limitations of this chapter 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 16.509-A.

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 eighteen 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 16.509-C.

5.

The area of any time and/or temperature device incorporated into a sign shall not be included in the calculation of total sign area.

B.

Freestanding Sign Height Measurement. The height of a freestanding sign shall be measured as the vertical distance from the lowest point of the base of the sign structure, to the highest point of the structure, where the lowest point of the base of the structure does not include fill, planters, or other material artificially placed to allow increased sign height. See Figure 16.509-D.

C.

Sign Location Requirements.

All signs shall be located on the same site as the subject of the sign, except as otherwise allowed by this chapter. 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 chapter.

3.

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/or cover 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.

Each sign shall comply with the sign type, area, height, and other restrictions provided by this chapter, except as otherwise expressly provided in Section 16.509.03, Signs and Sign Changes Permitted Without Sign Permit or Section 16.509.06, Standards for Special Category Signs.

A.

Residential Signs in Residential Zoning Districts. Each sign in a residential zoning district established by Chapter 16.102, Establishment of Zoning Districts, shall comply with the following requirements.

B.

Sign Standards in Mixed-Use, Commercial, and Industrial Districts. Each sign in non-residential or, as allowed, in residential zoning districts established by Chapter 16.102, Establishment of Zoning Districts, shall comply with the requirements in Table 16.509-B, in addition to the provisions of Section 16.509.06, Standards for Special Category Signs, as applicable.

TABLE 16.509-B: SIGN STANDARDS FOR MIXED-USE, COMMERCIAL & INDUSTRIAL ZONING DISTRICTS

Proposed signs shall comply with the following standards where applicable, in addition to the sign area, height, and other requirements set forth in the city design guidelines and all other applicable provisions of

this chapter.

A.

New-Car Auto Dealerships Identification Signs. The following requirements apply to new-car auto dealership identification signs:

1.

Identification signing. Two attached wall signs, and/or one freestanding sign are permitted for new-car automobile dealers are permitted. The maximum total sign area for identification signs shall not exceed two hundred square feet. Used automobile dealers are subject to the same sign criteria as traditional retailers.

2.

Incidental window signing. Incidental window signing at auto sales agencies may be permitted up to twenty-five percent of window area. Window signing on vehicles for sale is permitted, provided that the signing does not exceed two square feet and is stationary. A sign permit is not required for incidental window signing.

3.

Temporary banners. Temporary banners, special events displays, and similar signage shall comply with Sections 16.509.04 and/or 16.509.07.

4.

Dealership in the district. A dealership located in a zoning district shall comply with the design guidelines of that zone. (See also the zoning district requirements for signing.)

B.

Cannabis Retail Sales.

1.

Sign area. The aggregate sign area for all permanent signs on a building or site housing a retail cannabis business shall meet the following requirements:

a.

Maximum of one square foot of sign area per linear foot of principal building frontage adjacent to a public right-of-way, except that a building with twenty-five feet or less of street frontage shall be allowed a minimum of twenty-five square feet of total sign area. A business with secondary street frontage for a secondary elevation may be permitted an additional one-half square foot of sign area per linear foot of building frontage on the secondary street frontage;

b.

Maximum of one hundred fifty square feet for principal elevation and, in no event, for secondary elevation; and

c.

Maximum of two hundred fifty square feet of total sign area for all signs on any building.

2.

Combination Signs. A maximum of any two of the following sign types shall be permitted:

a.

Freestanding;

b.

Wall sign;

c.

Projecting sign;

d.

Canopy sign.

3.

Freestanding Signs. One monument sign is permitted not to exceed five feet in height and thirty square feet in area. The monument sign shall be landscaped around the entire base with a minimum width of four feet from the sign base or a proportional amount. The base of the sign shall be designed with materials, styles and colors to match the architectural design of the building. The sign area is limited to the face of the sign.

4.

Projecting Signs. One projecting sign may be permitted provided the sign does not project more than four feet from the building, nor two feet into the city right-of-way, nor project over the roof line, provided such sign meets all of the following requirements:

a.

Minimum clearance under the sign shall be ten feet;

b.

Maximum sign area shall be nine square feet;

c.

Minimum distance between any two projecting signs shall be twenty-five feet; and

d.

Sign shall be mounted at a right angle to the building.

5.

Canopy Signs.

a.

On-canopy. One on-canopy sign may be permitted in lieu of a wall sign. The on-canopy sign shall not exceed twenty-five square feet.

b.

Under-canopy. One under-canopy sign may be permitted with a minimum clearance of at least eight feet from the grade or sidewalk to the bottom of the sign. The sign shall not extend beyond the edge of the canopy and shall not exceed six square feet with a maximum width or height of three feet.

C.

Cannabis Cultivation, Distribution, Manufacturing and Testing Laboratory.

1.

Sign Area. The aggregate sign area for all permanent signs on a building or site housing a cannabis cultivation, cannabis distribution, cannabis manufacturing, and/or cannabis testing laboratory business shall meet the following requirements:

a.

Maximum of one square foot per foot of principal building frontage adjacent to a public right-of-way, except that a building with twenty-five feet or less of street frontage shall be allowed a minimum of twenty-five square feet of total sign area; and

b.

Maximum of fifty square feet per building.

2.

Combination Signs. Signage shall be limited to one wall sign and/or monument sign.

3.

Wall Signs. Wall signs shall be mounted on the principal building frontage adjacent to the public right-ofway and shall be pin mounted or individually mounted channel letters.

4.

Freestanding signs. One monument sign may be permitted not to exceed five feet in height and twenty-five square feet in area. The monument sign shall be landscaped around with base with a minimum width of four feet.

D.

Child Day Care Facilities Identification. Each facility is permitted two nameplate or identification signs, not to exceed twelve square feet each.

E.

Historic District Signs. Signs located within a historic district designated by the council shall comply with the historic guidelines pertaining to that district, and all other development criteria associated with modifications to historic structures. The appropriate application for processing signs in historic districts is the sign application. A certificate of appropriateness is not required; however, individual sign permits may be referred to the architectural heritage and historic preservation commission for review and decision at the discretion of the director.

F.

Professional Office Building Directory Signs. Directory signing in addition to the allowable signs permitted in Section 16.509.05, Zoning District Sign Standards, may be approved by the director, provided that the signage does not exceed twenty square feet.

G.

Public Directional Signs. Public directional signs may be permitted for wineries, hospitals, clinics, museums and/or similar uses which are unique tourist or community serving destinations for which the director determines there is an extraordinary need because the public has difficulty locating or there is a public benefit provided by the use.

1.

The signs shall be off-site, located in the public right-of-way, identify only the type of use, and not include advertising or commercial identification.

2.

The signs shall not exceed a maximum of one sign of three square feet in area, two in number, and eight feet in height.

3.

The signs require sign permits and shall be installed and maintained by the city after approvals are obtained.

4.

The appropriate size, location and number of these signs shall be determined by the director in consultation the public works department.

The directional signs may be referred to the design review board at the discretion of the director.

H.

Public Service Signs. Signs that provide a public service, such as civic center, performing arts center, special civic event holiday, and time and temperature, public transit schedules, etc., when not promoting any product advertising message or business identification, may be allowed in addition to the signs permitted under Section 16.509.05, Zoning District Sign Standards.

I.

School Signs (Public or Private). Identification and directory signs may be permitted provided that all signage is located on site and does not exceed a maximum combined area of one hundred square feet.

J.

Service Stations (Permanent Signage). Notwithstanding the signs permitted under Section 16.509.05, Zoning District Sign Standards, the following signs are permitted for service stations:

1.

Three identification signs, one of which may be freestanding, and the others attached to the building or canopy below the eave line, not exceeding one hundred square feet in combined area;

2.

The director may approve additional signs, in excess of the three identification signs, describing hours of operations, self-serve, and related accessories (such as car wash, propane, etc.) provided that all signs do not collectively exceed the one hundred square foot allowance;

3.

Two price signs in compliance with State of California requirements for wording and size, as well as individual brand labels on each pump limited to a maximum dimension of five inches, may be permitted in addition to the one hundred square foot allowance.

K.

Decorations and Events—Public Property. Seasonal decorations and banners, decorations, and identification signs, containing not more than the name, logo, name or logo of sponsor (less than twenty percent of sign area), and date of an event may be displayed on public property at a height of greater than eight feet, if the event has been approved or recognized by resolution of the council or their delegate. The proposed signage and decorations shall be reviewed and approved by the director as to their design and placement on public property.

1.

"Event" as used in this chapter means a major civic activity, which may be city-sponsored, and which involves expressly invited community-wide participation, such as the downtown farmer's market.

2.

Decorations and signs may be placed up to thirty days before an event and shall be removed within five working days after the conclusion of an event.

3.

Temporary signs shall be allowed, during and within the boundaries of the event, which identify activities, features, services, facilities, goods, and food or beverages available at locations included within the event, whether or not on public property.

L.

Shopping Centers, Businesses, or Industrial Parks. A shopping center, business or industrial park may be identified by a common sign, provided that only one sign shall be located on each specific street frontage which provides access to the center, or at an intersection of two streets with access to the center. A shopping center sign should identify the entire center and shall not be named for individual tenants or major users.

M.

Subdivision Signs—Permanent Identification Signs. Permanent identification signage attached to a permanent structure designed for the purpose of subdivision identification and located at the subdivision entry on private property, not exceeding a height of nine feet, nor two signs per entrance may be permitted.

N.

Subdivision Signs—Temporary Identification and Sales Signs. Temporary signage shall only be permitted during the time period of subdivision sales subject to approval of a temporary use permit pursuant to Chapter 16.339, Temporary Uses. Signage shall not remain for more than nine months but the permit may be renewed at the end of nine months subject to approval by the director.

1.

Temporary on-site signs, each not exceeding thirty-two square feet in area and one in number per entrance to a subdivision, during the time of sales of subdivision lots. No sign shall exceed a maximum height of nine feet.

2.

Additional on-site model home signs may be permitted, provided that the signs do not exceed two square feet and a total of six signs. Other signs located on the subdivision site not exceeding two square feet each, or banners not exceeding thirty-two square feet, or similar displays are permitted provided that they are located entirely within the subdivision and are not visible from any street except those within or bordering the subdivision.

3.

Temporary off-site directional signs for a residential subdivision may be permitted subject to approval of a temporary use permit providing they meet the following criteria.

a.

A maximum of two signs, each not exceeding sixteen square feet in area (no dimension of which shall be longer than eight feet) and six feet in height, located entirely on private property with the property owner's permission and outside of the sight distance triangle or the vision clearance needed for safe access to and from any driveways or other roadways in the vicinity. No more than two signs shall be located on any parcel.

b.

It is the desire of the city that directional signs for subdivisions be located jointly in aggregate sign structures. To that end, in addition to the signs that may be permitted under Subsection (3)(a), above, a total of three aggregate subdivision sign structures, each not exceeding twenty-four square feet in total area nor six feet in height may be permitted.

i.

An aggregate sign structure shall contain space for at least four subdivision sign panels. Each sign panel shall be no larger than one foot by four feet. Only one sign panel for a particular subdivision shall be allowed in an aggregate sign structure.

ii.

An aggregate sign structure shall be located entirely on private property, with the property owner's permission, and outside of the sight distance triangle or the vision clearance needed for safe access to and from any driveways or other roadways in the vicinity.

iii.

An aggregate sign structure shall not be located on the same parcel that contains a sign permitted under Subsection (3)(a) or within five hundred feet of a Subsection (3)(a) sign, and only one aggregate sign structure may be located on a single parcel.

4.

Flags displayed in conjunction with subdivision sales may be permitted in addition to temporary signage providing such flags do not exceed five in number, six square feet in area each, and are not displayed above twenty-four feet in height.

O.

Temporary Signs. Signs that are temporary, incidental, and used for the purpose of conveying information concerning goods, services, or facilities available on the premises shall be permitted in addition to permanent signs allowed under this chapter subject to the following requirements:

1.

Temporary signage shall be permitted to be displayed on site for a total of fourteen consecutive days unless otherwise specified.

2.

Temporary signage including pennants, flags and other attention-getting devices may be permitted for no longer than sixty days immediately following the initial opening of a business on a particular site.

3.

Informational signs pertaining to events or activities occurring on the premises such as holidays, special sales and promotions. The signage shall only be permitted on four occasions throughout a calendar year, thirty-two square feet each in total sign area and not more than two in number;

a.

Temporary window signage, limited to a maximum of twenty-five percent of each window surface;

b.

Temporary service station signs, such as merchandise display, promotions, and signs located on gasoline pumps;

c.

Temporary signs pertaining to events or activities conducted by a community, public service, educational, or religious assembly use subject to compliance with the standards for the zoning district in which the use is located.

4.

Window Signs. The following standards apply to window signs in all zoning districts where allowed by Section 16.509.05, Zoning District Sign Standards.

5.

Maximum sign area. Permanent window signs shall not occupy more than twenty percent of the total window area.

6.

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.

7.

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

a.

Are displayed inside a window for a maximum of ten days;

b.

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

The following signs are not permitted within the city:

A.

Abandoned Signs. No person shall maintain or permit to be maintained on any property owned or controlled by him or her, any sign which has been abandoned. Any such sign shall promptly be removed by the owner or persons controlling the premises. Any sign which is located on property which becomes vacant and unoccupied for a period of twelve months or more, or any sign which was erected for any

occupant or business unrelated to the present occupant or their business, or any sign which pertains to a time, event, or purpose which no longer applies, shall be presumed to have been abandoned, except that permanent signs applicable to a business temporarily suspended by reason of a change of ownership or management of such business shall not be considered abandoned unless the property remains vacant for a period of twelve months.

B.

Signs on Public Property. The tacking, posting, painting, marking, writing, gluing, taping or otherwise affixing of signs, including, but not limited to, posters, flyers and handbills, to or on any tree, pole, post, or any other structure, whether publicly or privately owned, which is located on public property or within the public right-of-way, without the prior written authorization of the governmental entity owning or in control thereof, is a public nuisance and is prohibited.

1.

Signs posted in violation of this section are subject to immediate removal.

2.

Violation of this section shall be prosecuted as an infraction.

3.

Any person who owns an interest in or is an officer, partner or member of any business or association or venture, including performing arts groups, whether for profit or not for profit, which is advertised in a sign covered by this section or any person who tacks, posts, erects or otherwise affixes or procures the doing of same of a sign covered by this section shall be strictly liable for such violations.

4.

The posting of each sign shall constitute a separate violation.

C.

Moving, Flashing, Electronic/Digital and Windblown Signs. No moving, rotating, flashing, or changing of color intensity or signs with electronic/digitally created content (i.e., electronic reader board signs), and no windblown signs, such as posters, pennants, streamers, or strings of light bulbs, balloons, or other inflated objects are permitted. The only exceptions to these requirements are time and temperature devices and signs installed by a governmental agency in carrying out its responsibility to protect public health, safety and general welfare.

D.

Freeway Oriented Signs. Signs primarily oriented toward freeways and highways are prohibited unless approved through a sign program. Signs shall be oriented toward local streets and businesses entrances.

E.

Portable Signs. An "A" frame sign or other sign attached to a device used to allow the sign to be rolled or moved around is prohibited. Included in this category are signs larger than three square feet affixed to a vehicle intended for the purpose of business identification, directional to a business, or advertisement of a business.

F.

Roof Signs. No sign shall be installed upon, against or directly above a roof or on top of or above the parapet of a building with the following exceptions:

1.

The director or the planning commission may approve a roof sign subject to review and approval pursuant to the requirements of Chapter 16.605, Development Review, based on a determination that the sign is an architectural element designed in conjunction with the building architecture;

2.

The director may approve a roof sign subject to approval of a certificate of appropriateness pursuant to the requirements of Chapter 16.614, Architectural Heritage and Historic Preservation.

G.

Cabinet Signs. Internally illuminated cabinet signs that have two-dimensional plastic faces with the entire background illuminated are prohibited. Cabinet signs which incorporate three-dimensional textured faces,

routed faced push-through copy and/or opaque (plastic/metal/wood) backgrounds are appropriate.

H.

Pole Mounted Signs. A freestanding sign mounted to a visible structural support structure is prohibited.

I.

Temporary Portable Signs. Temporary portable signs are prohibited except as allowed by Subsection 16.509.06.P, Subdivision Signs—Temporary Identification and Sales Signs.

J.

Sight distance triangle. Placement of any sign within a sight distance triangle is prohibited.

K.

Other Signs. Signs that are obscene, illegal, hazardous to traffic, imitative of official government signs (i.e., Stop, Danger, Caution, etc.) or obstructive to public visibility, so as to create a hazard to the public are prohibited.

L.

Off-Site Signs - Billboards.

1.

Application for Digital/Electronic Signs. The owner of multiple legal conforming and/or legal nonconforming signs located in the city may submit an application to the planning division for a major use permit. In addition to the required findings under Chapter 16.606 Minor and Major Use Permits, a major use permit will require execution of an agreement between the applicant and the city to remove at least four existing legal conforming and/or legal non-conforming off-site sign structures regardless of the number of existing sign faces on the structures, in exchange for approval to construct one new off-site digital/electronic sign structure with a maximum of two sign faces.

2.

The maximum number of digital/electronic signs along Interstate 80 shall be three. No digital or electronic signs shall be allowed along Interstate 780, Highway 29 and the north side of Highway 37.

3.

Application for Non-Digital/Electronic Signs. The owner of multiple legal conforming and/or legal nonconforming off-site signs located in the city may submit an application to the planning division for a major use permit. In addition to the required findings under Chapter 16.606 Minor and Major Use Permits, approval of a major use permit will require execution of an agreement to remove at least four existing legal conforming and/or legal non-conforming off-site sign structures regardless of the number of existing sign faces on the structures, located anywhere in the city, in exchange for approval to construct one new off-site sign structure with two sign faces.

The following considerations shall serve as general guidelines, in order of importance in identifying candidate billboards for removal:

a.

Visible to freeways and highways;

b.

Along major thoroughfares leading into the downtown specific plan area;

c.

Along major thoroughfares leading into commercial districts;

d.

Streets where billboards are heavily concentrated and contribute to existing visual clutter.

5.

Candidate billboards must be legal conforming or legal non-conforming billboards. Illegal billboards shall not be candidates for removal agreements. The director shall have the authority to determine which signs are suitable for removal by choosing from a list of signs provided by the owner.

6.

Major Use Permit Application Materials. Application material shall include the following:

a.

A copy of a site plan showing the location of the existing off-site sign structures proposed for removal and the location of the one proposed new off-site sign structure. The site plan shall identify existing structures including billboard structures within one thousand feet of the proposed sign parcel location and residential uses and/or zoned districts within one thousand feet of the proposed sign parcel location;

b.

A color drawing or photo simulation of the proposed sign structure and sign face;

c.

A photometric study;

d.

An agreement to be recorded between the owner(s) of the property(ies) from which the existing off-site signs are proposed to be removed and the applicant, expressing the concurrence of said property owner(s) to the removal;

e.

The name, address, and contact information for the owner of the off-site signs proposed for removal and the name, address, and contact information for the owner of the new off-site sign;

f.

An inventory of all existing billboards owned by the applicant within the city of Vallejo and an agreement that all existing billboard structures and signage will be brought up to good physical condition prior to building permit issuance (i.e. apparent aging, paint condition, sign peeling, graffiti, etc.); and

g.

An agreement between the owner(s) of the property where the new sign structure is proposed to be located and the applicant, expressing the concurrence of said property owner to the construction of the new sign structure.

7.

New Off-Site Sign Standards. Any new off-site sign and sign structure proposed shall meet all requirements of this chapter. In addition, all new or replaced off-site signs shall:

a.

Not exceed thirty feet in height, nor exceed forty feet in height when located within one hundred feet of the right-of-way of a freeway or state highway;

b.

Have in a conspicuous location the name of the billboard company and i.d. tag;

c.

Have a minimum digital billboard display (DBB) duration which complies with the following formula: Sight distance to the DBB (ft)/Speed limit (ft/sec)= Minimum display duration (MDD) (sec); the Minimum display duration shall have an additional safety factor of 1.5, (1.5) when it is determined by the city traffic engineer that the proposed DBB location presents additional safety hazards due to, but not limited to, line of sight, height and placement of the sign, topography, existing landscaping and structures;

d.

Not have intensity or lighting of a moving or changing sign which changes or appears to change;

e.

Not have color which changes or appears to change more than once every message;

f.

Have lighting that is adjusted after sunset to avoid distracting drivers or residents;

g.

Not have transition from one message or picture to another that dissolves, fades, overlaps and that is not instant;

h.

Have one single continuous panel per face;

i.

Meet Federal Highway Administration and Caltrans regulations and standards including the Outdoor Advertising Act;

j.

Be located on a site a minimum of one hundred feet from any residentially zoned district and a sign face a minimum of one hundred fifty feet from any residence;

k.

Have digital billboard luminance levels between sunset and sunrise and daytime inclement weather, i.e. fog, heavy overcast conditions, etc., shall not exceed one hundred sixty Nits (cd/m2). All such signs shall be equipped with a sensor, dimmer control and photo cell that constantly monitors ambient light conditions and adjusts sign brightness according to established luminance levels. If the sensor cannot detect daylight fog and adjust luminance levels accordingly, the luminance shall automatically be reduced to one hundred sixty Nits or the sign turned off until inclement weather conditions have ceased.

l.

Prior to sign operation, the following luminance test standards shall be conducted by a photometric engineer or lighting expert:

m.

Luminance measurements shall be made directly in front of the sign;

n.

Measurements shall be taken both during the day and evening;

o.

A luminance meter aperture of one degree or less shall be used;

p.

The viewing distance shall be fifty feet to ensure uniformity of the display;

q.

The sign display shall be a blank white screen for the measurement;

r.

Be located on a site a minimum of two hundred fifty feet from existing billboards located on the opposite side of a freeway, two thousand linear feet from existing billboards located on the same side of a freeway, beyond the line of sight of another digital billboard, and shall not be on the opposite side of the freeway from another sign where the sign face is oriented in the same direction within line of sight;

s.

Be prohibited from "Sequencing of Messages" - Using two or more successive screens to convey a message that will not finish on one screen shall be prohibited;

t.

Not have messages being displayed which contain symbols or characters resembling standard traffic control devices, such as, but not limited to, traffic signals, stop signs, etc.;

u.

Not include interactive "personalized" billboards, i.e., those that permit, support, or encourage personalized communication with the driver in real-time.

8.

In the event there is a conflict between the above standards and any standard proposed or required by any federal or state entity, including the Federal Highway Administration, the standards of the federal or state entity shall govern and all existing or approved digital billboards/electronic signs shall be made to conform to these modified standards.

9.

All off-site signs and sign structures designated for removal as part of a relocation shall be completely removed prior to final building inspection of a new sign or sign structure.

A.

General. Except as provided in Subsection (D), any existing sign that was lawfully erected and maintained prior to the original adoption of this Zoning Code, and which is in conflict with the provisions of this chapter, shall be deemed non-conforming, and may be maintained only in compliance with the provisions of this chapter; provided, however, that during the period it is allowed to be maintained, the sign shall not be changed, modified, altered or relocated. Any change, alteration, modification, or relocation shall render the sign unlawful and the sign shall thereupon either be brought into compliance with the requirements of this chapter or be removed. Any non-conforming sign that is abandoned for more than six months shall be removed and comply with this chapter.

B.

Signs Made Non-conforming by Reason of Annexation. Any lawfully erected and lawfully maintained sign which becomes non-conforming by reason of the annexation to the city of the property upon which the sign is located, or by the amendment of this chapter shall be subject to the provisions of this chapter.

C.

Removal of a Non-conforming Sign. A non-conforming sign shall either be made to comply with the provisions of this chapter and the Vallejo Municipal Code or shall be removed within the applicable time period set forth in this chapter. In the event that they are not, the director shall order the sign removed by the property owner and/or by any person known to have control over or ownership of the sign. It shall thereafter be unlawful for the person to maintain the sign or permit the sign to be maintained on the property.

D.

Manner of Removal of Non-conforming Signs. Unless some other mode of removal is approved in writing by the director, the removal of an unlawful, non-conforming sign shall be accomplished as follows.

1.

Painted signs. A sign painted on a building, wall, or fence shall be removed by the removal of the paint constituting the sign or by permanently painting over it in such a way that the sign shall not thereafter be visible.

2.

Other signs. A sign other than a painted sign shall be removed by physically removing the sign, including its dependent structures and supports; or in compliance with an issued sign permit, by modification, alteration or replacement thereof in compliance with the provisions of this chapter and the Vallejo Municipal Code.

E.

Modification of Non-conforming Signs. The structure, advertising display matter, lettering or accessories of a non-conforming sign shall not be altered, modified, changed, reconstructed or moved without bringing the sign in all respects into compliance with this chapter, provided, however, that nothing herein shall prohibit the normal maintenance or repair of any non-conforming sign.

A.

Unlawful Signs. Any sign placed in public view for which no sign permit has been issued, and that is not otherwise exempted from sign permit requirements by this Zoning Code, is unlawful. No person shall install, place, or maintain an unlawful sign and no person shall allow, or permit the installation, placement, or maintenance of an unlawful sign on property owned by the person. The director shall enforce the provisions of this chapter.

B.

Removal of Unlawful, Temporary or Portable Signs.

1.

The director may remove or cause the removal of a temporary or portable sign that is constructed, placed, or maintained on publicly owned property in violation of this chapter or other provisions of the Vallejo Municipal Code.

2.

The director may remove or cause the removal of a temporary or portable sign which is constructed, placed, or maintained on privately owned property in violation of this chapter or other provisions of the Vallejo Municipal Code after obtaining a warrant for removal.

3.

A sign removed by the director in compliance with Subsection (B)(1) or (B)(2) shall be stored for a period of twenty days from the date written notice of such storage is given. If not claimed within that time period, the sign may be destroyed. Prior to the release of any stored sign, the owner shall pay a fee of $50.00, or other amount as the council, by resolution, may authorize, to the city to defray a portion of the expenses of removing, storing, and handling the unlawful sign.

4.

Notice of the storage of a sign to be given in compliance with Subsection (B)(3) may be given by first class mail or personal delivery to the apparent owner of the sign as ascertained from the sign itself or from other information that has been obtained by the director.

a.

The notice shall briefly describe the sign and what is on its face and shall state the sign has been stored by the city and that it will be released to the owner, upon satisfactory proof of ownership and the payment of the fee, during a stated twenty-day period.

b.

The notice shall state where the owner may obtain the release of the sign and contain such other information as the director deems necessary or helpful.

c.

Notice is deemed given on the date the notice, addressed to the apparent owner, with first class postage affixed thereto, is placed in a mail depository of the U.S. Postal Service or personally delivered to the owner or to the owner's office or home. If no apparent owner and/or no address of the apparent owner can be ascertained from the sign or other information obtained by the director, no notice need be given in compliance with this subsection, but the sign shall be stored for at least twenty days from the date it is placed in storage before it may be destroyed.