Chapter 17.58
SIGNS AND ADVERTISING REGULATIONS1
Sections:
17.58.040 Signs allowed without a permit.
17.58.050 General regulations.
17.58.060 Signs requiring a permit.
17.58.070 Design review required.
17.58.080 Building permit required.
17.58.090 Signs related to a discontinued business or use.
17.58.120 Nonconforming signs.
17.58.130 Signs on public property without a permit.
17.58.140 Removal and hearing.
17.58.010 Purpose.
The purpose of this chapter is to: (A) provide standards for the regulation of signs in order to promote and protect the public health, safety and welfare; (B) provide for signage that effectively presents a business name or message for public convenience, while also preserving and enhancing the scenic beauty of Calistoga as an economic asset; and (C) prevent excessive and confusing signs which can result in visual clutter and increase hazards to pedestrians and motorists. The provisions contained herein represent the minimum standards allowed. It shall be unlawful to place, paint or otherwise install on public or private property a sign that requires a permit without first obtaining approval from the City pursuant to the provisions of this chapter. (Ord. 606 § 2, 2004).
17.58.020 Prohibited signs.
The following signs are prohibited within all zoning districts:
A. Inflatable signs, pennants, streamers, and permanent banners.
B. Signs located off the premises they serve, unless otherwise provided in this chapter.
C. Portable signs located in a public right-of-way, not including temporary banners authorized by this chapter.
D. Signs associated with a home occupation.
E. Signs mounted on the roof of a building.
F. Signs which rotate, move, flash, reflect, blink or are otherwise designed in a manner to simulate motion, excluding traditional barber poles which may be allowed in front of barbershops.
G. Signs, brochures or handbills attached to a utility pole, street sign, or street furniture, or attached to natural feature such as a tree or rock, unless otherwise provided in this chapter.
H. Signs on a vehicle parked in front of the business, which are designed and intended to attract customers to the business location.
I. Signs identifying a phone number of a business or occupant, unless otherwise authorized by this chapter.
J. Signs which create traffic hazard such as glare, obstruction of vision, or interfere with an authorized traffic sign. (Ord. 606 § 2, 2004).
17.58.030 Exempt signs.
The following signs are not governed by the provisions of this chapter:
A. Official notices posted by any public officer in performance of a public duty or by any person giving legal notice.
B. Directional, warning, or information signs required by federal, State, County, or City authority or posted by a public utility.
C. Signs not visible from any public right-of-way or adjoining property.
D. Interior signs not designed or intended to attract the attention of persons outside the business, such as wall-mounted menus, product advertising, product pricing, and similar signs.
E. National, State and City flags displayed in a manner consistent with the flag code (U.S.C.A. Title 36, Section 173 et seq.). (Ord. 606 § 2, 2004).
17.58.040 Signs allowed without a permit.
Signs meeting the following standards shall be allowed without requiring a permit. Those signs not in compliance with the standards below are prohibited unless a permit is obtained pursuant to CMC 17.58.060:
A. Window Signs.
1. Text or images on products for sale on the premises which are part of a temporary window display, are not affixed to a window, and do not reference the business name or occupant.
2. Signs containing a business name or logo which are part of a temporary window display, provided these signs contain lettering two inches or less in height, do not exceed an aggregate sign area of two square feet, are not affixed to a window or door, and are limited to one sign per display area.
3. Signs which are part of a temporary window display provided these signs contain lettering two inches or less in height and comprise no more than one-half of the area of the window.
B. Incidental Signs.
1. Incidental signs including, but not limited to, “open,” “closed,” “vacancy/no vacancy” and “hours of operation,” provided the aggregate sign area does not exceed four square feet.
C. Nameplates.
1. A nameplate identifying a business name, phone number or occupant located on or adjacent to a business entrance limited to two inches in height and an aggregate area of one-half square foot.
D. Holiday Signs.
1. Holiday signs which are temporary in nature and are not displayed for more than 90 consecutive days.
E. Signs Unrelated to a Business.
1. Signs identifying a building name provided the sign is six square feet or less in size and does not reference a business name or occupant.
2. A property address numbering sign provided the sign does not exceed six inches in height.
F. Temporary Banners.
1. Temporary banners installed within the public right-of-way as part of a program approved by the City to promote community events sponsored by the City or a local nonprofit organization provided the signs are affixed to light standards located in a commercial district by methods contained in the approved program, do not exceed 24 square feet in size (eight feet by three feet), no more than the bottom two feet of each banner contains a sponsor’s name, and the banners are installed with an encroachment permit.
G. Signs on Property for Lease or Sale.
1. One temporary real estate sign identifying a property for lease or sale may be authorized up to five square feet in size located on a site two acres or smaller or up to 32 square feet on sites over two acres in size. Such sign shall only be displayed while the site is for sale and shall be removed within 30 days from the date of sale.
2. One or more temporary real estate signs identifying an open house are allowed on the date of the activity only and in a manner that does not impede pedestrian or vehicle safety.
H. Signs on Property under Construction.
1. On sites where construction activity is occurring, one sign is allowed for each contractor, architect, subcontractor or similar professional or tradesperson associated with the activity.
2. No sign shall be authorized to exceed six square feet.
3. The aggregate area of all signs on the premises shall be limited to 12 square feet.
4. Signs shall not be located in a manner that creates a traffic hazard, obstructs the vision of motorists, or similarly interferes with an authorized traffic sign.
I. Signs Associated with an Election.
1. Signs identifying a person or issue scheduled for an upcoming election shall not be erected more than 60 days prior to an election day and shall be removed within five days after the election day. Such signs may be placed in any district on private property with the consent of the property owner. No one sign shall be authorized to exceed eight square feet. The number of signs permitted on a parcel shall be limited to one sign per candidate or issue, per each parcel frontage along a public right-of-way.
J. Signs Associated with Garage, Rummage and Yard Sales.
1. Signs identifying garage, rummage and yard sales shall be permitted provided the signs are displayed not more than two days in advance of the activity, are removed not more than one day following the activity, and do not interfere with directional, warning or other signage posted on public property. (Ord. 632 § 1, 2006; Ord. 606 § 2, 2004).
17.58.050 General regulations.
A. Sign Area Computation.
1. Sign area shall be computed by calculating the sign copy, images and the sign background, and sign frame or border if one exists.
2. All sides of a sign containing copy or images shall be included in the calculation of aggregate sign area, except as follows:
a. A double-faced hanging, directory, monument, center identification, under canopy, or similar sign, in which case only one side shall be counted in the aggregate sign area.
b. Signs located on the ends of an awning facing outward shall count as only one sign for the purposes of this chapter.
3. At the discretion of the Planning Commission, an alternative measurement may be applied; provided, that the method of computation does not exclude the area between the words or images on the sign.
B. Required Setbacks.
1. Unless otherwise provided in this chapter, signs may be located within a required front or side setback adjacent to a public street provided they do not pose a risk to pedestrians or motorists.
2. Repealed by Ord. 720.
C. Signs Within a Public Right-of-Way.
1. No sign shall project more than four feet from a building facade over a public right-of-way.
2. Hanging signs shall maintain a minimum distance of eight feet above grade in a public right-of-way, unless otherwise authorized by the Planning Commission or Planning and Building Director.
3. Signs affixed perpendicular to a building shall not exceed the height of the building on which the sign is located or 20 feet, whichever is less. (Ord. 720 § 2, 2015; Ord. 606 § 2, 2004).
17.58.060 Signs requiring a permit.
A. The following signs may be permitted by the Planning and Building Director subject to the provisions of this chapter. The Planning and Building Director may refer an application for a sign to the Planning Commission for review under subsection (B) of this section regardless of its compliance with the provisions of this section:
1. Business Identification Signs.
a. Up to three business identification signs to include any combination from the following categories:
i. One wall-mounted or sign painted on a building;
ii. One front awning sign or sign attached to a sidewalk; roof cover;
iii. One under canopy sign or side awning sign;
iv. One monument sign;
v. One window sign not otherwise exempt by this chapter; provided, that such sign comprises no more than one-quarter of the window area and is stenciled or mounted on the inside of the window;
vi. Two window signs, as provided above in subsection (A)(1)(a)(v) of this section, in combination with any one sign identified in subsections (A)(1)(a)(i) through (iv) of this section.
b. The aggregate area of all permitted business identification signs shall not exceed 32 square feet or one square foot for each linear foot of business frontage on a public street up to 50 square feet, whichever is greater.
2. Menu Boxes.
a. Menu boxes are permitted; provided, that the business offers for sale to the public food and/or beverages for on-site consumption.
b. Each menu box shall not exceed four square feet.
c. One menu box shall be allowed per business. A second menu box may be authorized provided the business has a separate menu for different meals, such as for lunch and dinner.
d. The menu box shall be attached to the building adjacent to the primary business entrance and shall not be affixed to a door or window.
e. The menu box shall contain a menu identical to that being provided to customers of the business, excluding special menus.
f. The menu box may be illuminated; provided, that the source of light is shielded from public view.
3. Special Event Signs.
a. One temporary sign for a business grand opening may be authorized up to 32 square feet in aggregate sign area or one square foot for each linear foot of business frontage on a public street, whichever is less, for a maximum of 30 days.
b. In addition to temporary banners authorized in CMC 17.58.040(F), temporary signs may be authorized for special events approved or sponsored by the City on or off the premises where the agency or organization is located, for up to a maximum of 30 days. The Planning and Building Director may approve more than one sign and more than 32 square feet aggregate sign area for special events sponsored by the City or a nonprofit organization.
4. Exterior Illuminated Signs.
a. Exterior illuminated signs may be reviewed by the Planning and Building Director provided the light fixtures are compatible with the design of the building or structure to which they are affixed, the fixtures are painted to match the background, and the fixtures are directed in a manner that do not interfere with pedestrians, motorists or windows of buildings in the area.
5. Parking Lot Directional Signs.
a. Parking lot directional signs and signs designed for the purpose of directing customers to facilities on a private property, such as an office, pool or laundry room.
6. Signs Allowed Without a Permit.
a. Signs which do not require a permit as identified in CMC 17.58.040, but do not meet the specific standards so that a permit and design review are not required, shall be reviewed by the Planning and Building Director to determine if the signs are compatible with the building or structure on which these signs are proposed and with the buildings within the surrounding neighborhood.
B. The following signs may be permitted by the Planning Commission subject to the provisions of this chapter:
1. One business identification sign in addition to the number of signs allowed in subsection (A)(1)(a) of this section.
2. Up to 25 percent aggregate sign area in addition to the aggregate sign area allowed in subsection (A)(1)(b) of this section.
a. To qualify for an additional business identification sign or additional sign area, unusual circumstances shall be determined by the Planning Commission to exist that include, but are not limited to, a business with more than one entrance on two different public rights-of-way, or a storefront that exceeds the typical length of other storefronts in the applicable zoning district.
3. Center Identification Signs.
a. Signs shall be located on the property served by the signs.
b. Signs shall not exceed an aggregate area of 50 square feet per side.
c. No more than one sign shall be permitted per street frontage.
d. The maximum height of the sign shall be dependent on the design and scale of buildings within the surrounding area, but typically should not exceed 15 feet in the commercial area abutting Lincoln Avenue from Foothill Boulevard to Wappo Avenue and eight feet in all other commercial district locations.
e. Center identification signs shall not be counted against the maximum number of business identification signs or aggregate sign area for business identification signs contained in subsection (B)(1) of this section.
4. Directory Signs.
a. Signs shall be located on the property served by the signs.
b. For the purposes of determining the permitted sign area, directory signs shall be considered business identification signs subject to the provisions contained in subsection (B)(1) of this section.
c. Directory signs may include information relating to the center in which the sign is located (i.e., center identification sign); however, this additional information shall not be counted against the aggregate sign area for any businesses on the site.
d. No more than one directory sign may be authorized on a site.
e. Maximum height of directory signs shall be dependent on the design and scale of development in the surrounding area, but typically should not exceed 15 feet in the commercial area abutting Lincoln Avenue from Foothill Boulevard to Wappo Avenue and eight feet in all other commercial district locations.
5. Public Signs.
a. Sign may be located on or off the premises where the agency or organization is located.
b. Maximum area shall not exceed 15 square feet.
c. No more than one sign shall be authorized if located on the premises. The number of off-premises signs shall be determined through design review.
d. Maximum height shall be dependent on the design and scale of development in the area, but typically should not exceed eight feet as measured from existing grade to the top of the sign.
6. Signs Associated with a Bed and Breakfast.
a. One sign shall be permitted associated with an approved bed and breakfast inn.
b. The sign shall be limited to three square feet or less in size.
c. The sign shall not exceed 10 feet above grade.
d. The sign may be illuminated by an exterior source; provided, that the light does not shine on adjoining property or the public right-of-way.
7. Signs of Historical, Architectural or Cultural Significance.
a. The Planning Commission may designate as a significant structure any sign which relates to a business, use, activity or service, including a discontinued business, use, activity or service; provided, that the conditions below are met. Such designation may exempt all or a portion of the sign from the provisions contained in this chapter including, but not limited to, allowable aggregate sign area and maximum number of signs:
b. The sign contributes to the historical, architectural or cultural character of the community.
c. The sign would not create confusion to the public or to public safety officials in responding to an emergency.
d. The sign would not adversely affect the health, safety or public welfare of the community.
8. Signs Located in a Planned Development District.
a. Signs shall be located on the same parcel as the business served, except in instances where the parcel is accessed by a driveway easement onto a public road, in which case the sign may be located off-site.
b. Maximum aggregate sign area shall be dependent on the design and scale of development in the area, but typically should not exceed 32 square feet or one square foot for each linear foot of business frontage on a public street up to 50 square feet.
c. The maximum number of signs shall not exceed three.
d. Maximum sign height shall be dependent on the design and scale of development in the area, but typically should not exceed eight feet, as measured from existing grade to the top of the sign.
9. Portable Commercial Signs on Private Property.
a. Signs may be located on the property served by the sign.
b. Signs shall be limited to 10 square feet and counted toward the aggregate sign area and number of business signs contained in subsection (A)(1) of this section.
c. Signs shall maintain sufficient pedestrian circulation consistent with the Americans with Disabilities Act and sufficient ingress and egress from a business entrance.
10. Interior Illuminated Signs.
a. Interior illuminated signs shall require a permit subject to subsection (A)(4) of this section.
11. Neon and interior illuminated signs.
12. Sculptures, statues, mosaics and murals. (Ord. 714 § 7, 2015; Ord. 606 § 2, 2004).
17.58.070 Design review required.
All signs subject to a permit under this chapter shall also require design review in accordance with the provisions in Chapter 17.06 CMC, and shall include the following where applicable:
A. For neon signs, their design shall be required to complement the architectural character of the building and adjoining structures relating to design, light intensity, color and other similar design characteristics, and shall not be illuminated when a business is closed, excluding neon incidental signs which are exempt by CMC 17.58.040(B).
B. For interior illuminated signs, their design shall be required to complement the architectural character of the building and adjoining structures relating to design, light intensity, color and other similar design characteristics.
C. For sculptures, statues, mosaics, murals and similar decorative depictions that do not contain a name, logo, image or symbol related to a business, their design shall complement the architectural character of the building and adjoining structures. (Ord. 606 § 2, 2004).
17.58.080 Building permit required.
A building permit shall be required for the following signs:
A. Any sign greater than six feet in height or sign pole greater than six feet in height in which a sign is affixed.
B. Signs permanently attached to a wall or structure.
C. Any sign containing electrical wiring. (Ord. 606 § 2, 2004).
17.58.090 Signs related to a discontinued business or use.
A. A sign located on private property which advertises a discontinued business or use shall be removed by the business owner upon vacating the space or terminating the use, or if the business or use no longer exists on the site, the sign shall be removed by the property owner within 30 days from the termination of the use or use. If the sign is not removed as provided in this section, the Director of Planning and Building shall notify the sign owner of a violation of this chapter by mailing a “notice of violation” subject to the standards contained in CMC 17.58.140.
B. A sign located within the public right-of-way which advertises a discontinued business or use shall be removed by the business owner upon vacating the business or terminating the use. If the sign is not removed, the Director of Planning and Building shall notify the sign owner of a violation of this chapter by mailing a “notice of violation” subject to the standards contained in CMC 17.58.140. (Ord. 606 § 2, 2004).
17.58.100 Hazardous signs.
In the case of any sign which, in violation of the provisions of this chapter, creates an immediate danger to the health or safety of the public, such sign may be summarily removed and stored in a convenient location so as to eliminate the danger to the health, safety or welfare of the public. The Planning and Building Director shall send a notice of removal to the owner of the removal as set forth in CMC 17.58.140. (Ord. 606 § 2, 2004).
17.58.110 Sign maintenance.
All signs shall be maintained in a clean and neat condition free from dents, rust, graffiti, dirt, grease, chipped, faded or peeling paint, broken or inoperable parts, or similar conditions that detract from the aesthetic quality of the community. Upon removal of a sign, the building or structure on which it was located shall be restored to its original condition prior to installation of the sign. (Ord. 606 § 2, 2004).
17.58.120 Nonconforming signs.
Nonconforming signs shall be regulated as set forth in Chapter 17.44 CMC. (Ord. 606 § 2, 2004).
17.58.130 Signs on public property without a permit.
Any sign which is located within the public right-of-way without a valid permit shall be ordered removed by the Planning and Building Director, based on state and local codes, and a notice of removal shall be sent to the owner, as set forth in CMC 17.58.140. (Ord. 606 § 2, 2004).
17.58.140 Removal and hearing.
In addition to any enforcement remedies available to the City as set forth in the Calistoga Municipal Code, any sign placed, installed, or maintained in violation of this chapter may be removed by the City subject to the notice and hearing procedures set forth in this section.
A. Notice of Violation. If at any time the Planning and Building Director determines that a sign is in violation of the requirements of this chapter, a “notice of violation” shall be issued in writing and sent certified mail to the owner of the sign. The notice shall state: (1) the violation or violations which constitute the basis of the notice; (2) the City’s intent to invoke the procedures for abatement provided in CMC 1.12.060 if the sign is located on private property and the violation is not corrected or a hearing has not been requested within 15 days of the date of the notice; (3) the City’s intent to remove the sign from public property; and (4) the procedure for requesting a hearing before the Planning Commission, if desired.
B. Hearing. A timely request for a hearing shall stay the City’s action to invoke the procedures for abatement provided in CMC 1.12.060, or in the case of a sign located on public property shall stay removal of the sign. The request for a hearing shall be in writing, shall state the basis thereof, and shall be filed with the Planning and Building Department. The hearing shall take place before the Planning Commission within 30 calendar days of the request, unless the appellant requests or consents to a continuance. The hearing may include oral and written evidence provided by both the City and business owner. If the Planning Commission finds that the sign is in violation of this chapter and the violation is not corrected within 10 calendar days after the written decision is mailed, or an appeal is not filed subject to Chapter 1.20 CMC, the City may invoke the procedures for abatement for a sign located on private property, or the sign may be summarily removed if located on public property.
C. Removal. Any sign located on public property which is not brought into compliance with this chapter after a hearing and decision pursuant to this section, or for which a “notice of violation” has been issued and the violation has not been corrected and no hearing has been requested pursuant to this section, shall be removed by the Planning and Building Director and stored in a convenient place.
D. Notification of Removal. The Planning and Building Director shall notify the sign owner of the removal by mailing a “notice of removal” to the sign owner. Such notice shall be mailed within five business days after removal of the sign and shall state: (1) the date the sign was removed; (2) the reasons for the removal; and (3) the locations of and procedure for claiming the sign.
E. Release. Any sign removed and stored pursuant to these provisions shall be released to the owner thereof within six months after the mailing of the written “notice of removal” upon satisfactory proof of ownership and payment of an impoundment fee in an amount equal to the reasonable cost to the City of removing and storing the sign. If such sign remains unclaimed after this six-month period, it shall be deemed to be unclaimed property and may be disposed of by the City. (Ord. 606 § 2, 2004).
Prior legislation: Ords. 272, 574, and 580.