Chapter 17.42
SIGNS
Sections:
17.42.040 General regulations regarding signs.
17.42.050 Signs not requiring a sign permit.
17.42.070 General location, height and area standards.
17.42.080 Design, material, construction and maintenance standards.
17.42.090 Street address signs.
17.42.100 Zone regulations – All zones.
17.42.110 Zone regulations – Residential zones.
17.42.120 Zone regulations – Nonresidential zones.
17.42.130 Off-site directional signs.
17.42.150 Temporary construction signs.
17.42.160 Public interest signs.
17.42.170 Open house signs in residential districts.
17.42.180 Temporary noncommercial signs.
17.42.190 Gasoline price signs.
17.42.200 Comprehensive signage program.
17.42.210 Nonconforming signs.
17.42.220 Violations – Removal of illegal signs on public property.
17.42.010 Purpose.
The purpose and intent of these sign regulations include to:
A. Regulate signs located on private property within the city and on property owned by public agencies other than the city and over which the city has zoning and land use regulatory power.
B. Implement the city’s community design and safety standards as may be set forth in the city’s general plan, specific plans and municipal code.
C. Maintain and enhance the city’s small town residential character by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs.
D. Serve the city’s interest in maintaining and enhancing its visual appeal for residents, tourists and other visitors by preventing the degradation of visual quality which can result from excessive and poorly designed, located or maintained signage.
E. Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public.
F. Limit the size and number of signs to levels that reasonably allow for the identification of a residential, public or commercial location and the nature of any such commercial business.
G. Encourage signs that are appropriate to the zoning district in which they are located and consistent with the permitted uses of the subject property.
H. Establish sign sizes in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains.
I. Minimize the possible adverse effects of signs on nearby public and private property, including streets, roads and highways.
J. Protect the investments in property and lifestyle quality made by persons who choose to live, work or do business in the city.
K. Enable the fair, consistent and efficient enforcement of the sign regulations of the city.
L. Reduce hazardous situations, confusion and visual clutter caused by the proliferation, placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic.
M. Regulate signs in a manner so as not to physically interfere with or obstruct the vision of pedestrian or vehicular traffic.
N. Avoid unnecessary and time-consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the city’s building and electrical codes while limiting the size and number of such signs so as to minimize visual clutter.
O. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in community aesthetics and traffic and pedestrian safety.
P. Regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. All administrative interpretations and discretion is to be exercised in light of this policy and consistent with the purposes and intent stated in this section. (Ord. 495 § 1, 2005)
17.42.020 Definitions.
In addition to the definitions set forth in Chapter 17.81 EMC, all of which are applicable for the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:
“Abandoned sign” means a sign, including all structural, support and other components on a structure or premises vacant for a period of 90 days; a sign pertaining to any occupant or business different from the present occupant or business; a sign pertaining to a past event or an illuminated sign not capable of being illuminated due to its state of repair.
“Attraction board” means a sign constructed so that letters or other advertising material can be changed, and which relates to businesses or organizations which depend, on a large part, upon trade and attendance generated by temporary, independent and frequently changing events or showing, such as those engaged in providing live or filmed entertainment or sporting events.
“Billboard” means an on-premises or off-premises freestanding sign that exceeds the size limitations of a freestanding or wall sign.
“Bulletin board” means a sign located on the same premises and used solely in connection with activities of a church, school, hospital, public building or similar use; and allowing changeable messages.
“Business frontage” means that portion of a building which faces a street, parking lot, pedestrian mall, arcade or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-enclosed showroom facing the street. If a building has more than one business frontage with a customer entrance, the property owner must designate one of them as the primary business frontage. Unless otherwise stated, the phrase “business frontage” means “primary business frontage.” All other business frontage is secondary frontage. As used in this section, “parking lot” means either a publicly owned and operated parking lot or a parking lot located on the same zoning plot as the business frontage.
“Canopy sign” means a sign attached to or hung from a canopy but not projecting from the face of the canopy.
“Commercial message” means any sign content with wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.
“Comprehensive sign program” means a general plan for signage, as approved by the city, pertaining to all or any portion of a site and the buildings thereon, which may include, but is not limited to, the area, dimension, color, material, design, size, and illumination of all signs to be erected or installed pursuant to the sign program.
“Construction sign” means a sign located on the premises of a construction site which identifies the names of architects, engineers, contractors and subcontractors and financing agencies.
“Height” means the vertical distance measured from the lowest ground level directly beneath the sign to the highest point at the top of the sign. The ground level shall be either the natural grade or finished grade, whichever is lowest.
“Marquee” means a fixed overhead shelter used as a roof, which may or may not be attached to a building, and which projects into or overhangs a public street or alley right-of-way.
“Noncommercial message” means any sign content or signage which is not determined to be a commercial message, as defined in this chapter.
“Nonconforming sign” means any advertising structure or sign which was lawfully erected and maintained prior to the adoption of these regulations, and is subject to these regulations but does not comply completely.
“Sign” means any device, fixture, placard, structure or element created, adapted, or installed by a person for the primary and apparent purpose of conveying a visible advertising message or which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is located out of doors or in a place where it is visible from out of doors and is to be viewed from any public street, road, highway, right-of-way or parking area, and may include supports, standards and fixtures. A color scheme or special lighting effect on the exterior of a building is a sign where the placement of the colors or lighting effect in relation to the building creates a primary effect of advertising. The following are not to be counted as signs or included in sign area:
1. Merchandise on display is generally not a sign because merchandise is ordinarily possessed for the primary purpose of permitting sales from stock on hand. A merchandise display located at a distance from the point of sale or displayed in an unusual manner as determined by the city planner might constitute a sign.
2. A structural element of a building or the supports, standards, or fixtures of a sign would not be a sign where the element is related to reasonable structural necessity, and the circumstances show that the element is not intended to be identified by viewers with the sale or promotion of goods or services.
3. Any public or legal notice required by a court or public agency.
4. Time and temperature devices.
5. Signs on street legal vehicles, license plates, license plate frames, registration insignia, including noncommercial messages, messages relating to the business or service of which the vehicle is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle.
6. Nighttime, white illumination, within reasonable brightness limitations, of a building or of merchandise is not of itself a sign, where the result is only to make visible without undue emphasis that which can be seen in the daytime.
7. Traffic, directional emergency, warning or informational signs required or authorized by a government agency having jurisdiction.
8. Permanent memorial or historical signs, plaques or markers.
9. Public utility signs.
10. News racks.
“Sign, directional” means a sign not bearing any advertising message and readable from a street right-of-way which is used to direct and control pedestrian or vehicular traffic.
“Sign, directional off-site” means a sign, located on one parcel, advertising and/or directing traffic to a business located on a different parcel within the city.
“Sign, directional on-site” means a sign, the sole purpose of which is to direct the flow of traffic, indicate entrances or exits, transmit parking information or convey similar information.
“Sign, freestanding” means a sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.
“Sign, ground” means a freestanding sign less than seven feet high.
“Sign, identification” means a sign, the sole purpose of which is to identify the site or the building, use or persons occupying the site on which the sign is located.
“Sign, illuminated” means a sign having its own immediate source of internal or external lighting.
1. “Internally illuminated sign” means a sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure or the characters of the sign.
2. “Externally illuminated sign” means a sign with an immediate source of illumination that is not completely enclosed by any portion of the sign.
“Sign, nonconforming” means a sign which does not conform to the provisions of this chapter but which lawfully existed and was maintained prior to the adoption of this chapter.
“Sign, open house” means an off-site portable sign directing prospective purchasers to the location of a single-family dwelling being offered for sale and open for visitation by the public at the time the sign is displayed.
“Sign, permanent” means any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear and tear) and position and is a permanent manner affixed to the ground, wall or building.
“Sign, portable” means any sign which is intended to be moved or capable of being moved, whether or not on wheels or other special supports, including, but not limited to, “A-frame” type signs, placards and banners.
“Sign, real estate” means a temporary sign advertising the sale, lease or rental of the real property, or any portion thereof, upon which the sign is located and the identification of the person handling such sale, lease or rental.
“Sign, special event” means a temporary sign pertaining to events of civic, community, philanthropic, educational or religious organizations.
“Sign, subdivision” means a temporary sign advertising a subdivision and providing travel directions to single-family dwellings therein offered for sale or lease for the first time. The term “subdivision sign” also includes a model home sign on the site of a single-family dwelling within the subdivision.
“Sign, temporary” means any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, wood or other light materials, with or without frames, intended to be displayed for a limited period of time.
“Sign, wall” means a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than 12 inches from such a building or structure.
“Sign, window” means a sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window. (Ord. 495 § 1, 2005)
17.42.030 Prohibited signs.
The following signs are prohibited:
A. Reflective, flashing, revolving or moving signs, except for public service time and temperature signs which shall not be flashing, animated or revolving in nature (except barber poles).
B. Portable signs (including A-frame signs) that are located so as to restrict the path of travel for vehicles, pedestrians and handicapped persons as required by current law.
C. Streamers, banners, balloons, flares, flags, pennants, twirlers and similar attention-getting devices, with the exception of the following:
1. National, state and local governmental flags properly displayed upon flagpoles.
2. Holiday decorations, in season.
3. One corporate flag displayed upon a single flagpole.
4. Grand opening and special event displays which comply with the regulations of this chapter.
5. One decorative flag per residence.
For purposes of this title, items displayed under subsections (C)(1) through (5) of this section are not considered signs.
D. Any sign affixed or attached to any vehicle or trailer, unless the vehicle or trailer is intended to be used in its normal business capacity and not for the primary purpose of advertising a use or event or attracting persons to a place of business.
E. Signs or sign structures which by color, wording or location resemble or conflict with traffic control signs or devices.
F. Signs that create a safety hazard by obstructing the clear view or safe movement of vehicular or pedestrian traffic.
G. Signs that obstruct any door, window, fire escape or other emergency exit of any building.
H. Posters, placards, announcements, advertising and similar signs that are erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in or upon a public highway, public street or public right-of-way, excepting notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations.
I. Billboards.
J. Abandoned signs.
K. Temporary signs except as provided for in this chapter.
L. Home occupations. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)
17.42.040 General regulations regarding signs.
A. Compliance with Section. No sign shall be erected, installed, altered, or maintained in any zoning district in the city, including public and private streets therein, except in conformity with provisions of this chapter, including obtaining a sign permit where required pursuant to this chapter, unless such sign is exempted under the provisions listed in this chapter.
B. Owner’s Consent Required. The consent of the property owner or person in control or possession of the property is required before any sign may be erected on any private property within the city.
C. Noncommercial Signs. Noncommercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this chapter, all noncommercial speech messages are deemed to be “on-site,” regardless of location.
D. Substitution of Noncommercial Message. Subject to the consent of the property owner or person in control or possession of the property, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this chapter. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved or exempt from the approval requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, location and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.) as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this chapter, the provisions of this subsection shall prevail.
E. Substitution of Commercial Messages. The substitution of one commercial message for another commercial message is not automatically allowed nor is the free substitution of a commercial message in a place where only a noncommercial message is allowed. In addition, no off-site commercial messages may be substituted for on-site commercial messages.
F. Legal Nature of Sign Rights and Duties. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is erected or displayed and run with the land or personal property. The city may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or person in control or possession of the property, or the person erecting the sign. (Ord. 495 § 1, 2005)
17.42.050 Signs not requiring a sign permit.
The following signs may be erected in any zone, do not require a sign permit, nor will the area of such signs be included in the maximum area of signs permitted; provided, however, that each such sign shall comply with all applicable requirements of this chapter. The intent of this section is to avoid unnecessary or time consuming review procedures where certain permitted signs are minor or temporary or the erection of such sign does not require review for compliance with the city’s building or electrical codes.
A. One national, state and local governmental flag properly displayed upon a single flagpole pursuant to the requirements of EMC 17.41.040.
B. Holiday decorations, in season.
C. One flag or pennant, not exceeding 24 square feet, not containing a commercial message and hung from a pole attached to a residence.
D. Temporary noncommercial signs under five square feet in size.
E. Open house signs that comply with the requirements of this chapter.
F. Hand-held signs.
G. One real estate sign, not exceeding six square feet in area if located in a residentially zoned district, and not exceeding 12 square feet in area if located in any other zoning district. The sign may be freestanding, but in such event shall not exceed four feet in height.
H. One bulletin board, not exceeding 20 square feet in area and not more than 10 feet in height, on the site of a school or religious institution.
I. Official traffic, fire, and police related signs, temporary traffic control signs used during construction, utility location and identification signs and markers required to protect such facilities, and any signs required by the city or any other public authority to be erected, installed or maintained.
J. Notices required to be posted by law.
K. Signs in the interior of a building, enclosed by a lobby or court, not visible from the outside and signs not visible from off the premises.
L. No trespassing signs, parking restriction signs and no dumping signs not exceeding three square feet in area.
M. Window signs not exceeding 50 percent of the window area of any window. Window signs shall not cover areas where visibility is required from outside the store such as cash handling or storage areas or similar areas where public safety is a factor. Business establishments which are open before 6:00 a.m. or after 10:00 p.m. are not allowed to have any window signs that would restrict visibility of any cash register or cash handling areas from outside the building.
N. Recycling and vending facility signs.
O. On-site directional signs upon a single site.
P. Street address signs. (Ord. 495 § 1, 2005)
17.42.060 Administration.
A. The purpose of a sign permit is to help ensure compliance with the provisions of this title and chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign.
B. General Sign Permit Application Process. Where specifically required by this chapter, the application for a sign permit must be made in writing on the form provided by the planning department and accompanied by the required fee established by city council resolution. The application must contain the following information and items:
1. A drawing to scale showing the design of the sign, including dimensions, sign size, colors, materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates. A photograph clearly showing the proposed location on an existing elevation of a building is recommended.
2. A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises.
3. The number, size, type and location of all existing signs on the same building, site or premises.
4. Proof of the consent of the property owner or other person in control or possession of the property.
5. With respect to any proposed sign that constitutes an “advertising display” as defined by California Business and Professions Code Section 5202, and is intended to be placed or maintained within 660 feet from the edge of the right-of-way of any primary highway and the copy of which shall be visible from such primary highway, the applicant must submit reasonable evidence demonstrating compliance with or exemption from the regulations of the Outdoor Advertising Act (California Business and Professions Code Sections 5200 et seq.).
C. Processing Applications.
1. The city planner shall determine whether the application contains all the information and items required by the provisions of this chapter. If the city planner determines that the application is not complete, the applicant must be notified in person or in writing that the application is not complete and the reasons for such determination, including any additional information necessary to render the application complete. Following the receipt of an amended application or supplemental information, the city planner must again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification is to occur as provided above until such time as the application is found to be complete (the “application date”). All notices required by this chapter are deemed given upon the date any such notice is either deposited in the United States mail or the date upon which personal service of such notice is provided.
2. No sign permit application will be accepted if:
a. The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or included in the application;
b. There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) that has not been cured at the time of the application;
c. The sign permit application is substantially the same as an application previously denied, unless (i) 12 months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application; or
d. The applicant has not obtained any applicable use permit.
D. Sign Review – Standard Signage. After receiving a complete sign permit application, the city planner shall review the application and render a written decision to approve or deny the application within 30 business days of the application date. The city planner’s determination is to be guided solely by the standards and criteria set forth in this chapter. The application shall be approved whenever the proposed sign conforms to all design, size, height and other standards for signs subject to a permit requirement, as such requirements are set forth in this chapter. An application may be granted either in whole or in part when more than one sign or location is proposed by the applicant. When an application is denied in whole or in part, the city planner’s written notice of determination must specify the grounds for such denial.
E. Sign Review – Enhanced Signage.
1. In addition to the standard signage permitted on all properties in accordance with the zoning and use of such property, applicants seeking sign permits for uses such as shopping centers, multi-tenant buildings, and other structures, or properties with additional signage needs including, but not limited to, properties that are irregularly shaped, large, or have poor street visibility, may after payment of sign application fees apply for the approval of signage not otherwise permitted under this chapter or which exceeds the standard regulations for signs set forth elsewhere in this chapter as follows:
a. Increase in wall sign letter height up to an additional eight inches.
b. Increase in number of lines of text in a wall sign to two or more; provided, that the overall square footage does not exceed one and one-half square feet per linear foot of frontage.
c. Increase in ground sign area up to a maximum of 40 square feet per face and 80 square feet total for centers larger than three acres, with more than one 1,100 feet of street frontage.
d. Increase in ground sign height to eight feet in commercial centers containing five or more tenants, or in larger commercial centers where visibility constraints justify monument signage as opposed to pylon signage.
e. Increase in ground sign area, for larger centers or where visibility constraints justify monument signage as opposed to pylon signage.
f. Increase total wall sign area up to 20 square feet for second-floor businesses facing a street or highway.
2. Findings. Following the procedure set forth in subsection D of this section, the planning commission may approve an application that seeks enhanced signage if, on the basis of the application and evidence submitted, the planning commission finds that the conditions applicable to the property involved, including size, shape, topography, structure setback, location, or surroundings do not generally apply to the surrounding properties in the same zone. In addition, the planning commission must find that all proposed enhanced signage:
a. Complies with all applicable design guidelines;
b. Would not interfere with pedestrian or vehicular safety;
c. Would not be located so as to have a negative impact on the visibility or aesthetic appearance of any adjacent property;
d. Would not detract from the pedestrian quality of the street or area;
e. Would not add to or create an over-proliferation of signs on a particular property;
f. Would enhance the overall development, be in harmony with, and relate visually to other signs on site, to the structures or developments they identify, and to surrounding development.
F. Time Limit. Signs authorized by a permit issued pursuant to this chapter must be erected within one year of the issuance of the permit, otherwise such approval shall be null and void.
G. Revocation of a Sign Permit. The deciding body shall revoke any permit approval upon refusal of the permit holder to comply with the provisions of this chapter and of the sign approval after written notice of noncompliance and at least 15 days’ opportunity to correct the deficiency. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)
17.42.070 General location, height and area standards.
A. Location Standards.
1. Except as specifically provided in this chapter, no sign or portion of a sign shall be located upon or project over a public right-of-way.
2. Sign Projection. No sign shall extend above the ridgeline of a building, nor project more than 30 inches from the outside wall of a building, or more than 12 inches over any street or alley. The projection is measured on a line perpendicular to the wall. All projecting signs that project over a walkway or public right-of-way shall have a clearance of nine feet above grade, except signs suspended from a marquee.
3. Signs shall be designed and located so as not to interfere with the unobstructed clear view of the public right-of-way and nearby traffic regulatory signs or any pedestrian, bicyclist or motor vehicle driver.
B. Sign Height. Sign height shall be measured using the greatest vertical measurement from grade level along the base of the sign structure to the highest point of the sign. Sign height shall be measured from the elevation of the top of the curb fronting such sign when within 10 feet of a street property line. When a sign is set back from a property line more than 10 feet, sign height shall be measured from the elevation of the ground level surrounding the base of the sign.
C. Sign Area. The surface area of any sign face shall be computed from the smallest rectangles, circles or triangles which will enclose all words, letters, figures, symbols, designs and pictures, together with all framing, background material, colored or illuminated areas, and attention-attracting devices forming an integral part of the overall display, but excluding all support structures, except that:
1. Superficial ornamentation or symbol-type appendages of a nonmessage-bearing character which do not exceed five percent of the surface area shall be exempted from computation.
2. Where a sign consists of letters or symbols on a wall, the wall is not designed so that one of its main purposes is to support a sign, and the sign’s background is an indistinguishable part of a wall, a six-inch margin shall be established around all of the words of not more than eight straight lines and symbols for the purposes of measurement.
3. Signs placed in such a manner, or bearing a text, as to require dependence upon each other in order to convey meaning shall be considered one sign and the intervening areas between signs included in any computation of surface area.
4. Logos and graphics shall be included as part of the calculation of sign area.
5. Multiple Uses on Same Site. Where more than one use is lawfully being conducted upon the same site, the total signage for each separate use shall not exceed the sign area for such use as prescribed in this chapter. No sign area may be increased by reason of there being no signage or reduced signage for another use upon the same site.
6. Reduction of Sign Area. The regulations concerning sign area, as set forth in this chapter, represent the maximum size that may be permitted but do not confer upon any person the right to erect, install, or maintain a sign or signs having such maximum area. As a condition for the granting of any sign permit hereunder, the approving authority may require that the size of the sign be reduced below the maximum sign area set forth herein, based upon a finding that such reduction is necessary to satisfy the criteria set forth in this chapter. (Ord. 495 § 1, 2005)
17.42.080 Design, material, construction and maintenance standards.
Each permanent approved sign shall comply with the following standards:
A. Materials and Colors. All permanent signs shall be constructed of durable materials that are compatible in appearance to the building supporting or identified by the sign, and in harmony with the structures and other improvements on the property or in the vicinity/neighborhood. Such materials may include, but are not limited to: ceramic tile, sandblasted, hand carved or routed wood, channel lettering, concrete, stucco or stone monuments signs with recessed or raised lettering. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity.
B. Relationship to Buildings. Each permanent sign located upon a site with more than one main building, such as a commercial, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings.
C. Relationship to Other Signs. Where there is more than one sign on a site or building, all permanent signs shall have designs that similarly treat or incorporate the following design elements:
1. Type of construction materials;
2. Sign/letter color and style of copy;
3. Method used for supporting sign (i.e., wall or ground base);
4. Sign cabinet or other configuration of sign area;
5. Illumination;
6. Location.
D. Site Restriction. All signs shall be located on the same site as the use they identify or advertise, except off-site directional signs, temporary subdivision signs, public interest signs, open house signs, and temporary political signs all as described in this chapter.
E. Sign Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-of-way or adjacent properties, and in no event shall illumination be permitted to cause such excessive glare as to constitute a potential hazard to traffic safety. Externally illuminated signs shall be lighted by screened or hidden light sources. No portion of the surface of any illuminated sign or any visible lamp illuminating a sign shall have a brightness exceeding 150-foot lamberts. Illuminated signs with a brightness more than 30-foot lamberts shall not be erected nearer than 50 feet from any point in a residential district or from a property containing a residential use unless the face of the sign is not visible from the residential district or property.
F. Construction. Every sign, and all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations including the city’s building code and electrical code.
G. Size of Letters. Unless otherwise prescribed in this chapter, no sign shall have letters greater in size than 18 inches in any dimension.
H. Backs and Supports. The backs and supports of all signs shall be subdued.
I. Roof Signs. Roof signs must:
1. Be erected only on a roof whose pitch is at least one vertical to four horizontal.
2. Have a face no more than two feet measured vertically.
3. Be located so the face is parallel to the eave in front of the sign.
4. Be set no more than eight inches above the roof.
5. Be designed and erected so that no part of its face is higher than either the peak or an elevation five feet above the eave in front of the sign.
J. Signs Suspended From a Marquee. All signs suspended from a single marquee shall be uniform in size, shape, placement, and background color. Such signs shall have a clearance of at least eight feet above grade.
K. Maintenance. Every sign and all parts, portions and materials shall be maintained in good repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust, cracking, peeling, corrosion or other states of disrepair. The exposed back of any sign must be suitably covered.
L. Restoration of Building or Property. Within 30 days of the removal of a sign from a building wall or from the grounds of the premises if a freestanding or ground sign, the wall of the building or the grounds of the premises shall be repaired and restored to remove any visible damage or blemish left by the removal of the sign. (Ord. 495 § 1, 2005)
17.42.090 Street address signs.
Every parcel of land having a structure situated on it shall have a street address sign located on the structure or, in the case of a parcel having more than one structure, shall have the street address located on the structure closest to the street. Street address signs must be visible from the street frontage of the parcel.
A. For residential uses, letters and/or numbers must be a minimum of four inches high on a low-voltage, backlit background. Total address signage on any one structure cannot exceed three square feet. In the case of new construction, remodel or repair that causes the address sign to be removed, the new address numerals/letters shall be of a high contrasting color to the background of the sign, be backlit, be visible from the street, and located as near the front entrance as practical.
B. For nonresidential uses, letters and/or numbers must be a minimum of eight inches high and affixed to the upper parapet wall of the building or similar location if a parapet location is not feasible. Total address signage on any one structure should not exceed four square feet.
C. All street address signs shall be lit in a manner as approved by the city planner so that the address is visible from the street. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)
17.42.100 Zone regulations – All zones.
This section specifies the signs which may be erected in any zone. Except where this section specifies, nonconforming uses shall have only those signs allowed for the zone and not signs which might otherwise be allowed for similar uses in other zones.
The following signs require approval of a sign permit by the city planner:
A. An identification sign, not exceeding 24 square feet in area, on the site of a public building or grounds, a community facility, an institutional facility or a religious institution. Such signs may be freestanding.
B. A permanent sign, not exceeding 24 square feet in area, identifying a subdivision, located adjoining each entrance to a subdivision.
C. Temporary subdivision and construction signs, subject to the regulations prescribed in this chapter.
D. Temporary noncommercial signs over five square feet in area and subject to the regulations prescribed in this chapter.
E. One identification sign per street frontage, not exceeding 18 square feet in area and six feet in height, on the site of a multifamily dwelling. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)
17.42.110 Zone regulations – Residential zones.
In residential zones, the following signs may be erected without permit:
A. One unlighted “for sale” or “for rent” sign per site and on corner lots one such sign per street frontage, not exceeding six square feet per sign and not exceeding four feet in height.
B. One construction sign not exceeding 20 square feet in area and six feet in height. (Ord. 495 § 1, 2005)
17.42.120 Zone regulations – Nonresidential zones.
A. Signs Allowed by Zone. The rules for nonresidential zones are specified in this section, and by number in the following list, table and footnotes. Rules 1 and 2 of this section govern the calculation of the area of attached signs for each entity. Rules 3 through 9 of this section govern the calculation of the total area of all signs for each zoning plot. The following paragraph applies to all nonresidential zones. The numbered rules apply only where the table so indicates. The maximum sign area for attached signs on any frontage may not exceed the area derived from the calculation for that frontage. Attached signs may be erected on any wall of the building, however, the area of a sign on a wall that is not a business frontage may not exceed 25 percent of the sign area predicated on the primary business frontage. In addition, signs cannot be erected on a nonbusiness frontage wall if the zoning plot is contiguous to a residential zone and if the wall faces that zone.
Rule 1. Allowed sign area is one square foot for each lineal foot of primary business frontage plus one square foot for each lineal foot of secondary business frontage; provided, that the sign area generated by each secondary business frontage cannot exceed 50 percent of the sign area generated by the primary business frontage.
Rule 2. Allowed sign area is one square foot for each lineal foot of primary business frontage plus one-half square foot for each lineal foot of secondary business frontage.
Rule 3. The total area of all signs on a zoning plot shall not exceed one square foot of sign area for each lineal foot of lot frontage.
Rule 4. For vehicle sales the area of freestanding signs is not restricted by any rule limiting total sign area on the zoning plot.
Rule 5. The total area of all signs on a zoning plot is limited to the area derived from the business frontage calculation.
Rule 6. For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on the zoning plot.
Rule 7. For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area on the zoning plot.
Rule 8. The area of any attraction board shall be included in the calculation of the area of signs of the same class and in the calculation of the total area of signs on a zoning plot.
Rule 9. On-site directional signs, each not exceeding three square feet in area and five feet in height. Such signs may be freestanding.
|
C-1 |
C-2 |
CM |
M-1 |
M-2 |
|
|---|---|---|---|---|---|
|
ATTACHED SIGNS |
|||||
|
Wall |
X |
X |
X |
X |
X |
|
Roof |
X |
X |
X |
||
|
Projecting |
X |
X |
X |
||
|
Suspended from marquee (Limited to one per entity) |
X |
X |
X |
||
|
Formulas for area calculations |
Rule 1 |
Rule 2 |
Rule 1 |
Rule 1 |
Rule 1 |
|
TIME AND TEMPERATURE SIGNS (Limited to one per zoning plot) |
|||||
|
Area per face (sq. ft.) |
12 |
12 |
12 |
||
|
Total area (sq. ft.) |
24 |
24 |
24 |
||
|
GROUND SIGNS (Limited to one per zoning plot except as noted) |
|||||
|
Area per face (sq. ft.) |
16 |
20 |
20 |
20 |
20 |
|
Total area (sq. ft.) |
40 |
40 |
40 |
40 |
40 |
|
FREESTANDING SIGNS (Limited to one per zoning plot except as noted) |
|||||
|
Area per face (sq. ft.) |
Shopping Centers Only 50 |
125 |
|||
|
Total area (sq. ft.) |
100 |
250 |
|||
|
Height (ft.) |
20 |
25 |
|||
|
ATTRACTION BOARDS |
X |
X |
X |
||
|
Rules for calculating total sign area of zoning plot |
Rules 5, 6, 7, 8 |
Rules 5, 6, 8, 9 |
Rules 3, 4, 5, 8, 9 |
Rule 3 |
Rule 4 |
Notes:
A. Commercial centers may have a ground sign in addition to a freestanding sign if the commercial center has more than one lot frontage.
B. Zoning plots which exceed one acre and have more than one lot frontage may have an additional freestanding sign.
C. Zoning plots which have a lot frontage exceeding 300 feet may have a ground sign for each 300 feet of frontage or fraction thereof.
D. The area of time and temperature signs is not restricted by any rule limiting total sign area.
E. Ground signs may be used as tenant directories.
B. Signs Allowed in Any Nonresidential Zone. The following signs are allowed in any nonresidential zone and do not need an approved sign permit:
1. An unlighted real estate sign, not exceeding 24 square feet in area. The sign may be freestanding, but in such event shall not exceed seven feet in height, as measured from the top of the curb line, or the pavement surface where no curb exists, of the nearest street adjacent to the sign.
2. Gasoline price signs, subject to the regulations prescribed in EMC 17.42.190.
3. Off-site directional signs, subject to the regulations prescribed above.
4. Special event signs or banners, as follows:
a. Size. The maximum size of a temporary sign or banner is 20 square feet.
b. Location. Temporary signs or banners shall be affixed to a principal building and shall not project above the roofline of the building.
c. Duration. Temporary signs or banners may be displayed for a maximum of 45 days within a six-month period and are removed within two days after each such event.
5. Temporary grand opening signs or banners, not exceeding 20 square feet in area, may be permitted to announce the commencement of a new business establishment. Such signs shall not be displayed more than 30 days. (Ord. 495 § 1, 2005)
17.42.130 Off-site directional signs.
A sign permit is required for all off-site directional signs, including subdivision signs. Such signs may not exceed 72 square feet in area or eight feet in height. Off-site directional signs shall be architecturally designed to complement their surroundings and reduce any potential negative visual impact that may result from erection of the signs to the greatest extent feasible. (Ord. 495 § 1, 2005)
17.42.140 Subdivision signs.
Freestanding subdivision signs shall be permitted, provided they conform to the following regulations:
A. On-Tract Signs. One sign, not exceeding 24 square feet in area, advertising a subdivision may be erected or displayed adjoining each street on which the subdivision abuts and adjoining each entrance to the subdivision.
B. Model Home Signs. One sign, not exceeding six square feet in area, advertising a model home, may be erected or displayed on the site of each model home in a subdivision.
C. Off-Tract Model Home Directional Signs. Not more than two directional signs, each facing a different direction and each not exceeding six square feet in size, may be erected or displayed adjoining the intersections of streets leading to a subdivision.
D. Issuance, Duration, and Renewal of Sign Permit. A sign permit for subdivision signs may be issued by the city planner at any time after recordation of the final subdivision map, and shall expire 30 days after the sale of the last lot or structure is completed. (Ord. 495 § 1, 2005)
17.42.150 Temporary construction signs.
A temporary construction sign may be permitted in any district so long as it conforms to the following regulations:
A. The sign shall be located on the same site as the construction project. A freestanding sign may be permitted.
B. No more than one sign having an area not exceeding 15 square feet may be erected or displayed on the site. Where the development consists of a residential subdivision where a temporary construction sign is permitted, then one construction sign shall be permitted.
C. The sign permit may be issued at any time on or after issuance of the building permit for the building or structure in question, or in the case of a subdivision, approval of the final subdivision map. The sign permit shall expire 30 days after completion of construction and the sign shall be removed.
D. The sign may be constructed of wood or other more lasting material. (Ord. 495 § 1, 2005)
17.42.160 Public interest signs.
A. Both on-site and off-site directional and identification signs shall be permitted in any zoning district to advertise, identify or direct persons to public and quasi-public areas, centers and institutions, and such other areas, whether natural or artificial, which, in the opinion of the planning commission, are points of general public interest.
B. This section shall apply to multiple signs on a single structure advertising service clubs and the chamber of commerce, but the same shall be limited to one such sign structure adjacent to an arterial street at each entrance to the city, and the total area of the sign structure shall not exceed 50 square feet. (Ord. 495 § 1, 2005)
17.42.170 Open house signs in residential districts.
A. Unlighted open house signs are permitted in any zoning district, subject to the following restrictions:
1. There shall be no more than one open house sign oriented in the same direction at any intersection.
2. The open house sign shall not exceed four square feet of area and four feet in height, and shall be fixed to a single pole of wood or metal material, or shall be an “A” frame, freestanding sign.
3. No open house signs shall be located in medians.
4. No open house sign shall be placed upon any public property; provided, however, where the public right-of-way extends into a parkway strip or the planted area adjacent to the curb, between the street or curb and adjacent private property, an open house sign may be placed within such parkway strip upon obtaining permission from the owner of the adjacent private property. To the extent authorized by this subsection, open house signs are an exception to the prohibition set forth in EMC 17.42.030.
5. No open house sign shall include balloons, ribbons, streamers, or other accessories.
6. No open house sign shall be placed upon any private property without first obtaining permission from the owner of such property.
7. Information shall be printed upon or affixed to every open house sign indicating the name, real estate company affiliation, address, and telephone number of the sign owner.
8. The open house sign shall be removed each day after the closing of the open house for that day, and no later than 6:00 p.m., November 1st through March 31st; and 8:00 p.m., April 1st through October 31st. Open house signs shall not be placed earlier than 6:00 a.m.
B. If any open house sign is found to violate any of the restrictions contained in this section, such sign may be summarily removed by the public works director or his representative, or any city employee authorized by the city manager to remove such sign. The sign owner shall be responsible for payment of a fine in the amount of $50.00 for each sign so removed. A written notice of the removal shall be given to the sign owner stating that the sign may be reclaimed within 10 days and will be returned to the owner upon payment of the fine specified herein, except that no such notice shall be required if the owner is not identified on the sign. In the event the sign is not reclaimed within the time allowed to do so, the sign may be destroyed or otherwise disposed of by the public works director. Unclaimed signs may be sold to real estate companies, their employees, independents, or affiliates, at a price determined by the city planner. (Ord. 495 § 1, 2005)
17.42.180 Temporary noncommercial signs.
A. Sign Restrictions. A temporary noncommercial sign may be erected only in accordance with the following restrictions:
1. No temporary noncommercial sign may be illuminated in any manner other than by previously existing lighting sources normally used for illumination of the area where the sign is erected.
2. No temporary noncommercial sign may be affixed to any pole or wire appurtenance thereof on which is attached any traffic sign, traffic signal, street sign, parking sign or other traffic control device installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner of place that will obstruct normal visibility of such traffic signs, traffic signals, street signs, parking signs or other traffic control devices.
3. No temporary noncommercial sign may be erected upon or affixed to any sidewalk, crosswalk, police or fire alarm system, hydrant, or any public building or other public structure.
4. No temporary noncommercial sign may be erected within or upon the right-of-way of any public highway or public street.
5. No temporary noncommercial sign may exceed an area of five square feet.
6. No temporary noncommercial sign may be erected having bracing or backing material thicker than one-half inch, except for support for posts firmly planted in the ground.
B. Removal. A temporary noncommercial sign shall be completely removed not later than five days after the date of the election to which it relates. (Ord. 495 § 1, 2005)
17.42.190 Gasoline price signs.
Gasoline and other fuel price signs shall be limited in number, size and location to the minimums as required under Sections 13531(a) and 13532 of the State Business and Professions Code. (Ord. 495 § 1, 2005)
17.42.200 Comprehensive signage program.
A. A comprehensive signage program shall be prepared and submitted in conjunction with each use permit or site plan application for a shopping center, business park, or other similar collection of related structures on a single site. The program submitted shall address all signs to be used. The comprehensive signage program shall conform to all provisions of this section. For all signs, the size, placements, materials, colors, illumination, and other design characteristics not specified in this section shall be determined at time of approval of the comprehensive signage program by the city planner. The comprehensive signage program shall contain the following:
1. A site plan and building elevations identifying the location of all signs.
2. Design drawings for each sign or type of sign, specifying the dimensions, materials, type of construction, illumination, size of sign copy, and details necessary to determine the appropriateness of the signage.
B. Once a comprehensive signage program is approved, all signs in that center, complex, or project shall conform to the program.
C. Specific dimensional limitations specified in this chapter may be waived upon determination by the city planner that the submitted sign(s) meet the purpose of this chapter and result in both a functionally and aesthetically superior design. (Ord. 495 § 1, 2005)
17.42.210 Nonconforming signs.
A. Modifications. The following modifications to nonconforming signs are allowed:
1. Changes in sign copy.
2. Modifications that reduce the extent to which the sign does not comply with this chapter.
B. Record of Nonconforming Signs. The city planner shall prepare a list of all signs in the city which are nonconforming signs.
C. Mailing of Notices. The city planner shall mail a notice by certified return receipt mail to the occupant business, if known, and to the owner (as shown on the last equalized assessment roll) of the land where each nonconforming sign is located. The notice shall contain:
1. A description of the land where the sign is located and a description of the sign, both in terms reasonably sufficient for the owner to identify the sign.
2. A statement that the sign is a nonconforming sign.
3. The applicable date for removal of the sign.
Information concerning more than one sign, and information concerning separate amortization dates for different characteristics of one or more single signs, separately stated, may be included in a single notice. If the city planner subsequently learns that for any reason notice has not been given in a timely manner, or that notice given is defective in any way, the city planner shall promptly mail a notice in the manner described above to the occupant and owner, even if the regular time for notification has expired. Notice mailed after the time required by this subsection meets the requirements of and is effective to start the time period provided in this chapter.
D. Effect of Mailing of Notices. Notice mailed as provided in this chapter to the property owners and tenants is deemed to be notice to the owners of nonconforming signs and to all persons having any right, title, or interest therein. The mailing of notices is intended as a convenience to sign owners. However, failure to give notice shall not invalidate any proceeding to enforce this chapter to abate any sign or to punish any sign violation.
E. Duration of Nonconforming Signs. A sign that becomes nonconforming shall be a nonconforming sign for five years and then must be removed. Billboards that become nonconforming shall be nonconforming for 15 years and then must be removed.
F. Notification and Other Procedures Concerning Subsequent Nonconforming Signs. Within six months of the date when a sign becomes a nonconforming sign, the city planner shall add the sign to the list of nonconforming signs and mail notices in the manner specified in subsection D of this section and such notices shall have the same effect as the notices provided for other nonconforming signs.
G. Removal of Unlawful Signs. Any sign erected or maintained contrary to the provisions of this chapter or any other ordinance of the city, including unlawfully erected signs and formerly nonconforming signs whose nonconforming status has terminated, is in its entirety an unlawful sign and shall be removed.
H. Abandoned Signs. The owner must have all copy removed from an abandoned sign and the sign shall remain blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of one year, the owner shall remove the sign and any appurtenant structures.
I. Maintenance. All signs shall be maintained and kept in repair and shall be painted and repainted at reasonable intervals. If the owner fails to comply, after 10 days’ written notice by the city planner, or duly appointed deputy, to so maintain such signs, the city planner shall have the sign removed at the owner’s expense.
J. As an incentive for an applicant or property owner to remove a nonconforming sign, the city planner may waive the sign application fee for a replacement sign.
K. The abatement of unlawful or abandoned sign violations shall be in accordance with the city abatement ordinance in the Escalon Municipal Code. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)
17.42.220 Violations – Removal of illegal signs on public property.
A. Each sign found to be in violation of any provision of this chapter shall constitute a separate violation of this code.
B. The city planner or his/her representative may remove any sign located upon or affixed to any public property in violation of the provisions of this chapter.
C. The city planner shall promptly thereafter give notice of the removal to the sign owner, if such owner can be ascertained or found, stating the location of the sign and the procedure for retrieval thereof by the sign owner.
D. Any unlawful sign removed by the city planner pursuant to this chapter shall be retained by him/her for a period of at least 10 days, during which the sign owner may retrieve the sign upon payment of all removal costs or an administrative fine in the amount of $50.00, whichever is greater. Any person desiring to contest such payment may request a hearing before the city manager, who is authorized to waive the payment if he/she determines that the sign did not violate any provisions of this chapter. The decision of the city manager shall be final.
E. Any sign not retrieved within the 10-day period specified in this chapter shall conclusively be deemed to have been abandoned by the owner thereof and may be destroyed or otherwise disposed of by the city planner. The city shall have the right to recover from the owner of such sign all removal and disposal costs.
F. The enforcement of sign regulations pursuant to this chapter shall be in addition to any other rights and remedies available to the city under the Escalon Municipal Code by reason of the same violation. (Ord. 495 § 1, 2005)