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HomeMy WebLinkAbout756 Sign Regulations•i ~ .i •)-. •) ORDINANCE NO. 756 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH REPEALING EXISTING CHAPTER 7 OF DIVISION 3 OF THE UKIAH CITY CODE AND ADOPTING NEW CHAPTER 7, DIVISION 3 (SIGN REGULATIONS) The City Council of the City of Ukiah does Ordain as follows: Section 1. Existing Chapter 7, Division 3 of the Ukiah City Code is hereby repealed. Section 2. Chapter 7, Division 3 of the Ukiah City Code is added to read as follows: CHAPTER 7 - SIGNS The purpose of this Chapter is to provide standards for the regulations of the height, size, location and appearance of signs, in order to safeguard and en- hance property values; to protect public and private investment in buildings and open spaces; to preserve and improve the appearance of the City as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade; to encourage sound signing practices as an aid to business and for the information of the public; to prevent excessive and confusing sign displays; to reduce hazards to motorists and pedestrians; and to promote the public health, safety and general welfare of the City. ARTICLE 1 - DEFINITIONS Section 3200 - Definitions Generally For the purposes of this chapter, unless otherwise apparent from the con- text, certain words and phrases used in this chapter are defined in this article. Section 3200.01 - Abandoned Sign "Abandoned sign" shall mean a sign which no longer directs, advertises or identifies a legal business establishment, product or activity on the premises where such sign is displayed. Section 3200.02 - Advertising Message "Advertising message" shall mean that copy on a sign describing products or services being offered. Section 3200.03 - Animated Sign "Animated sign" shall mean any sign which is designed and constructed to give a message through a sequence of progressive changes of parts or lights or degree of lighting. Section 3200.04 - Architectural Projection "Architectural projection" shall mean a marquee, porch, canopy or other similar projection. Section 3200.05 - Area of a Sign "Area of a sign" shall mean the entire area within a single continuous perimeter composed of squares or rectangles which encloses the extreme limits of the advertising message, announcement declaration, demonstration, display, :i~~~: illustration, insignia, surface or space, together with any frame or other materials, color or condition which forms an integral part of the display and is used to differentiate such sign from the wall or background against which it is placed; excluding the necessary supports or up-rights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that only one face of a double faced sign shall be considered in determining the sign area, provided both faces are parallel and the distance between faces does not exceed two feet. Where a sign consists only of individual letters, numerals, symbols, or other similar components and is painted on or attached flat against the wall of a building and where such individual components are not within a circum- scribed frame area, the total area of the sign shall be the sum of the areas of the square or rectangles surrounding each individual sign component. Section 3200.06 - Area Identification Sign "Area identification sign" shall mean a permanent sign used to identify a a neighborhood, subdivision, shopping district, industrial district, agricul- tural district or any special community area. Section 3200.07 - Attached Sign "Attached sign" shall mean an attached sign is any sign which is fastened, attached, connected or supported in whole or in part by a building or structure other than a sign structure which is supported wholly by the ground. (see graphic illustration section) Section 3200.08 - Awning ___ "Awning" shall mean a temporary shelter supported entirely from the ex- terior wall of a building and composed of non-rigid materials except for the supporting framework. Section 3200.09 - Detached Sign "Detached sign" shall mean any sign not supported in whole or in part by a building or structure other than by a sign structure which is supported wholly by the ground. (See graphic illustration section) Section 3200.10 - Background area "Background area" shall mean the entire area of a sign on which copy could be placed, as opposed to the copy area. Section 3200.11 - Banner Sign "Banner sign" shall mean a temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere. Section 3200.12 - Building Face "Building face" shall mean window and wall area of a building in one plane or elevation. Section 3200.13 - Building Frontage "Building frontage" shall mean the linear length of a building facing the public right-of-way. Section 3200.14 - Building Inspector "Building Inspector" shall mean the chief building official or his duly authorized representative. „ _ .,-?.~ Section 3200.15 -Business Frontage "Business frontage" shall mean that primary frontage within a parcel of land which the user considers his place of business. Section 3200.16 - Canopy or Marquee "Canopy or Marquee" shall mean a permanent roof like shelter extending from part or all of a building face over a public right-of-way and constructed of some durable material such as metal, glass, plastic or wood. Section 3200.17 - Changeable Copy Sign "Changeable copy sign" shall mean a sign on which copy is changed manually or electrically but not limited to time, temperature and date. Section 3200.18 - Construction Sign "Construction sign" shall mean a temporary sign identifying the persons, firms or business directly connected with a construction project. Section 3200.19 - Development Project Sign "Development project sign" shall mean a temporary sign identifying a pro- posed development project, or one under construction. Section 3200.20 - Directional Sign "Directional sign" shall mean any sign which serves soley to designate the location or direction of any place of business or area. Section 3200.21 - Directly illuminated Sign "Directly illuminated sign" shall mean any sign designed to provide arti- ficial light directly or through transparent or translucent material from a source of light within or on such sign, including but not limited to neon and incandescent lamp signs. Section 3200.22 - Exempt Sign "Exempt sign" shall mean a sign exempt from normal permit requirements. Section 3200.23 - Facelift "Facelift" shall mean the remodeling of a building's frontage which is visible from a public right-of-way, so that the building material, door frames, window frames and signs are designed in harmony with each other. Section 3200.24 - Face of Sign "Face of sign" shall mean the entire face of a sign on which copy could be placed. Section 3200.25 - Flashing Sign "Flashing sign" shall mean an illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a nonconstant illumination. Section 3200.26 - Free Standing Sign "Free standing sign" shall also be referred to as "ground sign", "detached sign", "pole sign", and "monument sign". A sign erected to a free standing frame or support, mast or pole and not attached to anything. Section 3200.27 - Front Footage of Building Occupancy "Front footage of building occupancy" shall mean a single lineal dimension measured horizontally along the front of a building which defines the limits of a particular occupancy at that location. (See graphic illustration section) Section 3200.28 - Height of Sign "Height of sign"'shall mean the vertical distance measured from the adjacent street grade or upper surface of the nearest curb of a street other f ~ 1~'[~i than an elevated roadway, whichever permits the greatest height, to the highest point of said sign. (See graphic illustration section) Section 3200.29 - Incidental Sign "Incidental sign" shall mean a small sign pertaining to goods, products, services or facilities which are available on the premises where the sign occurs and intended primarily for the convenience of the public. Section 3200.30 - Identification Sign "Identification sign" shall mean a sign which serves to tell only the name, address and lawful use of the premises upon which it is located. A bulletin board of a public, charitable or religious institution used to display announcements relative to meetings to be held on the premises. Section 3200.31 - Indirectly Illuminated Sign "Indirectly illuminated sign"shall mean a sign whose illumination is derived entirely from an external artificial source which is arranged so that no direct rays of light are projected from such artificial source into residences or streets. Section 3200.32 - Individual Letter Sign "Individual letter sign" shall mean any sign made of self-contained letters that are mounted on the building. Section 3200.33 - Modular Sign "Modular sign" shall mean a sign with more than two faces identifying the same product or use. Section 3200.34 - Moving Sign "Moving sign" shall mean any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement of any description, or other apparent visible movement achieved by electrical, electronic, or kinetic means, including intermitent pulsations. Section 3200.35 - Nameplate "Nameplate" means a sign which designates the name and address of a person or persons occupying the premises upon which it is located. Section 3200.36 - Non-Conforming Sign "Non-Conforming sign" shall mean a legally existing sign at the time of the effective date of an ordinance which does not conform to the provisions of said code. Section 3200.37 - Occupant "Occupant" shall mean one who occupies a group of buildings, a building, or each substantially separate physical division of a building devoted to a single enterprise and does not refer to individual tenants that may share said division of a building. Section 3200.38 - Off-Site Sign "Off-Site sign" also known as off-premise and billboard. Shall mean any sign not located on the premises of the business or entity indicated or advertising by said sign. This definition shall include poster panels, painted bulletins and other similar advertising displays. Section 3200.39 - On-Site Sign "On-Site sign" also known as on-premise and business sign. Any sign directing attention to a business, commodity, service, or entertainment con- r .A •~-t~i ducted, sold or offered upon the same premises as those upon which the sign is maintained. Section 3200.40 - Parcel of Property "Parcel of property" shall mean a parcel of land shown on a subdivision map, record of survey map, parcel map, or a parcel described by meters and bounds which constitutes one development site whether composed of a single unit of land or contiguous units under common ownership. Section 3200.41 - Parapet or Parapet Wall "Parapet or parapet wall" shall mean that portion of a building wall that rises above the roof level. Section 3200.42 - Planning Director "Planning Director" shall mean the Planning Director of the City of Ukiah or his designated representative. Section 3200.43 - Political Sign "Political sign" shall mean a sign designed for the purpose of soliciting support of, or opposition to, a candidate or proposition at a public election. Section 3200.44 - Portable Sign "Portable sign" shall mean any sign not permanently affixed to the ground or a structure on the premises it is intended to occupy. (See graphic illustration section) Section 3200.45 - Premise or Premises "Premise or premises shall mean a parcel of property. Section 3200.46 - Projecting Sign "Projecting sign" shall mean a sign which is attached to and projects from the structure or building face. Section 3200.47 - Public Service Information Sign "Public service information sign" shall mean any sign intended primarily to promote items of general interest to the community, such as time, tempera- ture, date, atmospheric conditions, news or traffic control, etc. Section 3200.48 - Real Estate or Property Sign "Real estate or property sign" shall mean any sign pertaining to the sale, lease, or rental of land or buildings. Usually a temporary sign. Section 3200.49 - Roof Line "Roof Line" shall mean the top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette. Section 3200.50 - Roof Sign "Roof sign" shall mean any sign erected upon, against or directly above a roof or top of or above the parapet of a building. (See graphic illustration section) Section 3200.51 - Rotating Sign "Rotating sign" shall mean any sign or portion thereof which physically revolves about an axis. Section 3200.52 - Shopping Center "Shopping Center shall mean a unified commercial development on a minimum site of 2-acres occupied by a group of 5 or more separate businesses occupying ~~-, substantially separate divisions of a building or buildings fronting on a privately owned common mall or parking lot, rather than on a public street. Section 3200.53 - Sign "Sign" shall mean a visual communications device used to convey a message to its viewers. A sign shall mean and include every advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product, or service. Section 3200.54 - Sign, in-window "In-window sign" shall mean any sign painted on the inside or outside of a window or any sign erected or hung on the inside of a window, the purpose of said sign to be seen by persons outside of the building. Section 3200.55 - Sign Structure "Sign structure" shall mean the supports, uprights, braces, and framework of the sign. Section 3200.56 - Special Events Sign "Special events sign" shall mean a sign advertising or pertaining to any civic, patriotic or special event of general public interest taking place within the city. Section 3200.57 - Street Frontage "Street frontage" shall mean the length of a lot or parcel of land along or fronting on a street or other principal thoroughfare but not including such length along an alley, watercourse, railroad right-of-way or limited access roadway or freeway. (See graphic illustration section) Section 3200.58 - Structure "Structure" shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Section 3200.59 - Temporary Sign "Temporary sign" shall mean a sign which is not permanently affixed. Any other device constructed of lightweight material used for the purpose of con- veying a message. Section 3200.60 - Temporary Window Sign "Temporary window sign" shall mean a sign painted on the window or con- structed of paper, cloth or other like material and attached to the interior or exterior side of a window or glass area. Does not include display merchandise. Section 3200.61 - Total Aggregate Sign Area "Total aggregate sign area" shall mean the combined total display area of copy for each sign located on the premises. Section 3200.62 - Unlawful Sign "Unlawful sign" shall mean a sign which contravenes this guideline or which a public official may declare unlawful if it becomes dangerous or a traffic hazard to public safety. Anon-conforming sign for which a permit required under a previous ordinance was not obtained. .> 1rl ,~, Section 3200.63 - Wall Sign (Fascia Sign) "Wall sign" (Fascia Sign) shall mean a sign attached to or erected against a wall of a building. Any sign affixed in such a way that its exposed face is parallel to the plane of the building. ARTICLE 2 - GENERAL PROVISION Section 3220 - General Sign Provisions a) Off-premise signs shall not be permitted within the Ukiah City limits except Real Estate "Open House" signs placed on private property with permission of the property owner (Directional type). Such signs allowed only during hours of open house. b) Signs attached under a marquee shall have a vertical clearance of eight (8) feet between the existing or future grade of the finished sidewalk. Such signs shall be limited to four (4) square feet in area on each side if a double faced sign; a single faced sign shall be limited to four (4) square feet in area; one sign per occupant. c) No sign exceeding forty (40) square feet shall be visible from an R-District unless it shall be more than 100 feet from the R-District. d) No sign shall be located so as to create a safety hazard by obstructing vision, or shall interfere with or resemble any authorized warning or traffic sign or signal. e) A projecting sign shall have minimum clearance of eight (8) feet above the Pxisting or future grade of the fi.riished sidewalk, and a minimum clearance of fifteen (15) feet above an area used for vehicu- lar movement. f) These regulations shall apply only to those signs which are located outside of buildings or which are directly affixed to the inside of a window. Where signs are affixed to or painted on a window, such signs shall not exceed twenty-five (25%) percent of any window area, and such signs shall be counted as part or all of permitted sign area except as allowed in Section 3228 of this Chapter. g) Service station on corners: Signs from ground level to eight (8) feet in height shall be prohibited in the area formed measuring at the property line a distance of thirty (30) feet from the point of intersection of the two street and connecting two at these lines in triangular fashion. h) A temporary construction, development and subdivision sales signs are permitted in any residential zone providing the total aggregate area for all such signs does not exceed 32 square feet, and providing that no single face sign exceeds 12 square feet. Sign height for any given sign pray not exceed ten feet. Signs will be permitted to re- main fora maximum period of one year, but must be removed upon completion of project. Section 3221 - Prohibited Signs The following signs are prohibited within the City of Ukiah. 1) Flashing, rotating, animated, blinking a.nd moving signs. .~i o l ~, 2) Miscellaneous signs and posters and the tacking, pasting or otherwise affixing of signs of a miscellaneous character visible from a public right-of-way. Signs located on the wall of buildings, barns, sheds, trees, poles, posts, fences or other structures are prohibited unless provided for under other pro- visions of these regulations. 3) Any sign affixed to any vehicle or trailer on a public right- of-way or public property unless the vehicle or trailer is in- tended to be used in its official capacity and not for the sole purpose of attracting people to a place of business. 4) Banners, pennants, search lights, twirling signs, sandwich boards or "A" frame signs, curb signs, balloons or other gas-filled figures. Signs described above may be permitted at the opening of a new business or for special events with prior approval only for a total period not exceeding thirty days. 5) Flags other than those of any nation or corporation. 6) Portable or wheeled signs, unless used for real estate purposes, in which case the sign must be placed on the offered property. 7) Any sign that utilizes visible guy wires, angle irons and iron frame structures, unless construction is otherwise impossible. 8) Signs which bear or contain statements, words, or pictures of an obscene, pornographic, immoral character, or which contain adver- tising matter which is untruthful or misleading. 9) Signs emitting audible sounds, odor or visible matter. 10) Signs which purport to be, or are an imitation of, or resemble an official traffic sign or signal, or which bear the words: "stop", "go slow" "caution" "danger" "warning" or similar words. 11) Signs, which by reason of their size, location, movement, content, coloring or manner of illumination, may be confused with or con- structed as a traffic control sign, signal or device, or the light of a road or emergency equipment vehicle. 12) Outlining of a building by means of exposed neon tubing, exposed incandescent lighting, or other artificial lighting, or an equivalent effect is prohibited. 13) Signs which are located on or project over the roof of a building or structure. ARTICLE 3 - PERMITS, FEES, INSPECTIONS, APPROVALS AND INDEMNIFICATIONS Section 3222 - Permit Required Except as otherwise provided within these regulations, it shall be unlawful far any person to erect, construct, enlarge, move or convert any sign within the city limits, or cause the same to be done, without first obtaining a sign permit for each such sign from the Building Inspector as required by these regulations. These directives shall not be construed to require any permit for a change of copy, nor the repainting, cleaning, and other normal maintenance or repair of a sign or sign structure for which a ., .„>! permit has been previously issued, so long as the sign or structure is not modified in any way. Section 3223 - Application for Permit Application for such permits shall be made upon forms provided by the Building Inspector and shall contain or have attached thereto the following information and material: 1) The consent of the owner or person entitled to possession, or their authorized representative or the sign user. (Name, address and telephone number). 2) Name, address, telephone number, license number of the sign con- tractor or sign erector as required by ordinance. 3) A plot plan indicating the location of the building, structure, lot or parcel of property to which or upon which the sign or other advertising structure is to be placed or erected, including data showing building elevation and street frontages. 4) A detailed sketch with color swatches depicting the sign or sign structure and its relation to the building or use which it intends to identify. 5) Copies of a plan showing: (a) Position of sign or other advertising structure in relation to adjacent buildings or structures. (b) Construction design, size and type of material used. (c) A statement or diagram depicting the size and dimensions of all existing permanent advertising displays on the premises at the time of application. Current dated photographs may be used for this purpose. Section 3224 - Building, encroachment, and electrical permits A building permit shall be required for any sign which, in the opinion of the Chief Building Official, constitutes a structure or structural altera- tion. An encroachment permit shall be required from the City of Ukiah Public Works Department for any sign located within or projecting into the public right-of-wdy. An electrical permit shall be required for any sign to be served by electricity. Section 3225 - Issuance of Permits The Director of Building Inspections shall issue a permit for the er- rection, alteration, or relocation of a sign within the City when an appli- cation therefore has been properly made and the sign complies with all the appropriate laws and regulations of the City. Every permit issued by the Director of Building Inspections. under the provisions of this article shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within 60 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned for a period of 120 days or more at any time after the work is commenced. Before such work can be commenced or resumed there- after a new permit shall first be obtained and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifi- cation for such work; and provided further, that such suspension or abando- ment has not exceeded one year. ,~.~_ The Director of Building Inspections may, in writing, suspend, or re- voke a permit issued under provisions of this article whenever the permit is issued on the basis of a material omission or misstatement of fact, or in violation of any provisions of this article. 1) Revocation The Building Inspector may, in writing, suspend or revoke a permit issued under the provisions of these regulations whenever the per- mit is issued on the basis of a misstatement of fact or fraud or failure to comply with this ordinance. 2) Review The Building Inspector may, in writing, deny issuance of a permit when in fact the sign or sign structure in question requires re- view and opinion for quality construction and design standards. Such review of the application will then be conducted by a duly authorized board, committee or commission and a decision rendered within fourteen working days after the initial permit application was filed with the City. Section 3226 - Signs, exempted from permit requirements The following signs do not require a sign permit: 1) Professional or business signs in residential zones not to exceed one (1) square foot in area for home occupations as allowed by the Zoning Ordinance. 2) Real estate signs are permitted. No single face sign may exceed six square feet for each single family home or duplex, and six- teen square feet for multiple family uses. These signs must be removed when the property is taken off the market. 3) One political campaign sign on private property not exceeding four (4) square feet in area or four (4) feet in height. These signs shall be removed within ten (10) days following the election. Such signs shall not be erected prior to sixty (60) days before the election. 4) Names of buildings or dates of erection of buildings when cut in a masonry surface or constructed of bronze or other imcombustible material. 5) Traffic or other municipal signs, railroad crossing signs, danger, and other such emergency signs including working painted on streets. 6) Signs of a directional nature for special events not to exceed 24 square feet each to be allowed for the duration of the event, but not to exceed 14 days. 7) Permanent signs serving as directional signs to institues of an educational, religious, charitable or civic nature not to exceed four (4) square feet in area. 8) Directional signs located within parking lots identifying the en- trance and exit and other directional information only. Such signs shall not exceed four (4) square feet each or eight (8) square feet for all such signs per acre of parking. 9) Signs showing the location of public telephones, restrooms, and underground utility facilities. -., ,~~.~ 10) Signs (or decals) advertising credit cards, association member- ships or trading stamps not to exceed two (2) square feet for each sign. 11) Any and all signs, lights, banners, flags, or other advertising devices placed on an occupant's property for a maximum of sixty (60) consecutive days to announce the opening of a new business. Although no sign permit is required, the Planning Director shall review and approve plans for such signing to ensure that it offers no hazard to the safe movement to traffic and also that it does not block permanent identification signs on neighboring properties. 12) Holiday lights, decorations and displays, provided such lights, decorations and displays are removed within ten (10) days after the holiday. 13) Any sign, posting, notice, etc., placed by or required by a govern- mental entity in carrying out its responsibility to protect the general health and welfare of the community. 14) Street signs and address numbers. ARTICLE 4 - GENERAL SIGN REGULATIONS Section 3227 - Permitted sign area, encroachment, height, number, illumination and movement a) Commercial and Industrial Zones 1) One (1) square foot of sign area for every ground level lineal foot of parcel frontage. 2) On corner lots the maximum allowable number and square footage of onsite signs are permitted for each street frontage up to two (2). Said maximum allowances, however, are not transferable either in whole or in part from one street frontage to another. 3) In no case shall the total square footage of signs on a building frontage exceed the number of lineal feet in the frontage or seven hundred fifty (750) square feet whichever is the lesser figure. 4) Signs in commercial and industrial zones shall not overhang the public right-of-way in excess of one (1) foot. 5) In no case shall there be more than one (1) free-standing sign on one property under one ownership, regardless of the number of occupants of said property. 6) Parcels under one ownership which contain four or more businesses may erect a free-standing sign in addition to other permitted sign area which: a) constitutes the single free-standing sign permitted in Section a(4) above. b) shall not exceed two hundred (200} square feet. One hundred (100) square feet of the total sign area may be used for individual identification signs uniform in size, shape, and lettering. :~~,-~- c) shall not exceed thirty (30) feet in height and shall have a minimum clearance of ten (10) feet from the finished grade of the existing or future sidewalk; such signs shall not exceed the roof-height of the main building on a parcel. d) shall not contain "reader boards". 7) Regardless of any other provision in this Section, no sign, whether free-standing or attached to a building shall exceed the roof-height of the main building on a parcel. 8) Signs in commercial and industrial zones, if illuminated, shall be indirectly illuminated, i.e., - shall not have directly exposed bulbs, lamps, tubes, or other illumination devices. 9) Signs in commercial and industrial zones shall not flash, revolve, move, or be animated in any way. 10) A shopping center, in addition to the signing permitted each occupant on the basis of their frontage, may have free-standing main identification signing with area equal to one forth (I/4) square foot for each ground floor foot of total building frontage up to a maximum of 200 square feet. This signing may be a name, a roster of tenants, or a combination thereof. The maximum height of this free-standing sign shall be thirty (30) feet. 11) Placement of signing shall be limited to street frontages and business frontages. Sign orientation to parking areas, pedestrian malls or internal courts may be allowed subject to review and approval of the Director of Planning. b) R-3, General Multiple Family Zone and P, Public Zone 1) The total permitted sign area is one quarter (1/4) square foot for each lineal foot of the longest property frontage. In no case shall a sign exceed forty (40) square feet in total area. 2) In no case shall there be more than one sign for any one use in these zones. 3) Signs in the R-3 and P Zones shall not revolve, flash, move, or be animated in any way, nor shall such signs be illuminated other than by low-level indirect lighting devices. 4) Free-standing signs in the R-3 and P zones shall not exceed four (4) feet in height and shall be either of wood or masonry con- struction. 5) Signs in the R-3 and P zones shall not encroach into the public right of way. 6) Signs advertising ho me occupations shall conform to the require- ments of Article 3, Section 3229 c( 1) below. 7) Signs in the R-3 and P Zones which are attached to buildings shall not exceed the eave height of the first story of the main building on any parcel. !,),~ c) R-1, Single Family Residential and R-2, Multiple Family Residential District. 1) One sign not exceeding two (2) square feet in total area attached to the principal structure on a parcel for the purpose of identifying. the occupant of the parcel. 2) One sign not exceeding two (2) square feet in total area attached to a curbside mailbox for the purpose of identifying the occupant of the parcel or owner of the mailbox. 3) Signs in the R-I and R-2 Zones shall not flash, revolve, move, or be animated in any way, nor shall such signs be illuminated other than by low-level indirect lighting devices. 4) Signs in the R-1 ands R-2 Zones shall not encroach into the public right-of-way except where attached to a curbside mailbox. 5) Signs in the R-1 and R-2 Zones shall not exceed the eave height of the first story of the principal structure on a parcel. ARTICLE 5 - REMOVAL AND DISPOSITION OF SIGNS; ABANDONED SIGNS Section 3228 - Maintenance and Repair a) Every sign shall be mainted in a safe, presentable and good structural material condition at all times, inci~ding the replacement. of defective parts, painting, repainting, cleaning and other acts required for maintenance of said sign. If the sign is not made to comply with adequate safety standards, the Building Inspector shall require its removal in accordance with this section. Section 3229 - Abandoned Signs a) Except as otherwise provided, any sign which is located on property which becomes vacant and unoccupied for a period of 60 days or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. The Building Inspector shall prepare a notice which will describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation involved is not corrected within ten days, said sign shall be removed by the Building Inspector in accordance with the provisions of this ordinance. All notices sent by the Building Inspector shall be sent by certified mail. Any time periods provided in this section shall be deemed to commence on the day of the receipt of the certified mail. Any person having an interest in the sign or the property may appeal the determination of the Building Inspector ordering removal of compliance by filing a written notice of appeal with the Planning Commission within 30 days after the date of mailing the notice, or 30 days after receipt of the notice if the notice was not mailed. Permanent signs applicable to a busi- ness shall not be deemed abandoned, unless the property remains vacant for a period of four months or more. b) When it is determined by the Building Inspector that said sign shall cause imminent danger to the public safety, and contact cannot be made with a sign owner or building owner, no written notice shall have to be served. In this i~) ~ ~ emergency situation, the Building Inspector may correct the danger. The Building Inspector shall cause to have removed any sign that endangers the public safety, such as an abandoned, materially dangerous, electrically or structurally, defective sign, or a sign for which no permit has been issued according to the provisions of this ordinance. Any sign removed by the Building Inspector pursuant to the provisions of this section shall be- come the property of this City and may be disposed of in any manner deemed appropriate by the City. The cost of removal of sign by the City shall be considered a debt owed to the City by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the City or by assessment against the property as hereinafter provided. The cost of removal shall include any and all incidental expense incurred by the City in connection with the sign's removal. Section 3230 - Sign Removal a) When it is determined by the Building Inspector that a sign has been damaged beyond 50% of its initial capital investment value, or when the face of a sign requires alteration or change, such sign must then be made to conform to all provisions within this ordinance. ARTICLE 6 - CONSTRUCTION SPECIFICATIONS AND SAFETY Section 3231 - Compliance with Building Code a) All signs shall comply with the appropriate detailed provisions of the City Building Code and the Uniform Sign Code relative to design and construction, structural integrity and connections and safety. Signs shall also comply with the provisions of the applicable electric code and additional construction standards set forth in this section. Section 3232 - Construction of Signs a) Each sign hereafter erected or remodeled shall bear, in a permanent position, clearly legible identification decals stating the firm or corporation responsible for its construction and erection. Electric signs shall be marked with input amperages at the full load input. b) Each sign shall have a specified sticker provided by the Building De- partment that identifies the permit number that was originally issued by the Building Inspector, and such sticker must be visibly placed on the frame or outer perimeter of the sign. c) No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening, unless auth- orized by special user permit. No sign shall be attached in any form, shape or manner which will interfere with an opening required for ven- tilation, except in circumstances when not in violation of the Building or Fire prevention codes. d) Signs shall be located in such a way that they maintain horizontal and vertical. clearance of all overhead electrical conductors in accordance with the Electrical Code and the regulations of the Public Utilities Commission. e) Certain signs shall be properly guttered and connected with downspouts to storm sewers so that water will not drip or flow into public side- walks or streets. . 10 ~' f) A71 permanent free-standing signs or poles shall be self-supporting structures erected on and permanently attached to concrete foundations. Such structures or poles shall be fabricated only from steel or other such materials as approved by the Building Code. g) All signs of a building shall be constructed to withstand wind loads of 30 lbs. per square foot of the total face area of the letters and other sign surfaces. Note: The wind load quoted is a normal average and must be adjusted for areas subject to unusually high velocity winds and wind conditions. h) No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action. Signs shall be anchored to pre- vent any lateral movement that would cause wear on supporting members or connections. ARTICLE 7 - NONCONFORMANCY Section 3233 - Non Conforming Signs a) All permanent signs and sign structures which were erected in exis- tence prior to the effective date of this ordinance, and which were at the time of such erection or establishment in compliance with all then applicable statutes and ordinances, but which do not meet re- quirements of this ordinance, shall be prmitted to remain in exis- tence not withstanding their non-conforming character, providing that such signs and sign structures remain in full compliance with Section VIII of this ordinance. The provisions of this paragraph will apply to any and all areas upon annexation. b) All temporary signs and temporary sign structures which were erected and in existence prior to the effective date of this ordinance, but which do not meet the requirements of this ordinance, shall be per- mitted to remain in existence not withstanding their non-conforming character fora period of 60 days from the effective and official date of this ordinance. Thereafter all such signs and sign structures shall be in violation of this ordinance, and subject to removal as in the case of any other illegal structure or use, subject to the exceptions set forth herein. c) All signs or sign structures which at the time of adoption of this ordinance whirl; blink, rotate, move or are animated shall be re- moved by June 30, 1981. d) All signs or sign structures associated with a business or parcel of property shall be made to conform to this ordinance upon sale or trans- fer of said business or property. ~~ ,„~ ARTICLE 8 - RESPONSIBILITY Section 3234 - Responsibility a) The owner, or authorized representative, or sign user of the property upon which the sign or advertising structure is located shall be re- sponsible for its proper maintenance and repair. 1) All signs shall be subject to an inspection by the Building In- spector or his authorized representative. 2) All signs erected, altered or relocated shall be inspected every two years to determine that the sign has been maintained in such a manner as to insure that the sign is safe as to electrical, structural and material specifications as provided for in these guidelines. 3) The Building Inspector may declare any sign unlawful if it endangers public safety by reasons of inadequate maintenance, dilapidation or abandoment. Any such declaration shall state the reasons for declaring that the sign constitutes a safety hazard to the general public. ARTICLE 9 - VARIANCE Section 3235 - Sign Variances a) Where practical difficulties, unnecessary hardships and results incon- sistent with the general purpose of this Chapter may result from the strict application of certain provisions thereof, a Variance may be granted as provided in Section 9207 et seq. of the Ukiah Municipal Code. Economic hardship shall not be considered a practical difficulty, unnecessary hardship, or a result inconsistent with the general practice of this Chapter. Economic hardship is defined as the actual expense of removing the non-conforming sign or causing a conforming sign to be erected. Historical and architectural significance based upon age, design, construction materials and other criteria as determined by the City Council shall be utilized in determining appropriateness of var- iances. The granting of a variance shall require a statement of find- ings by the Commission noting the facts of the particular sign, not applicable to other signs generally. ARTICLE 10 - PENALTIES FOR VIOLATION Section 3226 - Penalties for Violation a) Any person, firm or corporation violating any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five Hundred ($500) Dollars, or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. .3•;}~~ ARTICLE 11 - ILLUSTRATIONS Section 3237 - Graphics a) The following graphics describe in'illustrative form many of the terms, concepts and sign types utilized in this chapter. (See original of subject ordinance for the following illustrations:) 1) AREA OF A SIGN: (Section 3200.05) 2) ATTACHED SIGN: (Section 3200.07) 3) DETACHED SIGN: (Section 3200.09) 4) FRONT FOOTAGE OF BUILDING OCCUPANCY: (Section 3200.25) 5) HEIGHT OF SIGN: (Section 3200.26) 6) PROJECTING SIGN: (Section 3200.46) 7) ROOF SIGN: (Section 3200.50) 8) STREET FRONTAGE: (Section 3200.55) 9) PROHIBITED SIGNS: (Section 3221) 10) PROHIBITED SIGNS: (Section 3221) 11) CORNER LOTS: (Section 3227.a), 2)) Section 3. This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. Section 4. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED this 4th day of February, 1981 by the following roll call vote: AYES: Councilmembers Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None s/Hays Hickey Mayor ATTEST: s/Hattie Tillotson City Clerk