HomeMy WebLinkAbout1148 Amending Div 3 Chap 7 - Moving Signs ORDINANCE NO. 1148
� ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING
DIVISION 3, CHAPTER 7 OF THE UKIAH CITY CODE BY ADDING LETTER
"O" TO SECTION 3226 (PROHIBITED SIGNS), AND AMENDING LETTER "A"
IN AND ADDWG LETTER "E"TO SECTION 3233 (NON-CONFORMANCY) 'i
The City Council finds and declares as follows:
SECTION ONE
1 Signs that move, scroll, rotate, appear to move or which have parts, messages, or
surfaces that move, scroll, rotate or appear to move ("Moving Signs") are intended to
visually attract attention with changing messages that can hold a person's attention; and
I 2. By capturing and holding a person's attention such signs could create traffic hazards
because motorists may become distracted and not keep their eyes on the road ahead;
and
3. Moving Signs present an image characteristic of large dense urban environments where
flashing, moving, message scrolling illuminated signs are common and compete for
attention; and
4. Illuminated Moving Signs are inconsistent with the rural small city heritage of the City of ,
Ukiah, as described in the Summary of Major Findings on page 7 of the General Plan '
Community Design Element which states: "The rural character of the area is a major part
of its heritage..."; and
5. Amending the City of Ukiah sign regulations to prohibit Moving Signs can be seen with
certainty to have no significant impact on the environment and, therefore, is not subject
to the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of
the CEQA Guidelines for the following reason: The new regulations would prohibit the
construction of a certain type (manner) of signage, therefore precluding the potential
effects of this type of construction on the environment.
SECTION TWO
1. Letter "O" is added to Section 3226 (Prohibited Signs), Division 3, Chapter 7, Article 3 of
the Ukiah City Code as follows:
O. Signs which physically or visually move, scroll, rotate or create an illusion of
movement, or which have parts, messages, or surfaces that physically or visually
move. scroll, rotate or create the illusion of movement, or which emit audible
sound or noise.
2. Letter "A" in Section 3233, Division 3, Chapter 7, Article 7 (Non-Conformancy) of the
Ukiah City Code is amended as follows:
A. All permanent signs and sign structures which were erected and in existence prior
to the effective date of this ordinance or anv amendment thereto, 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 requirements of this ordinance,
� shall be permitted to remain in existence notwithstanding their nonconforming
character, providing that such signs and sign structures remain in full compliance
with Article 8 of this ordinance, and providing further that the sign does not require
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any additional permits under Article 3 or removal under Article 5 of this ordinance.
The provisions of this paragraph will apply to any and all areas upon annexation.
3. Letter "E° is added to Section 3233, Division 3, Chapter 7, Article 7 (Non-Conformancy)
of the Ukiah City Code as follows:
E. Ordinary maintenance and associated minor repairs may be made to any
nonconforming sign providing no structural alterations or design changes are made.
Other repairs, alterations, or design changes may be permitted, provided that a use
permit shall be first secured in each case and that such repairs, alterations or design
changes comply all other provisions of this Chapter 7.
SECTION THREE
1. Severebility: If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions of the Ordinance.
The City Council of the City of Ukiah hereby declares that it would have passed this
Ordinance and each section, subsection, sentence, clause and phrase thereof
irrespective of the fact that one or more sections, subsections, sentences, clauses or
phrases may be held invalid or unconstitutional.
2. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published
once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the
full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days
prior to its adoption and again within fifteen (15) days after its adoption.
3. Effective Date: The ordinance and shall become effective thirty (30) days after its
adoption.
Introduced by title only on May 7, 2014, by the following roll call vote:
AYES: Councilmembers Scalmanini, Thomas, Landis, and Mayor Baldwin �I
NOES: None
ABSENT: Councilmember Crane
ABSTAIN: None
Adopted on May 28, 2014 by the following roll call vote:
AYES: Councilmembers Scalmanini, Crane, and Mayor Pro Tem Thomas
NOES: None I
ABSENT: Mayor Baldwin and Vice Mayor Landis
ABSTAIN: None
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Benj Thomas, Pro-Tem Mayor
ATTEST: �
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K'ristine Lawler, City Clerk
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