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HomeMy WebLinkAbout822125 ORDINANCE NO. 822 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) - 1983 The City Council of the City of Ukiah does Ordain as follows: / Section 1. Chapter 7, Division 3 of the Ukiah City Code is hereby repealed CHAPTER 7 - SIGNS The purpose of this Chapter is to provide standards for the regulations of the height, size, location and appearance of signs, in order to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 enhance 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 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 context, 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. "Advertising message", "copy" shall mean any written, graphic or picto- rial form on a sign describing products or services being offered. Section 3200.03 - Animated Signs "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 126 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, 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 one face and one half of the second face shall be included in determining~ the area of the sign. 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 neighborhood, subdivision, shopping district, industrial district, agricultural district or any special community area. Section 3200.07 - Attached Sign "Attached sign" shall mean any sign which is fastened, attached, con- nected 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 exterior wall of a building and composed of non-rigid materials except for the supporting framework. Section 3200.09 - Detached Sign 127 "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. 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 all 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. 128 Section 3200.19 -Development Project Sign "Development project sign" shall mean a temporary sign identifying a proposed development project, or one under construction. ~,~, Section 3200.20 - Directional Sign "Directional sign" shall mean any sign which serves solely 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 artificial 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 f 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", "de- tached 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 dimen- sion measured horizontally along the front of a building which defines the 129 ! 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 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 is an identification sign. 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 bv electrical, 130 ! electronic, or kinetic means, including int.ermittent pulsations. Section 3200.35 - Mural "Mural" shall mean a painting on a wall or ceiling Section 3200.36 - Nameplate · "Na - e" mep±at means a sign which designates the name and~address of a person or persons occupying the premises upon which it i~ located. Section 3200.37 - 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 3200.38 - 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 sha~e said division of a building. Section 3200.39 - 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 3200.40 - On-Site Sign "On-Site sign", also known as on-premise and business sign, shall mean any sign directing attention to a business, commodity, service, or entertainment conducted, sold, or offered upon the same premises as those upon which the sign is maintained. Section 3200.41 - 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 metes and bounds which constitutes one development site whether composed of a single unit of land or contiguous units under common ownership. Section 3200.42 - Parapet or Parapet Wall "Parapet or parapet wail" shall mean that portion of a bui!.~ing wall that rises above the roof level. Section 3200.43 - Planning Director 131 "Planning Director" shall mean the Planning Director of the City of Ukiah or his designated representative. Section 3200.44 - Political Sign "Political sign" shall mean a sign designed for the purpose of solicit- ing support of, or opposition to, a candidate or propos~tion at a public election. Section 3200.45 - 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 3200.46 - Premise or Premises "Premise or premises" shall mean a parcel of property. Section 3200.47 - Projecting Sign '~ "Projecting sign" shall mean a sign which is attached to and projects from the structure or building face. Section 3200.48 - 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, temperature, date, atmospheric conditions, news or traffic control, etc. Section 3200.49 - Reader Board "Reader Board" shall mean any sign which would allow changing of indi- vidual letters for different messages. Section 3200.50 - 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 3200.51 - 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 3200.52 - 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 132 illustration section). Section 3200.53 - Rotating Sign "Rotating sign" shall mean any sign or portion thereof which physically revolves about an axis. Section 3200.54 - 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 3200.55 - 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 3200.56 - 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 3200.57 - Sign Program "Sign Program" shall mean an integrated system of signs proposed for one or more businesses, usually for a shopping center or group of uses on a single parcel. "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 3200.58 - Sign Structure "Sign structure" shall mean the supports, uprights, braces, and frame- work of the sign. Section 3200.59 - Special Events Sign "Special events sign" shall mean a sign advertising or pertaining to any 133 ! civic, patriotic or special event of general public interest taking place within the city. Section 3200.60 - Street or Parcel Frontage ., "Street or parcel 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 3200.61 - Structure "Structure" shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially buii~ up or composed of parts joined together in some definite manner. Section 3200.62 - 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 conveying a message. Section 3200.63 - Temporary Window Sign "Temporary window sign" shall mean a sign painted on the window or constructed 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 3200.64 - Total Aggregate Sign Area "Total aggregate sign area" shall mean the combined total display area of each sign located on the premises. Section 3200.65 - 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, or a nonconforming sign for which a permit required under a previous ordinance was not obtained. Section 3200.66 - 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. 134 ARTICLE 2 - PERMITS, FEES, INSPECTIONS, APPROVALS AND INDEMNIFICATIONS Section 3220 - Permit Required Except as otherwise provided within tb~se regulations, it shall be unlawful for any person to erect, constrU6t, .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 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 sign structure is not modified in any way. Section 3221 - 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 contractor 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) c) Construction design, size and type of material used. A statement or diagram depicting the size and dimensions of 135 ! all existing permanent advertising displays on the premises at the time of application. Current dated photographs may be used for this purpose. Section 3222 - Building, encroachment, a~d 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 alteration. 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-way. An electrical permit shall be required for any sign to be served by electricity. Section 3223 - Issuance of Permits The Director of Community Development shall issue a permit for the erection, alteration, or relocation of a sign within the City when an application therefore has been properly made and the sign complies with all appropriate laws and regulations of the City. · Every permit issued by the Director of Community Development 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 thereafter 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 specification for such work; and provided further, that such suspension or abandonment has not exceeded one year. The Director of Community Development may, in writing, suspend or revoke a permit issued under provisions of this article whenever the permit is issued onlthe 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 permit is issued on the basis of a misstatement or omission of 136 material 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 review for quality of construction or design standards. Such review of the application will then be conducted by the Building Code Board of Appeals and a decision rendered within fourteen working days after the initial permit application was filed with the City. Section 3224 - 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 two (2) square feet in area for home occupations as allowed by the Zoning Ordinance. 2) Real estate signs. No single face may exceed six square feet for each single family home or duplex, and sixteen square feet for multiple family uses. Signs for commercial uses may not exceed 32 square feet per face. 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 elections. 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 incombustible material. 5) Traffic or other municipal signs, railroad crossing signs, danger. and other such emergency signs including wording 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 institutes of an educational, religious, charitable or civic nature not to exceed four (4) square feet in area. 137 s) Directional signs located within parking lots identifying the , entrance 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 memberships or trading stamps not to exceed two (2) square feet for each sign. 11) Holiday lights, decorations and displays, provided such lights, decorations and displays are removed within ten (10) days after~ the holiday. 12) Any sign, posting, notice, etc., placed by or required by a governmental entity in carrying out its responsibility to protect the general health and welfare of the community. 13) Street signs and address numbers. 14) Downtown Parking District signs with business identification ARTICLE 3 - GENERAL PROVISIONS Section 3225 - General Sign Provisions a) 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. b) 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. 138 c) d) e) A projecting sign shall have a minimum clearance of eight (8) feet above the existing or future grade of the finished sidewalk, and a minimum clearance of fifteen (15) feet above an area used for vehicular movement. ~ 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. 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 exceeds 12 square feet. Sign height for any given sign may not exceed ten feet. Signs will be permitted to remain for a maximum period of one year, but must be removed upon completion of project. f) Temporary construction, development, subdivision sales, lease and real estate signs are permitted in any commercial or industrial zone, if free=standing. The total aggregate area for all such signs may not exceed 64 square feet, and no single face may exceed 32 square feet. Sign height for any given free-standing sign may not exceed ten feet. Signs will be permitted to remain for a maximum period of one year but must be removed upon completion of sale, lease or project. g) Murals are allowed subject to review by the Planning Commission as a regular agenda item. Criteria upon which murals will be evaluated as both art and advertising are: Compatibility with surrounding environment and community in general; appropriateness to site; relationship to use of building upon which it is placed, impact on motorists and traffic hazards; advertising potential. Written messages are discouraged. Any area determined to be advertising and allowed to remain in the mural shall be counted as part of the allowed parcel signage. 139 // ±) h) Awning signs are allowed subject to review by the Planning Commission as a regular agenda item, and securing an encroachment permit from the Public Works Department. Sign area shall be calculated as defined in Section 3200.05. These shall not be considered as projecting signs. / Governmental (Educational, civic or religious special event signs may be posted up to 20 days prior to the event and taken down at least two days after the event. Size shall not exceed 32 square feet and there shall be no more than four such signs. Signs shall be approved by the Planning Director. This section shall not be applicable to handbills or small posters for said events. j) Signing for a project requiring a site development permit or use permit shall be reviewed by the Planning Commission as part of the permit application process. ~. k) 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 Director of Community Development 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 identifications sign on neighboring properties. Section 3226 - Prohibited Signs The following signs are prohibited within the City of Ukiah. 1) Flashing, rotating, animated, blinking and moving signs. 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 provisions 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 intended to be 140 used in its official capacity and not for the sole purpose of attracting people to a place of business. 4) Banners, pennants, search iight~, ~.twirling signs, signs on side- walks balloons or other gas-fille~ figures. Signs described above may be permitted at the opening of a new business or for special events with prior approval of the Director of Communi~-. Development only for a total period not exceeding thirty days. 7) 5) Flags other than those of~any nation or state. 6) Portable or wheeled signs, unless used for real estate purposes~ in which case the sign must be placed on the offered property. Any sign that utilizes visible guy wires, angle irons and iron frame structures, unless construction is otherwise impossible. 8) Signs emitting audible sounds, odor or visible matter. 9) 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. 10) 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. 11) Outlining of a building by means of exposed neon tubing, exposed incandescent lighting, or other artificial lighting, or an equivalent effect is prOhibited. 12) Signs which are located o~ or project over the roof of a building or structure. 13) Off-premise signs shall not be permitted within the Ukiah City limits except Real Estate "Open House" signs not exceeding six square feet placed on private property with permission of the property owner (Directional type). Such signs allowed only during hours of open house. 14) Corner Properties: 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 141 intersection of the two streets and connecting at the.~e lines in triangular fashion. ARTICLE 4 - GENERAL SIGN REGULATIONS / Section 3227 - Permitted sign area, encroachment, height, number, illumination and movement a) Commercial and Industrial.Zones 1) One and one-half (1½) square feet of sign area for every ground level lineal foot of parcel frontage. No more than 2/3 of this allowed signage to be free standing. 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 transfer- able either in whole or in part from one street frontage to another, except when the sign is placed at a 45° angle in the corner of the parcel, in which case Site Development is required. 3) 4) 5) 6) In no case shall the total square footage of signs on a build- ing frontage exceed the number of lineal feet in the frontage or five hundred (500) square feet whichever is the lesser figure. Signs in commercial and industrial zones shall not overhang the public right-of-way in excess of four (4) f?~t. The provisions of this section do not prohibit in addition to other free standing sign, one sandwich board or "A" frame size per parcel, provided such sign does not exceed six square feet per side, is not placed in any part of a public right-of-wav and is removed at close of business each day. Parcels under one ownership which contain four or ~ore businesses may erect a free-standing sign in addition to other permitted sign area which: 142 a) constitutes the single free-standing sign permitted in Section a(5) above. b) shall not exceed two hundred (200) square feet. One hundred (100) square~fe~t of the total sign area may be used for individual identifi'cation signs uniform in size, shape and lettering. 7) c) shall not exceed (30) feet in height and shall have a minimum clearance of ten (10) feet from the finished grade of the existing future sidewalk. d) shall not contain "reader boards". Regardless of any other provision to this Section, no sign, attached to a building shall exceed the roof-height of the main building on a parcel. Free standing signs may exceed the roof height of the main building, providing the sign is 30 feet or less and subject to a Site Development Permit. s) 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 fourth (1/4) 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 except sign orientation to parking areas, freeways, pedestrian malls, internal courts or sign programs may be allowed subject to a Site Development Permit. 143 12) Prepared food, gasoline and l~dging businesses specifically related to the traveling public along U.S. 101 Freeway within 600 feet of the freeway centerline and 300 feet of the centerline of any intersecting street within the City limits may have the allowed single free standing sign at a height not · to exceed 50 feet regardless of the main building height, with · Planning Commission Site Development Permit approval. Sign placement for both free standing and attached shall be subject to the Site Development Permit. At such time that a freeway logo board system is in place these special provisions no longer apply and tile -.igns will have to conform to the General Provisions o~ the City of Ukiah Sign Ordinance. Ail such signs must be removed in favor of the freeway logo program within three years of availability of the logo system. 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) 5) 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 construction. Signs in the R-3 and P zones shall not encroach into the public right-of-way. 6) Signs advertising home occupations shall conform to the requirements of Article 3, Section 3227 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 144 c) main building on any parcel. R-l, Single Family Residential and R-2, bIultipie f~i2 - 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 or a home occupation. 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-1 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 and 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. d) Signs that do not otherwise conform to the requirements of this ordinance and are either necessarily temporary or unusual because of the unique character of a site, may be approved by the Planning Commission in the form of a use permit. ARTICLE 5 - REMOVAL AND DISPOSITION OF SIGNS; ABANDONED SIGNS Section 3228 - Maintenance and Repair a) Every sign shall be maintained in a safe, presentable and good structural material condition at all times, including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of said sign. If the sign is not made to comply with the requirements of this 145 section, the Building Inspector may require its removal. 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 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 or 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 business temporarily suspended because of a change of ownership or management of such business 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 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 become the 146 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 ~f 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 expenses 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 A~ SAFETY Section 3231 - Compliance with Building Code a) Ail 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 the 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 Department 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. Within one year of the adoption of this code all legal signs shall be c) d) e) f) // identified and appropriately marked. 147 No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening, unless authorized by special user permit. No sign shall be attached in any form, shape or manner which will inte'--fere with / an opening required for ventilation, except in circumstances when -. not in violation of the Building or Fire prevention codes. 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. Certain signs shall be properly guttered and connected with downspouts to storm sewers so that water will not drip or flow into public sidewalks or streets. All 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) Ail 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 above 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 prevent 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 and in 148 existence 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 requirements of this ordinance, shall be permitted to remain in existence not withstanding their non-conforming 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 any additional permits under article Article 3 or removal under Article 5 of this ordinance. The provisions of this paragraph will apply to any and all areas upon annexation. b) Ail 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 permitted to remain in existence not with- standing their non-conforming character for a period of 60 days from the effective 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) Ail signs or sign structures which at the time of adoption of this ordinance whirl, blink, rotate, move or are animated shall be removed or cease to whirl, blink, rotate, move or be animated within 60 days of the effective date of this ordinance. · d) Ail signs or sign structures associated with a business shall be made to conform to this ordinance upon sale or transfer of said business, change of business name or other situation requiring modification to sign or sign structure provided if the only change is the sale or transfer of business, said sign shall be removed upon the expiration of one year from the date of said sale or transfer. The City Council finds that this is a reasonable amortization period because all signs which must be removed under this section have been in existence for at least three years prior to the effective date of this ordinance. 149 ARTICLE 8 - RESPONSIBILITY Section 3234 - Responsibility a) The owner, or authorized representative, or sign user of the property upon which the sign oc~advertising structure is located shall be responsible for its proper maintenance and repair. l) Ail signs shall be subject to an inspection by the Building Inspector or his authorized representative. 2) Ail 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 abandonment. Any such declaration shall state the reasons for declaring that the sign constitutes a safety hazard to the general public. A~TICLE 9 - VARIANCE Section 3235 - Sign Variances a) Where practical difficulties, unnecessary hardships and results inconsistent 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 9231 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. 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 150 shall be utilized in determining appropriateness of variances. The granting of a variance shall require a statement of findings bv the Commission noting the facts of the particular sign, not applicable · to other signs generally which justify issuance of a variance. / ARTICLE 10 - PENALTIES FOR VIOLATION Section 3236 - Penalties for Violation a) Any person, firm or corporation violating any of thc 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. 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. 151 ~) AaF_t oF A sI~'- (Section 5200.05) . . : ' ' ' ., '-'Y 'i' .', '.- -1.'.:_. .. , ::.~ .... .-- T l:'.: . . -.. · ,. :: ' :': '.':.: .. -. · ,:' - ;-' . 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DETAC,tmmD SI~4: Section 3200.09) FRONT FOOTACE OF BUILDI.N'G OCCUP.kYCY: (Section 3200 ~S) 153 · . [Section 5200. HEIGHT OF SIGN~ PROJECTING SI~f- (Section 3200.46) 154 ROOF SIC<: (Section S200.50 8) STREET ~RO,~-FACE: (Section $200 SS) STREET FRONTAGE 155 9) PROIIIBITED $I~,;S' (Section. · · · . · 156 PROfflBI ,~D S I (~k'S · (Section 157 ii) ECK\%R LOTS' (Section xv.-.a), 2) 12) FREEWAY ZONE- [Section 3227 a)12)] 158 Section 3. This ordinance shall be published as required bv law in a newspaper of general circulation published in the City of Ukiah. Section 4. This ordinance shall become effec.t,ive 30 davs after its adoption. PASSED ~aJVD ADOPTED this 7th day of Detember , 1983 bv the following roll call vote: AYES: NOES: Councilmembers Feibusch and Hickey Councilmember Dickens ABSENT: None ASTAIN- Councilmembers Myers and Kelley ~AYOR ATTEST: