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HomeMy WebLinkAbout1255 - Regulating SignageORDINANCE NO.1255 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE REGULATING SIGNAGE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS • The City's sign regulations, outlined in Division 9, Chapter 7 of the Ukiah City Code, provide standards for signage across zoning districts. These regulations have been periodically updated since the adoption of Ordinance No. 685 in 1976, with further amendments made through Ordinances 756 (1981), 822 (1983), 1106 (2008), and 1148 (2014). • The City's 2040 General Plan includes Land Use Element Policy LU-11.7, which directs the City to streamline and clarify the sign review and approval process. • The current sign regulations require updates to reflect advancements in technology, changes in advertising practices, and to correct administrative inefficiencies. These updates are necessary to maintain a balance between business visibility, community aesthetics, and public safety. • The proposed amendments are intended to clarify sign types, streamline the approval process, establish stricter illumination standards to reduce light pollution, and improve enforcement through clearer compliance mechanisms. • The Design Review Board is established to ensure that new development and aesthetic improvements within the City reflect adopted design standards and preserve community character. • To support this role, the Design Review Board will have the authority to review and approve Mural Permits for artwork proposed on private structures. This review process ensures consistency with design guidelines, respects historical context, provides opportunities for public input, and reflects community values. • The City has determined that the proposed ordinance amendment is categorically exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), 15311 (Accessory Structures), and the general exemption under Section 15061(b)(3). SECTION TWO. Section 1169 in Division 1, Chapter 4, Article 4B of the Ukiah City Code is hereby amended to read as follows: § 1169 DUTIES OF THE BOARD It shall be the function and duty of the Design Review Board to review proposed site f development permit applications, planned development applications and precise development plans, work with staff and the applicants to ensure design consistency with the Ukiah General Page 1 of 32 Plan, Zoning Code, and Design Review Guidelines, review and make decisions on issuance of mural permits for murals on private commercial structures, and make recommendations concerning architecture, site design layout, landscaping, parking, signage, exterior lighting, and other aspects of urban design to City staff, Zoning Administrator, Planning Commission and City Council as appropriate. SECTION THREE. Chapter 7 of Division 3 of the Ukiah City Code is hereby amended to read as follows: CHAPTER 7 SIGNS' The purpose of this chapter is to provide standards for the regulation 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; to identify and regulate prohibited signs; to promote the public health, safety general welfare of the city; and to minimize light trespass onto adjacent properties and the night sky, ensuring a balance between visibility and environmental considerations. ARTICLE 1. DEFINITIONS SECTION: §3200: Definitions Generally §3200.01: Abandoned Sign §3200.02: Advertising Message §3200.03: Animated Signs §3200.04: Architectural Projection §3200.05: Area Of A Sign §3200.06: Area Identification Sign §3200.07: Attached Sign §3200.08: Awning §3200.09: Detached Sign §3200.10: Background Area §3200.11: Banner Sign §3200.12: Building Face §3200.13: Building Frontage §3200.14: Building Inspector §3200.15: Business Frontage §3200.16: Canopy Or Marquee §3200.17: Changeable Copy Sign §3200.18: Construction Sign §3200.19: Development Project Sign §3200.20: Directional Sign Page 2 of 32 §3200.21: Directly Illuminated Sign §3200.22: Exempt Sign §3200.23: Facelift §3200,24: Face Of Sign §3200,25: Flashing Sign §3200.26: Free Standing Sign §3200.27: Front Footage Of Building Occupancy §3200.28: Height Of Sign §3200,29: Incidental Sign §3200,30: Identification Sign §3200.31: Indirectly Illuminated Sign §3200.32: Individual Letter Sign §3200.33: Modular Sign §3200.34: Moving Sign §3200.35: Mural §3200.36: Nameplate §3200.37. Nonconforming Sign §3200.38: Occupant §3200.39: Off -Site Sign §3200,40: On -Site Sign §3200.41: Parcel Of Property §3200.42: Parapet Or Parapet Wall §3200.43: Planning Director/Community Development Director §3200.44: Political Sign §3200.45: Portable Sign §3200.46: Premise Or Premises §3200.47: Projecting Sign §3200.48: Public Service Information Sign §3200.49: Reader Board §3200.50: Real Estate Or Property Sign §3200.51: Roof Line §3200.52: Roof Sign §3200.53: Rotating Sign §3200.54: Shopping Center §3200.55: Sign §3200.56: Sign, In -Window §3200.57: Sign Program §3200.58. Sign Structure §3200.59: Special Events Sign §3200.60: Street Or Parcel Frontage §3200.61: Structure §3200.62: Temporary Sign §3200.63: Temporary Window Sign §3200.64: Total Aggregate Sign Area §3200.65: Unlawful Sign §3200,66: Wall Sign (Fascia Sign) §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. Page 3 of 32 §3200.01 ABANDONED SIGN "Abandoned sign" shall mean a sign which no longer directs, advertises or identifies a legal business establishment, product or activity, for a period of sixty (60) days or more, on the premises where such sign is displayed. §3200.02 ADVERTISING MESSAGE "Advertising message", "copy" shall mean any written, graphic or pictorial form on a sign describing products or services being offered. §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 or degree of lighting. §3200.04 ARCHITECTURAL PROJECTION "Architectural projection" shall mean a marquee, porch, canopy or other similar projection. §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 enclosed 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 uprights on which such sign is placed. Where a sign has two (2) or more faces, the area of one face and one-half (112) 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 circumscribed 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. §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. §3200.07 ATTACHED SIGN "Attached sign" shall mean 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). §3200.08 AWNING "Awning" shall mean a temporary shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for the supporting framework. §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). §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. 0 Page 4 of 32 L §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. §3200.12 BUILDING FACE "Building face" shall mean all window and wall area of a building in one plane or elevation. §3200.13 BUILDING FRONTAGE "Building frontage" shall mean the linear length of a building facing the public right of way. §3200.14 BUILDING OFFICIAL "Building Official" shall mean the chief building official or his duly authorized representative. §3200.15 BUSINESS FRONTAGE "Business frontage" shall mean that primary frontage within a parcel of land which the user considers his place of business. §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. §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. §3200.18 CONSTRUCTION SIGN "Construction sign" shall mean a temporary sign identifying the persons, firms or business directly connected with a construction project. §3200.19 DEVELOPMENT PROJECT SIGN "Development project sign" shall mean a temporary sign identifying a proposed development project, or one under construction. §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. §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. §3200.22 EXEMPT SIGN "Exempt sign" shall mean a sign exempt from normal permit requirements. §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. Page 5 of 32 §3200.24 FACE OF SIGN (� "Face of sign" shall mean the entire face of a sign on which copy could be placed. I I §3200.26 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. §3200.26 FREE STANDING SIGN "Free standing sign" can also be referred to as "ground sign", "detached sign", "pole sign" and "monument sign" and shall mean a sign erected to a free standing frame or support, mast or pole and not attached to anything. These signs should be designed so that the style of the sign and its base are consistent with the architecture of the buildings on the site. They are typically oriented perpendicular to the adjacent street and sidewalk and have a maximum of two parallel sign faces. §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). §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). §3200.29 INCIDENTAL SIGN "Incidental sign" shall mean an onsite sign of limited size that provides information pertaining to goods, products, services or facilities which are available on the premises, primarily serving informational or directional purposes for the public. . §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. §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. §3200.32 INDIVIDUAL LETTER SIGN "Individual letter sign" shall mean any sign made of self-contained letters that are mounted on the building. §3200.33 MODULAR SIGN "Modular sign" shall mean a sign with more than two (2) faces identifying the same product or use. §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 intermittent pulsations. Page 6 of 32 L §3200.36 MURAL "Mural" shall mean a painting on a wall or ceiling. §3200.36 NAMEPLATE "Nameplate" means a sign which designates the name and address of a person or persons occupying the premises upon which it is located. §3200.37 NONCONFORMING SIGN "Nonconforming 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. §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 share said division of a building. §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. §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. §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. §3200.42 PARAPET OR PARAPET WALL "Parapet or parapet wall" shall mean that portion of a building wall that rises above the roof level. §3200.43 PLANNING/COMMUNITY DEVELOPMENT DIRECTOR "Planning director" shall mean the Community Development Director of the City or his designated representative. §3200.44 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. §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). §3200.46 PREMISE OR PREMISES "Premise or premises" shall mean a parcel of property. Page 7 of 32 §3200.47 PROJECTING SIGN "Projecting sign" shall mean a sign which is attached to and projects from the structure or building face. Appropriate materials include wood and metal with carved or applied lettering, or any other material that is architecturally compatible with the building to which the sign is attached. §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. §3200.49 READER BOARD "Reader board" shall mean any sign which would allow changing of individual letters for different messages. §3200.60 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. §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. §3200.62 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). §3200.53 ROTATING SIGN "Rotating sign" shall mean any sign or portion thereof which physically revolves about an axis. §3200.64 SHOPPING CENTER "Shopping center" shall mean a unified commercial development on a minimum site of two (2) acres occupied by a group of five (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. §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. §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. §3200.67 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. Sign programs create a coordinated set of standards for signs on properties with multiple buildings or tenants and establish uniform sign design elements such as size, color, materials, lighting, and placement Page 8 of 32 L on the property. The purpose of sign programs is to provide for project specific designs and sign accommodations that take into account compatible and appropriate signage which can be reviewed concurrently with the review of building designs and site layout. Sign programs are not intended to provide for additional signage than would otherwise be allowed and may not provide for approval of otherwise prohibited sign types §3200.58 SIGN STRUCTURE "Sign structure" shall mean the supports, uprights, braces and framework of the sign. §3200.69 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. §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). §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 built up or composed or parts joined together in some definite manner. §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. §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. §3200.64 TOTAL AGGREGATE SIGN AREA "Total aggregate sign area" shall mean the combined total display area of each sign located on the premises. §3200.65 UNLAWFUL SIGN "Unlawful sign" shall mean a sign which contravenes this guideline or which a public official may declare unlawful if it does not comply with the City's Design Standards set forth in Section 3228 of this Code 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. §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. Wall signs include most types of signage that are attached to the face of a building wall. These include channel letters made out of wood, metal or plastic. Wall signs may be painted. Wall signs should be oriented to achieve balanced composition and harmony with other architectural elements of a building facade. Wall signs should be placed on a flat building surface and should not be placed over or otherwise obscure architectural building features. Page 9 of 32 ARTICLE 2. PERMITS, FEES, INSPECTIONS, APPROVALS AND INDEMNIFICATIONS SECTION: §3220 Permits Required §3221 Application For Permit §3222 Building, Encroachment, And Electrical Permits §3223 Issuance Of Permits §3224 Signs Exempted From Permit Requirements §3220 PERMITS REQUIRED Except as otherwise provided within these regulations, it shall be unlawful for 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 Official 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. §3221 APPLICATION FOR PERMIT Application for such permits shall be made upon forms provided by the Building Official and shall contain or have attached thereto the following information and material: A. The consent of the owner or person entitled to possession or their authorized representative or the sign user (name, address and telephone number). B. Name, address, telephone number, license number of the sign contractor or sign erector as required by ordinance. C. 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. D. 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. E. Copies of a plan showing: 1. Position of sign or other advertising structure in relation to adjacent buildings or structures. 2. Construction design, size and type of material used. 3. 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. §3222 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 alteration. An electrical permit shall be required for any sign to be served by electricity. An encroachment permit shall be required from the city public works department for any sign located within or projecting into the public right of way. Applications for encroachment permits under this article shall be filed with the public works department accompanied by a plot plan sufficient to show the details of the proposed sign size, height, any Page 10 of 32 other information deemed necessary by the Community Development Director or Public Works Director, and application fees established from time to time by resolution of the city council adopted in accordance with the procedures required by law. The Public Works Director retains the right to revoke any issued encroachment permit for a sign in the right of way determined to be a nuisance or detrimental to the public safety or convenience. §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 therefor 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 sixty (60) days from the date of such permit, or if the work authorized by such permit is suspended or abandoned for a period of one hundred twenty (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 therefor shall be one-half (1/2) 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 specifications 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 on the basis of a material omission or misstatement of fact, or in violation of any provisions of this article. A. 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 material fact or fraud or failure to comply with this ordinance. B. Review: The building inspector may, in writing, deny issuance of a permit when in fact the sign or sign structure in question requires review and opinion for quality construction and design standards. Such review of the application will then be conducted by the building code board of appeals and a decision rendered within fourteen (14) working days after the initial permit application was filed with the city. §3224 SIGNS EXEMPTED FROM PERMIT REQUIREMENTS The following signs do not require a sign permit: A. 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. B. For real estate signs, no single face may exceed six (6) square feet for each single-family home or duplex, and sixteen (16) square feet for multiple -family uses. Signs for commercial uses may not exceed thirty two (32) square feet per face. These signs must be removed when the property is taken off the market. C. One political campaign sign on private property not exceeding four (4) square feet in area or four feet (4') in height. These signs shall be removed within ten (10) days following the elections. Such signs should not be erected prior to eighty-eight (88) days before the election. Property owners and residents are strongly encouraged to comply with this eighty-eight (88) day limit. The City shall post on the portion of its website where the City posts the "voluntary spending limit candidates/committees" list pursuant to section 2081 D7 of this code, a list of Page 11 of 32 candidates and campaign committees who have committed in writing to distributing and posting campaign signs on private property no more than eighty-eight (88) days before the election. D. Names of buildings or dates of erection of buildings when cut in a masonry surface or constructed of bronze or other incombustible material. E. Traffic or other municipal signs, railroad crossing signs, danger and other such emergency signs including wording painted on streets. F. Signs of a directional nature for special events not to exceed twenty four (24) square feet each to be allowed for the duration of the event, but not to exceed fourteen (14) days. G. 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. H. 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. I. Signs showing the location of public telephones, restrooms and underground utility facilities. J. Signs (or decals) advertising credit cards, association memberships or trading stamps not to exceed two (2) square feet for each sign. K. Holiday lights, decorations and displays, provided such lights, decorations and displays are removed within ten (10) days after the holiday. L. 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. M. Street signs and address numbers. N. Downtown parking district signs with business identification. O. Painted Wall Signs or Window Signs that do not require a 'Building', `Electrical' or 'Encroachment' permit and that comply with all requirements of Section 3227 of this Code. P. Signs prohibiting parking on private property in conformance with Section 7389 of this code. Q. Governmental or emergency signage required for public safety. R. Substitution: Subject to the property owner's consent and provided that the sign is otherwise legal without consideration of message content, an existing commercial sign may substitute without review by the Community Development Director should no building permit be required. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. This provision does not create a right to increase the total amount of signage on a parcel, lot, or land use; does not affect the requirement that a sign structure or mounting device be duly permitted; does not allow a change in the physical structure of a sign or its mounting device; and does not allow the substitution of an off -site commercial message in place of an on - site commercial message. Page 12 of 32 S. Signs or advertisements painted or conveyed on pavement as part of a City -recognized event, ARTICLE 3. GENERAL PROVISIONS SECTION: §3225: Regulations §3226: Prohibited Signs §3225 REGULATIONS A. Signs attached under a marquee shall have a vertical clearance of eight feet (8') 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. C. A projecting sign shall have a minimum clearance of eight feet (8') above the existing or future grade of the finished sidewalk, and a minimum clearance of fifteen feet (15') above an area used for vehicular movement. Multiple projecting signs should not be installed within ten feet (10') of each other if on the same property and should be separated from projecting signs on adjacent properties by ten feet (10') to ensure proper visibility. D. 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 visible from a public frontage. Where signs are affixed to or painted on a window, such signs shall not exceed twenty percent (20%) of any window area, and such signs shall be counted as part or all of the permitted sign area except as allowed in Section 3227 of this Chapter. No sign permit shall be required for window signage that complies with this standard and does not require a building permit. Window signs should be scaled to the pedestrian and oriented to window shoppers on the sidewalk. Window signs should be limited to small graphics, business logo, and text. A window sign should not obscure the view into a store or place of business. E. 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 thirty two (32) square feet, and providing that no single face sign exceeds twelve (12) square feet. Sign height for any given sign may not exceed ten feet (10'). Signs will be permitted to remain for a maximum period of one year, but must be removed upon completion of the project. F. Temporary construction, development, subdivision sales, lease and real estate signs are permitted in any commercial or industrial zone, if freestanding. The total aggregate area for all such signs may not exceed sixty four (64) square feet, and no single face sign may exceed thirty two (32) square feet. Sign height for any given freestanding sign may not exceed ten feet (10'). Signs will be permitted to remain for a maximum period of one year but must be removed upon completion of the sale, lease or project. G. Murals on private commercial structures are allowed subject to review and issuance of a mural permit by the Design Review Board. 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 Page 13 of 32 the allowed parcel signage. Mural permits on private structures are not subject to recommendation from the Zoning Administrator, unless a component of a Site Development or Use Permit or requested by the Zoning Administrator. 0 H. Awning signs are allowed subject to review and securing an encroachment permit from the Public Works Department when located within the public right of way. Sign area shall be calculated as defined in section 3200.05 of this chapter. These shall not be considered as projecting signs, but do constitute'Sign Area'. I. Governmental, educational, civic or religious special event signs may be posted up to twenty (20) days prior to the event and taken down at least two (2) days after the event. Signs shall be approved by the Community Development 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. Banners, pennants and balloons (but not other gas filled figures) may be placed on an occupant's property for: 1) a maximum of thirty (30) consecutive days per year to announce the opening of a new business (including new management); and 2) a maximum of fifteen (15) days per year to advertise special activities or promote the business. Such signage shall not pose a hazard to the safe movement of traffic and shall not block permanent identification signs on neighboring properties. L. Signs installed pursuant to a uniform community oriented sign program designed to provide direction, information or recognition to places, events, culture or other distinguishing aspects of the city of Ukiah. The sign program application specifying signage area, type, size, height, location, design, colors, materials and other information to ensure the sign program will enhance the vitality and character of the city of Ukiah shall be reviewed by the design review board and such sign program authorized by the city council. §3226 PROHIBITED SIGNS The City has a compelling interest in prohibiting the following categories of signs to further the findings and purpose of this Chapter. All signs below are specifically identified as prohibited with limited exceptions. Sign types which, in the determination of the Community Development Director, are similar to those listed in this Section but which are not explicitly described in these regulations are also prohibited: A. Attention -Getting Devices: Flashing, rotating, animated, blinking and moving signs, including dynamic digital signage such as video screens, LED displays with frequent image changes, or scrolling text. B. 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, utility poles, posts, fences or other structures are prohibited unless provided for under other provisions of these regulations. C. 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 used in its official capacity and not for the sole purpose of attracting people to a place of business. D. Banner flags, pennants, searchlights, twirling signs, balloons or other gas filled figures placed on an occupant's property or in the public right of way, except as otherwise provided by Page 14 of 32 this chapter. Air -powered inflatable advertising device featuring oscillating, flexible tube -like figures designed to attract attention through constant motion are similarly prohibited. E. Flags other than those of any nation or corporation. Flagpoles shall be located outside of required setback areas and comply with all Airport Compatibility standards. Flagpoles consistent with this Section do not require a sign permit but may require building, electrical or mechanical permits. In residential zoning districts wall -mounted flags which do not project above the roofline are exempt from permit requirements. Temporary flags are similarly prohibited, unless associated with a City -approved event. F. Portable or wheeled signs, except the following: 1. Real estate signs not exceeding six (6) square feet per side placed on the offered property. 2. Temporary portable signs as provided by this chapter. G. Any sign that utilizes visible guywires, angle irons and iron frame structures, unless construction is otherwise impractical, provided that decorative metal frames may be approved by the Director of Community Development when consistent with a historical or architectural style exhibited on the property. H. Signs emitting audible sounds, odor or visible matter, including any interactive fuel dispenser screen that conveys advertisements, video or interactive media. I. 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. J. Signs, which by reason of their site, location, movement, content, coloring or manner of illumination, may be confused with or constructed as a traffic control sign, signal or device, or the light of a road or emergency equipment vehicle. K. Outlining of a building by means of exposed neon tubing, exposed incandescent lighting or other artificial lighting or an equivalent effect is prohibited. L. Signs which are located on or project over the roof of a building or structure. M. Off premises signs shall not be permitted within the city limits, except the following: 1. Real estate "open house" signs not exceeding six (6) square feet placed on private property with permission of the property owner (directional type). Such signs shall be allowed only during hours of open house. 2. Temporary portable signs as provided by this chapter. N. Corner properties with freestanding, projecting, portable and other detached signs from the ground level to eight feet (8') in height shall be prohibited in the area formed by measuring at the property line a distance of thirty feet (30') from the point of intersection of the two (2) streets, and connecting at these lines in triangular fashion, provided that signs within this area may be allowed subject to approval of the public works director and securing an encroachment permit from the public works department when located within the public right of way. 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 Page 15 of 32 the illusion of movement, or which emit audible sound or noise. This includes but is not limited to electronic or digital signs with frequently changing images, video displays, and animated graphics. Electronic Message Centers (EMC Signs) that use Digital Display Signs or other means to present images or messages are also prohibited. This prohibition will not apply where preempted by state law for fuel price signage or other applicable law. P. Signage advertising cannabis, alcohol, or tobacco products or businesses that includes depictions or images of minors or anyone under twenty-one (21) years of age; images that are attractive to children such as cartoons, likeness, characters, or phrases used to advertise to children, logos or images imitating candy packaging or labeling, or use of the terms or such a variant in spelling such terms that is attractive to children. Q. Outdoor advertising displays such as billboards, and all off -site commercial signs that display advertising for a business, commodity, service, facility, or other such matter that is not located, conducted, sold, or offered upon the premises where the sign is located are prohibited within the City of Ukiah. R. Backlit Translucent Awning Signs: Any sign located on an awning that is translucent or semi -transparent and illuminated from a light source under or within the awning. ARTICLE 4. GENERAL SIGN REGULATIONS SECTION: §3227 Permitted Sign Area, Encroachment, Height, Number, Illumination And Movement §3228 Design Standards §3229 Illumination §3227 PERMITTED SIGN AREA, ENCROACHMENT, HEIGHT, NUMBER, ILLUMINATION AND MOVEMENT A. Commercial And Industrial Zones: 1. One and one-half (1 112) square feet of sign area for every ground level linear foot of parcel frontage. No more than two-thirds (2/3) of this allowed signage to be freestanding. 2. On corner lots the maximum allowable number and square footage of on site 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 linear feet in the frontage or five hundred (500) 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 four feet (4'). 5. The provisions of this section do not prohibit in addition to other freestanding signs, one portable sign per parcel, subject to the following: a. Sign area shall not exceed six (6) square feet per side and four feet (4') in height. b. The sign shall be removed during hours that the business is not open to the public. 7 Page 16 of 32 c. In cases where more than one business is located on a parcel, the total number of signs under this section shall not in the aggregate exceed the following: (1) One portable sign per fifty (50) linear feet of street frontage per parcel. When four (4) or more businesses are located on a parcel under one ownership, one portable sign per four (4) businesses shall be permitted. Except, on parcels where there is no setback between the building and the public right of way line and a freestanding or projecting sign is not feasible, one sign per business shall be allowed, not exceeding one sign per fifteen (15) linear feet of street frontage per parcel. (2) The sign(s) allowed by this section shall be placed along the street frontage of the business; or may be oriented to parking areas, pedestrian malls or internal courts on the same parcel. (3) Parcels with no public street frontage other than the accessway (flag lots) shall be allowed one off premises sign, regardless of the number of businesses, placed near the primary entrance to the parcel with either the approval of the owner of the property where the sign is placed or with the issuance of an encroachment permit if located within the public right of way. d. The sign shall at all times present a designed and well maintained appearance. Notwithstanding their temporary nature, such signs shall not be made of cardboard or similar materials which exhibit a makeshift or haphazardly constructed or designed appearance. e. Notwithstanding section 6170 of this code, signs allowed by this section may be placed within the public right of way, provided an encroachment permit has been issued by the public works department and compliance therewith is maintained. In addition: (1) Signs in the public right of way shall be maintained free of appendages or conditions that pose a hazard to pedestrians and vehicles, and ensure visually impaired pedestrians can detect the sign safely. Supporting members should be located within the footprint of the sign to prevent tripping; any projection shall be flat and measure no more than one-half inch (0.5") in height above the sidewalk surface. Dome shaped support bases are prohibited. The sign shall not be secured to trees, hydrants, street signs, or any other infrastructure by any means. The sign shall not be illuminated. (2) Sign placement shall provide for the safe and unobstructed movement of pedestrians and vehicles including adequate sight distance to the satisfaction of the Community Development Director and Public Works Director. The placement of signs shall maintain a minimum five foot (5') wide clear space on any sidewalk or pedestrian path and be coordinated with other elements to provide for the public convenience, reduce hazards, and maintain an uncluttered and unobstructed appearance. Signs shall be situated so that neighboring businesses and all legal signs are visible to pedestrians and motorists. f. Deviations from the provisions of this subsection, excluding the requirement for issuance of an encroachment permit for signs placed in the public right of way, may be allowed pursuant to the approval of a use permit. 6. Parcels under one ownership which contain four (4) or more businesses may erect a freestanding sign in addition to other permitted signs are which: Page 17 of 32 a. Constitutes the single freestanding sign permitted in subsection A5 of this section. 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 feet (30') in height and shall have a minimum clearance of ten feet (10') from the finished grade of the existing or future sidewalk. d. Shall not contain "reader boards". 7. Regardless of any other provisions to this section, no sign attached to a building shall exceed the roof height of the main building on a parcel. Freestanding signs may exceed the roof height of the main building, providing the sign is thirty feet (30') or less and subject to a site development permit. 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. Exposed bulbs may be permitted as a design feature, as part of a Site Development or Use Permit. 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 freestanding main identification signing with area equal to one- fourth (114) square foot for each ground floor foot of total building frontage up to a maximum of two hundred (200) square feet. This signing may be a name, a roster of tenants or a combination thereof. The maximum height of this freestanding sign shall be thirty feet (30'). 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. B. R-3, General Multiple -Family Zone And P, Public Zone: 1. The total permitted sign area is one-fourth (114) square foot for each linear 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. Freestanding signs in the R-3 and P zones shall not exceed four feet (4) in height and shall be either of wood or masonry construction. 5. 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 subsection C1 of this section. 7. Signs in the R-3 and P zones which are attached to buildings shall not exceed the eaves height of the first story of the main building on any parcel. Page 18 of 32 C. R-1, Low Density Residential And R-2, Multiple -Family Residential District: F1. 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 eaves height of the first story of the principal structure on a parcel. 6. Permanent signs with messaging of an educational, religious, charitable or civic nature shall be allowed a total permitted sign area that is one-fourth (114) square foot for each linear foot of the longest property frontage. In no case shall a sign exceed forty (40) square feet in total area. D. Nonconforming Signs: Signs that do not otherwise conform to the requirements of this chapter 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. §3228 DESIGN STANDARDS In addition to meeting all criteria of Section 3227, all signs shall be consistent with the following design principles: A. Architectural Compatibility 1. Signs shall be proportional to the building facade and located within designated sign areas that do not exceed the allowable sign area per Section 3227. 2. Signs shall use materials, colors, and shapes that match or complement the architectural style of the building. 3. Signs shall not obstruct or alter architectural features, such as cornices, columns, or decorative moldings. B. Scale, Proportion, and Placement 1. Signs shall be in scale with the building and sized to fit within architectural sign bands, panels, or other designated areas. 2. Signs shall maintain a minimum clearance from building edges and architectural elements, ensuring visual separation from adjacent structures. 3. The outer perimeter of any sign shall not extend beyond the building feature to which it is attached Page 19 of 32 C. Sign Quality and Installation 1. Signs shall be constructed from durable materials, including wood, metal, or comparable high -quality materials that ensure long-term integrity. 2. Temporary materials such as foam, poster board, flat plastic, or other non- durable materials are prohibited for permanent signage. 3. Plastic, plywood, or pressed board shall not be used as primary materials for permanent signs unless allowed as a temporary sign under Section 3225(k) of this Code. D. Historic Resources and Districts 1. Signs installed on designated historic buildings or within historic districts shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. 2. Sign materials, colors, and mounting methods shall be consistent with the historic character of the structure and surrounding district. 3. Signs shall not obscure or damage historic architectural features. E. Non -Commercial Zones 1. Internally illuminated signs (including channel letters, marquees, or cabinet signs) are prohibited in non-commercial zones. 2. Sign bases, frames, and mounting hardware shall be constructed from materials consistent with the primary building's architectural design. 3. Sign colors and finishes shall be non -reflective to minimize glare and visual disruption in non-commercial areas. §3229 ILLUMINATION All signage shall comply with standards designed to minimize light pollution by controlling the amount, direction, and intensity of artificial lighting to preserve the visibility of the night sky, including the following: A. Lighting for signs shall not create a hazardous glare for pedestrians or vehicles either in a public street or on any private premises. B. Illuminated signs shall be turned off or dimmed in brightness from 10:00 PM to 6:00 AM unless the business operates during those hours. C. The light source, whether internal to the sign or external, shall be shielded from view. This requirement is not intended to preclude the use of diffused exposed neon, LED, or similar features. D. Sign illumination for externally illuminated signs shall utilize focused light fixtures that do not allow light or glare to shine above the horizontal plane of the top of the sign and to limit direct illumination of any object other than the sign or onto any public right-of-way or adjoining property Page 20 of 32 E. Each sign shall be designed so that illumination does not exceed one hundred luxes (ten Ffoot-candles) measured at a distance of ten feet from the sign. 1. If illumination of monument signs is desired, then external illumination or halo lighting is preferred. ARTICLE 6. REMOVAL AND DISPOSITION OF SIGNS; ABANDONED SIGNS SECTION: §3230: Maintenance And Repair §3231: Abandoned Signs §3232: Sign Removal §3230 MAINTENANCE AND REPAIR 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 Section, the Building Inspector may require its removal. §3231 ABANDONED SIGNS A. Except as otherwise provided, any sign which is located on property which becomes vacant and unoccupied for a period of sixty (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 Official 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 (10) days, said sign shall be removed by the Building Inspector in accordance with the provisions of this ordinance. All notices sent by the Building Official 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 Official ordering removal of compliance by filing a written notice of appeal with the Planning Commission within thirty (30) days after the date of mailing the notice, or thirty (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 (4) months or more. B. When it is determined by the Building Official 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 Official 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 Official pursuant to the provisions of this Section shall become 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 expenses incurred by the City in connection with the sign's removal. Page 21 of 32 C. A sign owner or building owner who does not remove an abandoned sign or otherwise correct a violation under this Section within the time frame for notice and, if applicable, appeal, may be subject to fines pursuant to Section 3238 of this Chapter. 0 §3232 SIGN REMOVAL When it is determined by the Building Official that a sign has been damaged beyond fifty percent (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 S. CONSTRUCTION SPECIFICATIONS AND SAFETY SECTION: §3233: Compliance With Building Code §3234: Construction Of Signs §3233 COMPLIANCE WITH BUILDING CODE 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 electrical code and the additional construction standards set forth in this Section. §3234 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 Division that identifies the permit number that was originally issued by the Building Official , 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 identified and appropriately marked. C. 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 interfere with an opening required for ventilation, 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 sidewalks or streets. F. All permanent freestanding 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 thirty (30) pounds per square foot of the total face area of the letters and other sign surface. I Page 22 of 32 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: §3235: Nonconforming Signs §3235 NONCONFORMING SIGNS A. All permanent signs and sign structures which were erected and in existence prior to the effective date of this ordinance or any 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 Chapter 7, Article 8 of this division, and providing further that the sign does not require any additional permits under Chapter 7, Article 3 of this division or removal under Chapter 7, Article 5 of this division. 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 permitted to remain in existence notwithstanding their nonconforming character for a period of thirty (30) 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. All 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 thirty (30) days of the effective date of this ordinance, if unable to demonstrate their nonconforming status with regard to flashing, rotating, animated, blinking and moving signs, including dynamic digital signage such as video screens, LED displays with frequent image changes, or scrolling text. D. All 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 (3) years prior to the effective date of this ordinance. 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: §3236: Responsibility ARTICLE 8. RESPONSIBILITY Page 23 of 32 §3236 RESPONSIBILITY The owner or authorized representative or sign user of the property upon which the sign or advertising structure is located shall be responsible for its proper maintenance and repair. 0 A. All signs shall be subject to an inspection by the Building Official or his authorized representative. B. All signs erected, altered or relocated shall be inspected every two (2) 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. C. The Building Official 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. ARTICLE 9. VARIANCE SECTION: §3237: Sign Variances §3237 SIGN VARIANCES 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 §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 nonconforming 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 variances. The granting of a variance shall require a statement of findings by the Commission noting the facts of the particular sign, not applicable to other signs generally which justify issuance of a variance. ARTICLE 10. PENALTIES AND VIOLATION SECTION: §3238: Penalties For Violation §3238 PENALTIES FOR VIOLATION Any person, firm or corporation failing to comply with any of the provisions of this Chapter shall be guilty of a violation upon notification and failure to remove a prohibited sign or address non- compliance within the period specified by the Community Development Director or their designee. Every such violation is punishable by: a) a fine not exceeding one hundred dollars ($100.00) for a first violation; b) a fine not exceeding two hundred dollars ($200.00) for a second violation within one year; c) a fine not exceeding five hundred dollars ($500.00) for each additional violation within one year. Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of this Chapter is committed, continued or permitted by any such person, and he/she shall be punished accordingly. SECTION: §3237: Graphics ARTICLE 11. ILLUSTRATIONS 1] Page 24 of 32 r L §3237 GRAPHICS The following graphics describe in illustrative form many of the terms, concepts and sign types utilized in this chapter. 1) Area of A Sign: (§3200.05) 2) Attached Sign: (§3200.07) Page 25 of 32 3) Detached Sign: (§3200.09) H 4) Front Footage of Building Occupancy: (§3200.27) EI Page 26 of 32 r 5) Height of Sign: (§3200.28) 6) Projecting Sign: (§3200.47) L 3058 Page 27 of 32 7) Roof Sign: (§3200.51) 8) Street Frontage: (§3200.60) I i El Page 28 of 32 9) Prohibited Signs: (§3226) L Page 29 of 32 10) Prohibited Signs: (§3226) El Page 30 of 32 r ISAVI AVW tF I rt J Y�i 1 Et •4 �,. 11) Corner Lots: (§3227A2) L Page 31 of 32 Introduced by title only on this 21 st day of May, 2025, by the following roll call vote: 0 AYES: Councilmembers Criss, Orozco, Sher, and Mayor Crane. NOES: None, ABSENT: Councilmember Rodin. ABSTAIN: None. Adopted on this 4th day of June, 2025, by the following roll call vote: AYES: Councilmembers Rodin, Criss, Orozco, Sher. and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST; Araceli Sandoval, De uty City Clerk Douglas f. Crane, mayor G F1, Page 32 of 32