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(A) Intent and objectives. The purpose of this article is to protect and promote the public health, safety, and general welfare of the city and to achieve the following objectives:
(1) To carry out the goals of the General Plan of the city;
(2) To promote strong commercial and industrial centers and maintain property values therein by the effective communication of the nature of the goods and services and the avoidance of wasteful and unsightly competition in signing;
(3) To protect and enhance the character of residential neighborhoods, open view and vistas therefrom, and property values therein, by avoiding obtrusive and incompatible signs, and by promoting proper transitions with nonresidential areas; and
(4) To improve the visual appearance of streets and the image of the city.
(B) Illustrations. Illustrations relating to signs are on file in the office of the City Planner for reference only and shall not be deemed to define, modify, or construe any part of the text this article.
(Ord. 918-C-S, passed 5-28-96)
The provisions of this article shall be supplemental to the Sign Code of the city, as set forth in Chapter 6 of Title 8 of this Code, and to other provisions of this chapter relating to signs, and any term not defined in this article shall have the same definition and meaning as set forth in Chapter 6 of Title 8 of this Code or in this chapter.
(Ord. 918-C-S, passed 5-28-96)
(A) Conformance requirements. Except as otherwise provided in Chapter 6 of Title 8 of this Code, no person shall place or erect any sign regulated by the provisions of this article unless he first obtains a permit as required by the provisions of Chapter 6 of Title 8 of this Code and unless such sign conforms to the provisions of said Chapter 6 and of this article.
(B) Minimum clearance. Notwithstanding any other provision of this article, no sign shall be constructed, erected, installed, maintained, or repaired in any manner which conflicts with any rule, regulation, or order of the Public Utilities Commission of the state which relates thereto.
(Ord. 918-C-S, passed 5-28-96)
For the purposes of this article, certain terms and words are classified and defined as follows:
(A) Classification by sign content. The following terms, words, and definitions comprise a comprehensive listing of signs differentiated by content. Any sign which is not expressly listed shall be considered to be included within the definition (with the most similar characteristics) which describes its content:
(1)
ACCESSORY SIGN. A sign which, separately from a business identification sign, announces or advertises a product, commodity, or service incidentally offered or provided on the premises. ACCESSORY SIGN shall also include a sign announcing or advertising a rating or special status of the business conducted upon the premises.
(2)
ADVERTISING SIGN. A sign which directs attention to a business, profession, commodity, service, or entertainment which is conducted, sold, or offered at a location other than on the same lot or parcel upon which the sign is located.
(3)
BUSINESS IDENTIFICATION SIGN. A sign which identifies, announces, endorses, or provides directions or other necessary information about the principal business, industry, profession, product, service, or entertainment conducted or offered upon the lot or parcel where the sign is located.
(4)
CIVIC SIGN. A sign which identifies or states the location of, describes the services available or performed upon, describes the function of and the activities conducted upon, or states the conditions or uses of premises or facilities used, maintained, or owned by a governmental entity, educational institution, society or association, religious society or association, church, recreation society or association, medical institution, group or society, or public utility.
(5)
DEVELOPMENT SIGN. A sign of a temporary nature which announces the anticipated sale, lease, or rental or the character of facilities being constructed or altered or which identifies persons or firms engaged in the promotion, design, construction, or alteration thereof.
(6)
DIRECTIONAL SIGN. A sign which directs, facilitates, or controls the movement of pedestrians or vehicles. DIRECTIONAL SIGN shall also include a sign which identifies by name or symbol the entrance to some form of development complex.
(7)
POLITICAL SIGN. A sign which is designed to influence the action of the voters for the passage or defeat of a measure appearing on the ballot at any national, state, or local election or which is designed to influence the action of the voters for the election or defeat of a candidate for nomination or election to any public office at any national, state, or local election.
(8)
REALTY SIGN. A sign of a temporary nature which pertains to the sale, lease, rental, or display of an existing lot, building, or other property.
(9)
RESIDENTIAL SIGN. A sign on a lot or parcel showing the name or address of the residential facility or structure located thereon and/or the name of the residents residing there.
(B) Classification by physical type. The following terms, words, and definitions comprise a comprehensive listing of signs differentiated by physical type or means of support. Any sign which is not expressly listed shall be considered to be included within the definition (with the most similar characteristics) which describes the physical type:
(1)
AWNING SIGN. Any sign attached to or painted on an awning. AWNING shall mean a rigid or movable shelter supported entirely from the exterior wall of a building and of a type which may be retracted or folded against the face of the supporting building.
(2)
BANNER or PENNANT SIGN. Any display of three signs or less which are painted or printed on lightweight flexible material and hung from a staff or other device by ropes, wires, or similar means.
(3)
FREESTANDING SIGN. Any sign standing directly on the ground or attached to any support other than a building, whether or not the principal purpose of such support is to display the sign, or any sign affixed to a freestanding canopy when such canopy has a roof area of less than 200 square feet.
(4)
GROUND SIGN. Any freestanding sign with a maximum height of eight feet.
(5)
PROJECTING SIGN. Any sign, other than a wall, roof, or marquee sign, which is supported by a building and projects outward therefrom or which is attached to the top, except for the edge, of a marquee.
(6)
ROOF SIGN. Any sign, other than a wall or projecting sign, which stands directly on the roof of a building, or the parapet wall of a building, or on a freestanding canopy or similar structure with a roof area of 200 square feet or more.
(7)
THEATER MARQUEE SIGN. An on-site sign attached to a canopy, porch, or similar covering structure, other than an awning, which projects more than 18 inches from the building to which it is attached and the purpose of which is to advertise or promote a theater use.
(8)
WALL SIGN. Any sign posted or painted on, suspended from, or otherwise affixed in an essentially flat position to the wall of a building or the wall of a pylon, tower, or similar structure which may project above the roof of the building but which is structurally and architecturally a part of such building.
(9)
WIND SIGN. A display of more than three streamers, pennants, whirligigs, or similar devices made of flexible lightweight material, strung together or attached in such a manner as to move by wind pressure.
(10) WINDOW SIGN. Any sign which is posted or painted on or otherwise affixed to a display window or any sign placed within four feet of a window and which is visible through a display window. Window signs of up to four square feet shall be allowed for store hours and identification purposes without deducting from the square footage allowed for the use by the provisions of this article. Any window sign in excess of four square feet shall be considered in the calculation to derive the overall square footage of signs.
(C) Classification by characteristics. The following terms, words, and definitions are a noncomprehensive listing of sign characteristics pertaining to duration, operation, and design:
(1)
FIXED ILLUMINATION SIGN. Any sign illuminated by means of electricity, luminous tubes, gas flames, or similar sources when such illumination is maintained constant in intensity, color, and pattern during all periods of illumination.
(2)
FLASHING ILLUMINATION SIGN. Any sign illuminated by means of electricity, luminous tubes, gas flames, or similar sources when such illumination is not maintained constant in intensity, color, and pattern during all periods of illumination.
(3)
MOVING SIGN. Any sign in or on which any visible portion rotates or moves in any way.
(4)
TEMPORARY SALE SIGN. Any sign, other than a realty development sign, which announces a special sale or offering of a commodity or service produced or rendered on the premises where the sign is located and where such sale, commodity, or service is of a limited duration and the sign itself is removed at the end of such sale or offering.
(D) Other definitions. As used in this article, the following terms shall have the meanings and definitions set forth:
(1)
DISPLAY AREA.
(a) For wall, marquee, and awning signs, the “display area” is the area of the smallest geometric figure enclosing the outer limits of the writing, representation, emblem, or similar form of communication.
(b) For freestanding, roof, projecting, and banner or pennant signs, the “display area” is the entire sign, exclusive of uprights or other structural members, except that where a freestanding, roof, or projecting sign has two faces back-to-back which are approximately in parallel planes not more than 30 inches apart and exactly identical in size, the “display area” is the area of one face only. Where such signs have multiple sides or faces, including signs in the form of cylinders, spheres, or other types of three-dimensional figures, the entire surface is the “display area.”
(2)
DOWNTOWN DISTRICT. The area in the city bounded on the north by the San Joaquin River (including the waterfront); on the east by E Street; on the south by Fourth Street; and on the west by J Street.
(3)
PARCEL. All contiguous land held in one ownership or under one management as indicated in the records of the County Assessor, except that if such land is divided by an existing or proposed public right-of-way, each division shall be a separate parcel.
(4)
SHOPPING CENTER. Five or more stores on a plot of ground at least 30,000 square feet in area with integrated off-street parking which meets the parking standards.
(5)
SIGN. In addition to the other definitions contained in this article, SIGN shall mean any writing, pictorial representation, symbol, registered trademark, flag, or any similar figure used to identify, announce, direct attention, advertise, or communicate, together with any material or color forming an integral part of the display or used to differentiate the sign from the background, which sign is located on or outside a building, is on the inside face of a display window, or is located within four feet of a display window and is visible from outside a building.
(6)
STREET FRONTAGE.
(a) The portion of a property line separating a lot or parcel from a permanently reserved thoroughfare, which frontage affords the principal means of egress and ingress, including side streets, but not including alleys.
(b) A lot or parcel shall be considered to have two or more street frontages if the property line abuts two or more separately designated, permanently reserved thoroughfares which afford the principal means of egress and ingress, including side streets, but not including alleys.
(Ord. 918-C-S, passed 5-28-96)
(A) Permitted continuance. Nonconforming signs lawfully existing on July 26, 1973, may be maintained without being made to comply with the requirements of this article, except as otherwise provided in this article.
(B) Conformance. All paper, cloth, or other temporary type signs on fences and buildings (including A-frames) shall be removed on or before August 25, 1973. Any other nonconforming sign associated with an existing business shall be brought into conformity with the provisions of this chapter immediately in any of the following instances:
(1) For a change in the type of business;
(2) For any change in signing; or
(3) In any case where the damage to an existing sign exceeds 75% of its replacement value. Ordinary maintenance and repairs may be made to an existing nonconforming sign provided such work does not exceed 15% of the replacement cost of the sign in any one-year period.
(Ord. 918-C-S, passed 5-28-96)
(A) Any sign, including its supporting structure, which, for a period of six months, does not identify the current occupant or products currently sold, or which otherwise fails to serve its original purpose, shall be deemed a public nuisance and be removed by the owner of the property upon 30 days' written notice by the Department of Development Services.
(B) Any sign which, in the opinion of the Department of Development Services, is unsafe or insecure shall be deemed a nuisance and shall be corrected or removed, together with any supporting structure, by the owner of the property upon which the sign is located within 30 days after notice in writing by the Department of Development Services.
(Ord. 918-C-S, passed 5-28-96)
Signs, billboards, and advertising structures may be erected and maintained in the districts where such uses are permitted after having secured approval of the location, size, and design of such sign, billboard, or advertising structure, subject to the following conditions:
(A) Roof signs.
(1) The maximum height of a roof sign shall not exceed six feet above the finished roof line. In no event shall it exceed the height permitted in the district.
(2) The length of a roof sign shall not exceed one-third of the width of the building parallel to the sign nor one-fourth of the diagonal of the two sides of the building for nonparallel signs. Signs placed diagonally on a building may have a length equal to one-fourth of the diagonal. (Diagonal signs shall have a minimum angle of 30 degrees.)
(3) All roof signs and sign supports shall be constructed of fireproof materials in accordance with the standards of the Uniform Building Code.
(4) The supporting members of a roof sign shall appear to be an integral and architectural part of the building and any bracing, if required, shall be minimized.
(B) Freestanding signs.
(1) Number.
(a) Freestanding signs shall only be permitted on parcels having at least 150 lineal feet of street frontage and a minimum building setback of 20 feet on the same street.
(b) A shopping center may be allowed one freestanding sign only.
(2) Height.
(a) The maximum height shall be 25 feet, except as permitted for freeway-oriented signs as set forth in division (C) of this section.
(b) For every five feet of sign setback, one additional foot in height shall be permitted, to a maximum of 35 feet.
(3) Landscaping. The base or ground area upon which a freestanding sign is erected shall be landscaped and contain an area of at least 100 square feet.
(C) Freeway-oriented signs.
(1) No roof or freestanding sign may be constructed, placed, designed, or used for freeway exposure, except to designate the name of the owner or occupant of the premises upon which it is located or to identify such premises. A sign with no minimum footage requirement may be erected to be viewed primarily by persons traveling on such freeway when such sign is within 300 feet of any existing or adopted freeway right-of-way. However, the sign shall comply with the provisions of division (B)(1)(a) of this section. The maximum height shall be 25 feet.
(2) In no event shall elevated freeway signs exceed a height of more than 25 feet above the freeway grade, measured at such freeway center line, or a maximum height of 45 feet from ground level, whichever is less.
(D) Signs projecting over public property. Signs projecting over public property shall be permitted only in the Downtown District and shall be in accordance with the following:
(1) Only 25% of the allowable sign area may be used.
(2) The height shall be at least eight feet and not more than 12 feet above a sidewalk.
(3) The sign shall not project more than three feet over a sidewalk area nor have an area in excess of six square feet.
(4) Identification signs may be painted on the sides or face of an awning.
(5) Identification signs consisting of painted or cutout letters may be attached to the sides or face of a marquee.
(6) The area of any sign permitted by this division (D) shall be counted against the allowable sign area for the use to which it pertains.
(7) All signs projecting over public rights-of-way shall be subject to approval by the Design Review Board as to design, degree of projection, and such other matters as the Board deems pertinent.
(E) Illumination. No illuminated sign shall be permitted in the R-1, R-2, R-3, R-4, or P-D Districts, except house identification or church bulletin boards and one indirectly illuminated sign for an apartment, church, or mobile home park if street frontage requirements are met.
(F) Obstructions.
(1) Signs shall not obstruct or prevent free ingress or egress from fire escapes, doors, or windows required by the Uniform Building Code.
(2) No sign shall be attached to a standpipe, gutter, drain, or fire escape.
(3) No sign regulated by the provisions of this article shall be erected at any location where such sign will obstruct the view of, or conflict with, an authorized traffic sign, signal, or device, nor shall a sign obstruct the view of traffic.
(G) Proximity to power and telephone lines. No part of any sign shall be erected or maintained nearer to an existing or proposed power or telephone line than is permitted by the rules and regulations of the Public Utilities Commission of the state.
(H) Flashing signs. Flashing, scintillating, and similar signs may be erected only in the Downtown District and then only with the approval of the Design Review Board as to design, color, degree of flashing, and the like.
(1) Applications for flashing signs shall be submitted to the Department of Development Services, accompanied by colored drawings to scale adequate to reflect the operating details of the proposed sign.
(2) The Design Review Board shall review the application at its next regularly scheduled meeting and may approve, deny, or conditionally approve the application.
(3) Any person aggrieved by the decision of the Design Review Board may appeal in writing to the Commission, and the appeal shall be heard at the next scheduled Commission meeting.
(I) Rotating signs. Rotating signs shall be limited to a maximum of eight revolutions per minute and to the trademark or the trade name of a business conducted on the premises and shall be subject to review by the Design Review Board.
(J) Time and temperature signs. Signs constructed for the purpose of providing a public service by indicating the time and/or temperature shall be subject to review by the Design Review Board.
(K) Banners and advertising devices. Temporary advertising signs, banners, flags, and advertising devices other than balloons may be placed at a site for a maximum of ten consecutive days per calendar quarter with an administrative permit issued by the city. Advertising balloons may be permitted at automobile dealerships for a maximum of ten days per calendar quarter with an administrative permit issued by the city. Additionally, nonprofit and public agencies may also utilize advertising balloons with an administrative permit issued by the city. The use of banners and flags at automobile dealerships may be allowed without any time restrictions subject to an administrative permit. “Automobile dealer” as used in this section shall mean a vehicular sales establishment consisting of at least two acres.
(L) Prohibited signs. The following signs shall be prohibited, except where otherwise permitted by the provisions of this article:
(1) Off-site signs, except as provided by this article;
(2) On-site signs, either temporary or permanent, where placed within, upon, or over any public street right-of-way, parking area, sidewalk, required landscaping or utility pole;
(3) No person shall park any vehicle within a public right-of-way or in a location on private property which is visible from a public thoroughfare which vehicle has attached thereto or suspended therefrom any commercial advertising sign, except a sign painted directly upon or permanently affixed to the body or other integral part of the vehicle for permanent decoration, identification, or display. The provisions of this division shall not apply to “bumper sticker” type signs, nor to “for sale” signs applicable only to the vehicle upon which the sign is located;
(4) Signs on public property, except as otherwise provided in this article; and
(5) Signs erected on private property without the permission of the owner of the property or his authorized agent.
(M) Exempt signs. Signs required by law shall be exempt from the provisions of this article.
(Ord. 918-C-S, passed 5-28-96)
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