Sections:
17.52.010 Purpose.
17.52.020 General sign policies.
17.52.030 Permit requirements and review procedures.
17.52.040 Exempt signs.
17.52.050 Prohibited signs.
17.52.060 Permanent on-site sign requirements.
17.52.070 Temporary on-site sign requirements.
17.52.080 Temporary subdivision signs.
17.52.090 Sign construction, maintenance, and removal requirements.
17.52.100 General sign design requirements.
17.52.110 Special sign requirements.
17.52.120 Nonconforming signs and abandoned signs.
This chapter establishes regulations for signs on private property within the city for the purposes of safeguarding and protecting public health, welfare, and safety through appropriate prohibitions and requirements. The city recognizes that signs and other graphics are an essential element of a community's visual appearance and provide a means to identify and promote businesses, provide useful information to the public, and should not become visual distractions along public roadways. Consequently, the purpose of this chapter is to provide sign regulations for signs on private property that are consistent with the goals and objectives of the city's general plan and the community's visual and aesthetic goals. In addition, these regulations are intended to:
A. Promote an economically stable and visually attractive community;
B. Promote signs and graphics that are attractive, pleasing, and harmonized with the physical character of the environment and surrounding properties, while serving the identifying needs of the business community;
C. Prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message.
D. Promote traffic safety and the smooth and efficient flow of pedestrians and vehicles to their destinations; and
E. Direct persons to various activities and enterprises, in order to provide for maximum public convenience. (Ord. 2010-02 § 1 (part), 2010)
B. Regulatory Interpretations. The requirements of this chapter shall not be interpreted to nullify any easements, covenants, or other private agreements that provide for more restrictive sign regulations than are required by this chapter.
C. Enforcement. The Community Development Director is authorized and directed to enforce the requirements of this chapter. Whenever the application of this chapter is uncertain due to ambiguity of its requirements, the issue shall be referred to the Community Development Director for an interpretation and such interpretation shall be made by the Community Development Director within ten (10) business days according to the requirements of Chapter 17.06 (Interpretation). Any decision made by the Community Development Director may be appealed to the Planning Commission in accordance with Section 17.10.070 (Appeals).
D. Message Neutrality. It is the city's policy and intent to regulate both commercial and noncommercial signs in a viewpoint-neutral and/or content-neutral manner. The message of the sign shall not be reviewed except to the minimum extent necessary to identify the type of sign.
E. Message Substitution. Subject to the property owner's consent, a noncommercial message of any type may be substituted in whole or in part for the message displayed on any sign for which the sign structure or mounting device is authorized pursuant to this code, without consideration of message content. Such substitution of message may be made without any additional approval or permitting. The purpose of this requirement is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. In addition, any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message, provided that the sign structure or mounting device is authorized pursuant to this code, without consideration of message content. This requirement does not create a right to increase the total amount of signage on a parcel, lot, or land; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; and does not allow for the substitution of an off-site commercial message in the place of an on-site commercial or noncommercial message.
F. On-Site/Off-Site Distinction. Within this chapter, the distinction between on-site and off-site signs applies only to commercial messages.
G. General Prohibition. Permanent signs not expressly permitted by this chapter are prohibited. (Ord. 2010-02 § 1 (part), 2010)
A. Permit Required. There are three (3) types of sign permits in the City of Pinole as listed below:
1. Sign Permit. A sign permit is required for all permanent signs (building attached or freestanding) prior to erection, relocation, alteration, or replacement of a sign, unless otherwise exempted by this chapter. The process for application, review, and decision regarding a sign permit is established in Section 17.12.090 (Sign Permit). A sign permit is not required for general maintenance of existing signs or the replacement of the sign face (including message) when the area of the sign is not being changed and a building permit is not required (e.g., the replacement of a sign face on a wall sign). A sign permit is also not required for the establishment of temporary signs; however, such signs shall be consistent with the development standards and time duration limits established in this chapter.
2. Creative Sign Program.
a. A creative sign program provides a mechanism that is available for the benefit of property owners and businesses, yet is not a required permit type. It provides a way for property owners and business to propose and the city to consider special deviations from the regulations for on-site permanent signs provided in this chapter under certain circumstances. The intent of this process is to:
i. Encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
ii. Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs.
b. The process for application, review, and decision of the creative sign program shall be as established in Section 17.12.100 (Creative Sign Program). Upon approval of a creative sign program, a sign permit is required to erect said signs.
3. Sign Program.
a. To ensure compliance with the regulations of this chapter and except as otherwise exempted, a sign program shall be required for all new sites that:
i. Will have permanent signing requirements which exceed either five (5) signs or two hundred (200) square feet total aggregate sign area; or
ii. The site is a multi-tenant shopping center, office park, or other multi-tenant or mixed-use development of three (3) or more separate tenants/uses that share either the same parcel or structure and use common access and parking facilities.
b. The process for application, review, and decision of the sign program shall be as established in Section 17.12.110 (Sign Program). In addition, a sign program is optional for all new sites that
i. Consist of a lot or parcel, or a series of lots or parcels combined, which front on two (2) or more publicly dedicated street rights-of-way;
ii. Consist of five (5) or more separate business activities; or
iii. Consist of a lot or parcel, or a series of lots or parcels combined, to total a minimum of two (2) acres.
B. Application Procedures. An application for a sign permit, creative sign program, or sign program shall be made on the application materials as provided by the Community Development Director. The application shall be accompanied by any fees as specified by City Council resolution. Further, the application contents, processing, and review procedures for each type of application shall be as specified in Section 17.12.090 (Sign Permit), Section 17.12.100 (Creative Sign Program), or Section 17.12.110 (Sign Program).
C. Variances. Applications for a variance from the terms of this title shall be reviewed by the Planning Commission according to the variance procedures set forth in Section 17.12.130 (Variance).
D. Appeals. Decisions of the Community Development Director or Planning Commission may be appealed as specified in Section 17.10.070 (Appeals). (Ord. 2010-02 § 1 (part), 2010)
A. The city has a compelling interest in allowing signs in order to comply with state and local laws, promote public safety, protect life and private property, promote the identification of property, guide emergency response personnel, and permit minor changes to make sign maintenance a less onerous burden on property owners; therefore, the following sign types are expressly exempted from the entitlement requirements of this chapter and Zoning Code but still must satisfy any and all other applicable city permit requirements when necessary (e.g., building, electrical, plumbing, grading, encroachment).
B. To qualify for any of the exemptions listed below, strict compliance with the exemption as established in this section is required.
1. Exempt Signs without Limitations. The following signs are exempt from sign permit and city review requirements but must comply with all other requirements of this chapter unless specifically noted otherwise:
a. All devices which are excluded from the city's definition of a “sign.”
b. Signs required by law.
c. Noncommercial utility company signs identifying underground facilities, cables, conduits, and dangerous situations.
d. Street address number signs on buildings and building identification signs consistent with the city-adopted Building Code/Fire Code or other relevant requirements of the City Municipal Code. Notwithstanding anything in this section, street address signs may be illuminated and may contain reflective paint or materials.
e. Barber pole, attached or freestanding, when previously approved by the city as to size, location, and design.
f. Change of copy that does not alter the size, location, or illumination of a sign.
2. Exempt Signs with Limitations. The following signs are exempt from sign permits and city review requirements but must comply with all other requirements of this chapter (unless specifically noted otherwise) and the requirements as listed below:
a. Flags provided they meet the following requirements:
i. No flag may be placed within the clear vision triangle;
ii. The pole may be a maximum of twenty-five (25) feet tall when all on-site buildings are less than twenty-five (25) feet tall; and
iii. Standards listed in Table 17.52.040-1 (Standards for Flags).
Site | Maximum Number of Poles | Maximum Height | Maximum Number of Flags | Maximum Area of All Flags | Image Types | Illumination | Minimum Setback from ROW (1) |
Commercial, Office, and Industrial Zoning Districts | 2 | Tallest building (2) | Not limited | 24 sq. ft. | Commercial and non-commercial | (1), (2) | (3) |
Residential | 1 | 20 ft. | Not limited | 15 sq. ft. | Non-commercial | (2) | 10 ft. |
All other properties | 2 | 20 ft. | Not limited | 15 sq. ft. | Non-commercial | (2) | 10 ft. |
Notes:
(1) Illumination of commercial flags not allowed
(2) Non-commercial flags may be illuminated only in times of officially declared or commemorated emergency, mourning, or memorial, or as otherwise required by state or federal law.
(3) Pole must be setback from right-of-way a distance equal to that of the pole height. Minimum setback is ten (10) feet.
b. Signs on property undergoing construction or remodeling not exceeding twenty-four (24) square feet each in area and limited to one (1) sign for each street frontage. Such signs may not be illuminated. Such signs shall be removed at the earliest of the following events: final building inspection approval, issuance of a valid certificate of occupancy, or opening for business to the public.
c. Signs on property for sale, lease or rental not exceeding twelve (12) square feet or twelve (12) square feet per acre of land, whichever is greater, not to exceed forty (40) square feet for all signs. Additionally, a maximum of three (3) attached rider signs are permitted. All such signs shall be removed within fifteen (15) days from the sale, lease or rental of the property. Such signs may not be illuminated. Additionally, windows on property for sale, lease, or rental may be papered over to screen construction; this screening shall not count toward the sign area limitation.
d. Signs on property where there is a one (1)-day garage, yard, estate, or other one (1)-day home-based sale taking place. Such signs may be posted for no more than twenty-four (24) hours and must be removed at the end of the one (1) -day sale. A maximum of four (4) signs, each a maximum of four (4) square feet, are allowed.
e. Exterior identification signs erected on or immediately adjacent to an entrance, exit, restroom, office door, telephone or similar property feature provided that the sign does not exceed thirty (30) inches in height and four (4) square feet in size for each sign (which typically contains information such as “no parking,” “entrance,” “service entrance,” “restrooms,” “manager,” and “exit”) so long as the number of exempt exterior signs does not exceed two (2) per parcel for each street frontage.
f. Noncommercial signs consistent with the following requirements:
i. Noncommercial signs on all private property except residential property, not exceeding sixteen (16) square feet in area and not exceeding ten (10) feet in height from finish grade.
ii. Noncommercial signs on residential property, not exceeding thirty-two (32) square feet in area, provided that they are set back at least five (5) feet from the public right-of-way and do not project over the roofline of any structure.
iii. Noncommercial signs on residential property, limited to one (1) for each dwelling unit or rentable room on the property, that are no more than one-half (1/2) square foot in area and which are attached to and parallel with the building. The maximum sign area for such signage shall be twelve (12) square feet.
g. Signs on commercial property where there is a promotion or a discount in price for merchandise. Such signs only may be displayed for the duration of the specific sale or promotion, or thirty days, whichever is shorter, provided such signs are located on or immediately next to the merchandise on sale. The aggregate area of such signs visible from a public right-of-way or other premises shall not exceed thirty-two (32) square feet in area.
h. Murals are allowed on facades of buildings other than the side with the main entrance. The mural may encompass the entire surface area of the wall but shall not project onto the roof.
i. Tablets and plaques, installed by the city or a historical organization, including names of buildings and date of erection, and not exceeding four (4) square feet.
j. One (1) board sign for each drive-in or drive-through aisle, provided that the sign does not exceed a maximum of forty (40) square feet in sign area and that the sign be limited in height to eight (8) feet. The board sign does not count toward the total allowed signage for the establishment as described in Table 17.52.060-1 (Allowed Permanent On-Site Sign Standards). (Ord. 2010-02 § 1 (part), 2010)
The signs listed in this section are inconsistent with the purposes and requirements of this chapter as described below and as such are prohibited in all zoning districts, unless specifically authorized by another requirement of this chapter.
A. Any sign not specifically in accordance with the requirements of this chapter.
B. Roof signs or signs placed above the roof line (except for mansard roofs).
C. Animated signs or flashing signs.
D. Pennants, banners; balloons; pinwheels; signs that utilize two (2) or more light bulbs in a wire string; paraphernalia composed of paper unless displayed inside a window; or signs displayed outdoors that are composed of paper or other lightweight material that could not be securely anchored, would easily degrade, or could not withstand limited exposure to the elements (e.g., a paper sign whose writing would become illegible if exposed to water, or a cardboard sign taped to a building exterior that could easily blow away).
E. Signs which are mobile, rotate, or move.
F. Signs placed on the public right-of-way or affixed to an element or structure on the public right-of-way, or located on a publicly owned tree, fence, or utility pole or otherwise posted on public property, except where required by a governmental agency or permitted as part of a sign program, or as provided in Chapter 17.54 (Signs on City Property); and signs on private property affixed to a fence (except as provided in Section 17.52.060 (Permanent On-Site Sign Requirements), or signs affixed to a tree, shrub, rock, or other natural object on private property, except where required by a governmental agency or permitted as part of a sign program.
G. A-frame signs.
H. Inflatable balloon signs, including, but not limited to, individual balloons, balloon strings, and other inflatable objects made of a flexible material and inflated so as to be lighter than air, except as provided in Section 17.52.070 (Temporary On-Site Sign Requirements).
I. Painted signs, such as signs painted upon a fence, excluding murals as exempted pursuant to Section 17.52.040 (Exempt Signs).
K. Signs affixed to vehicles or trailers that advertise or promote a business. This prohibition does not apply to signs permanently affixed to the side of a business or commercial vehicle or to signs required by state or federal law (e.g., contractor's license number) as exempted in the definition of a sign.
L. Signs attached to light standards unless part of a sign program or street banner program.
M. Signs affixed to a structure or property not owned by the person installing the signs without the written consent of an owner.
N. Signs that are dilapidated, abandoned, or in disrepair or dangerous condition. (Ord. 2010-02 § 1 (part), 2010)
Table 17.52.060-1 (Allowed Permanent On-Site Sign Standards) lists the development standards for all permanent on-site signs based on use type and zoning district, as well as allowed sign type. Table 17.52.060-2 (Allowed Permanent On-Site Sign Area) lists the allowed areas for all sign types. As identified in Sections 17.12.090 (Sign Permit), 17.12.100 (Creative Sign Program), and 17.12.110 (Sign Program), a sign permit is required before any of the sign types listed herein are installed, erected, or otherwise established. Only those signs that may be permitted are listed. The following general requirements apply to permanent on-site signs:
A. Minimal Illumination. Where illumination of a sign is allowed under this title, such illumination may be achieved by any method that minimizes glare onto neighboring or abutting property, such as from behind the sign (e.g., light source behind the face of the sign, such as with the opaque, non-transparent face of channel letters; silhouette halo illumination behind letters) or by a low-level spotlight. In the case of electronic message signs, this standard is not applicable and, in such instances, the illumination level shall be such that the intensity of the illumination is appropriate based upon the level of lighting of the surrounding environment (e.g., illumination by the sun or moon during day, dusk, night time, and dawn) through the use of such means as light meters and programmed illumination regulation or LEDs that are designed to limit the spread of light.
B. Sign Area Allowance. Generally, there is a maximum allowed sign area for each type of sign. In some instances, there is also a maximum combined sign area for all signs in that type of development. Where this is the case, the collective maximum allowed sign area is determined based upon the overall gross square footage of the individual establishment as described in Table 17.52.060-2 (Allowed Permanent On-Site Sign Standards).
Sign Type (1) |
Maximum Number Permitted | Maximum Area, Individually | Maximum Area, Total | Maximum Height | Minimum Setback from ROW (2) | Illumination Allowed | |
Sign Type (1) |
Maximum Number Permitted | Maximum Area, Individually | Maximum Area, Total | Maximum Height | Minimum Setback from ROW (2) | Illumination Allowed | |
Permanent Subdivision Identification Signs | |||||||
Freestanding sign, project identification | Monument or on fence/wall not in ROW | 2/entrance | 24 sq. ft. | n/a | 6 sq. ft. | 5 ft. | Yes |
Multiple-family Residential Signs | |||||||
Freestanding sign, project identification | 1/entrance | 25 sq. ft. | n/a | 8 ft. | 10 ft. | Yes | |
Nonresidential Signs | |||||||
Freestanding Signs | Monument sign | 1/frontage | 100 sq. ft. | 6 ft. | 10 ft. | Yes | |
Pylon sign(3) | 1/frontage | 200 sq. ft. | 35 ft. (4) | 15 ft. | Yes | ||
Pole Sign (5) | 1/frontage | 60 sq. ft. | 25 ft. | 10 ft. | Yes | ||
Building Attached Signs | Wall sign (6) | No Maximum | None | Roofline(7) | - | Yes | |
Window sign (8) | None | - | No | ||||
Notes:
(1) All monuments, mechanical sculptures, sculptures, service club signs, and any other unique sign type not allowed through these requirements shall only be allowed pursuant to approval of a creative sign program.
(2) Must be located outside the clear vision triangle.
(3) Freestanding pylon signs shall only be permitted as part of a sign program or creative sign program.
(4) Applications for pylon signs along Highway Eighty (80) may be approved up to a maximum height of seventy-five (75) feet with a maximum sign area of seven hundred and fifty (750) square feet as part of a creative sign program (CSP), uniform sign program (USP), or application.
(5) A pole sign shall only be permitted when the Community Development Director determines that otherwise permissible freestanding monument or pylon sign would not be sufficiently visible due to obstructions or where there is no space in which to place the sign between the sidewalk and building.
(6) No individual wall sign shall exceed twenty-five percent (25%) of the building frontage; further, no individual projecting sign shall exceed thirty (30) square feet of area per side.
(7) In the case of a mansard roof, the sign may be incorporated in the roof if such sign is an integral part of the design of the building.
(8) Window signs may not occupy more than twenty percent (20%) of the individual window area. The void rule shall apply when calculating the area of the window sign when it is stenciled on the window pane, as established in Subsection 17.52.090.E (Determination and Measurement of Sign Area).
TOTAL AREA OF ESTABLISHMENT | MAXIMUM TOTAL SIGN AREA PERMITTED (1) |
0 - 2,500 sq. ft. | 200 sq. ft. |
2,501 - 5,000 sq. ft. | 250 sq. ft. |
5,001 - 7,500 sq. ft. | 300 sq. ft. |
7,501 - 10,000 sq. ft. | 400 sq. ft. |
10,001 - 30,000 sq. ft. | 450 sq. ft. |
30,001 and over | 500 sq. ft. |
Notes:
(1) Establishments with more than one (1) frontage may have an additional 20% of total sign area in addition to the amount provided here. (Ord. 2010-02 § 1 (part), 2010)
Loading...