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HomeMy WebLinkAbout1324ORDINANCE NO. 1324 (1997 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE SIGN REGULATIONS, CHAPTER 15.40 OF THE MUNICIPAL CODE (TA 31 -95) WHEREAS, the Architectural Review Commission conducted a public hearing on January 219 1997 and recommended approval of the Exhibit A update to the City's Sign Regulations; and WHEREAS, the City Council conducted a public hearing on May 20, 1997 and has considered testimony of other interested parties, the records of the Architectural Review Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed provisions are consistent with and in certain cases implement newly adopted policies of the General Plan and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact (ER 31 -95) as prepared by staff and reviewed by the Architectural Review Commission; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed text amendment to the sign regulations, and reflects the independent judgement of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. Action. Chapter 15.40 of the Municipal Code is hereby repealed, and a new Chapter 15.40 is hereby added to the Municipal Code as follows: Article I. General Provisions 15.40.010 Title. This chapter shall be known and cited as the "Sign Regulations of the City." 15.40.020 Purpose. These regulations are intended to: A. Protect and enhance the character and natural beauty of the community and its various neighborhoods and districts against visual blight; B. Protect those uses which are adequately and appropriately identified from too many and too large signs in their environs; p l %24 Ordinance No. 1324 (1997 Series) Page 2 C. Protect commercial districts from sign clutter; D. Protect residential districts from light and glare caused by commercial signs; E. Protect the public's ability to identify uses and premises without confusion; F. Eliminate unnecessary distractions which may jeopardize pedestrian or vehicular traffic safety; G. Assure the maintenance of signs; H. Implement the community goals and policies expressed in the general plan; I. Encourage energy conservation in sign design; J. Ensure that signs are used primarily as identification rather than advertisement; K. Ensure that the location, size and design of signs is visually compatible with the architecture of affected structures and the character of surrounding development; L. Maintain and enhance the quality of the City's appearance by limiting off - premises signs to avoid clutter and by subjecting certain signs to architectural review; and M. Regulate the number and size of signs according to standards consistent with the types of establishments in each zoning district. 15.40.030 Scope. It is unlawful for any person, firm, or corporation that owns, occupies, or controls property in the City of San Luis Obispo to construct, maintain, display or alter or cause to be constructed, main- tained, displayed or altered, a sign within the City except in conformance with this chapter. Article H. Exempt Signs 15.40.040 Exempt signs. The following signs shall be allowed without a sign permit and shall not be included in the determination of type, number, or area of signs allowed in each zone district: (Under certain circumstances temporary signs and other exempt signs may require a construction or encroachment permit. Check with the Building Division of the Community Development Department and the Public Works Department.) A. Bulletin boards - Not over 24 square feet in area and 6 feet in height, for public, charitable, or religious institutions; Ordinance No. 1324 (1997 Series) Page 3 B. Construction/Subdivision signs - Tempo-mry signs not exceeding 16 square feet in aggregate used to indicate owner, builder, architect, and pertinent data regarding building construction on the site during construction only. For commercial and residential projects on sites 3 acres or larger, the maximum exempt sign area is 32 square feet; C. Government - required signs - Official federal, state or local government traffic, directional, and information signs and notices issued by any court, person or officer in performance of a public duty, or any other sign that is required to be posted by any government agency; D. Hazard signs - Temporary signs warning of construction, excavation, or similar hazards so long as the hazard exists; E. Historic building signs and plaques; F. Miscellaneous information signs - in non - residential zones, with an aggregate area not to exceed 3 square feet at each public entrance, nor 10 square feet total, indicating address, hours and days of operation, whether a business is open or closed, credit information, emergency ad- dress and telephone numbers, and informing the public of available goods or services; G. "No trespassing" signs - Each not more than one square foot in size placed at each corner and each entrance to property and at intervals of not less than 100 feet or in compliance with the requirements of law; H. Official signs - Official federal, state, or local government flags, emblems and historical markers, subject to height limits established by zone; I. Public signs - Public information, special event, and directional signs erected by a public agency; J. Real estate signs - Temporary signs indicating that the property on which the sign is located is for sale, rent or lease. Only one such sign, is permitted to face on each street adjacent to the property. Such signs may be single- or double -faced and are limited to 3 square feet or less on property in residential zones and 10 square feet or less on property in nonresidential zones. A maximum of 3 off - premises open house signs are allowed with the approval of the property owner - or the City if located in the right -of -way - and shall be removed immediately after the open house is held; K. Residential identification signs - Identification signs for residents limited to not more than one square foot on each dwelling unit; L. Service station point -of -sale and price signs - For service stations: 1) all point -of -sale signs at the gas pumps, and 2) not more than one price sign for each frontage not exceeding 20 square feet each and subject to height and setback limits established by zone; Ordinance No. 1324 (1997 Series) Page 4 M. Temporary holiday decorations - See also "Temporary window signs "; N. Temporary political signs - Not exceeding 3 square feet per sign in residential zones and 10 square feet per sign in nonresidential zones; O. Temporary window signs - Signs in office and commercial zones which cumulatively do not exceed 10 percent of each window area or 4 square feet per window, whichever is greater. No temporary window sign shall be displayed for more than 30 days. Cumulatively, no business shall display temporary signs for more than 60 days per year; P. Traffic directional signs - Parking lot and other private traffic directional signs each not exceeding 3 feet in height and 5 square feet in area and limited to guidance of pedestrian or vehicular traffic within the premises on which they are located; and Q. Utility signs - Signs showing the location of public telephones and signs placed by utilities to show the location of underground facilities. Article III. Prohibited Signs 15.40.050 Prohibited signs. The following signs are prohibited: Figure 1 - Prohibited Signs A. Attention- getters - Pennants, streamers, spinners, helium balloons, inflatable signs, and other similar attention- getting devices, unless authorized in conjunction with a temporary use permit or through architectural review; B. Backlit translucent awning signs; Ordinance No. 1324 (1997 Series) Page 5 C. Banner signs are prohibited unless: 1. approved in conjunction with a temporary or intermittent use permit or special event permit; or 2. approved with a sign permit as a temporary window sign, affixed on the inside of the window; or 3. approved with a sign permit as a temporary sign pending manufacture and installation of an approved permanent sign; or 4. approved by the Public Works Director over designated rights -of -way; D. Billboards; E. Highly reflective and fluorescent signs - Signs made wholly or partially of highly reflective material and fluorescent or day -glo painted signs; F Off - premises signs, except open house real estate signs; G. Roof signs unless approved by the Architectural Review Commission; H. Search lights and beacons unless authorized by the City in conjunction with a temporary use permit or special event; I. Signs in required setbacks, as specified by this chapter and the zoning regulations; J. Signs on utility poles or traffic control devices - Signs attached or placed adjacent to any utility pole, parking meter, traffic sign post, traffic signal or any other official traffic- control device in accordance with Section 21464 of the California Vehicle Code; K. Signs on street trees; L. Signs that block ingress or egress - Any sign, except as may be required by other code or ordinance, placed or maintained so as to interfere with free ingress to or egress from any door, window or fire escape; M. Signs on or over public property - Private signs, other than permitted projecting signs, located on or extended over public property without a valid encroachment permit; N. Signs without permission - Signs erected without the permission of the owner, or his agent, of the property on which such signs are located; Ordinance No. 1324 (1997 Series) Page 6 O. Signs with inadequate clearance - Any sign which does not conform with clearance require- ments noted in Article V. Sign Standards, and with the following clearance requirements for communication lines, utility lines and power lines, or any further restrictions adopted by the California Public Utilities Commission: MINBIUM CLEARANCE OF SIGNS FROM CONDUCTORS Greater than or Less than equal to 750 750 volts volts Vertical clearance Above sign 3 feet 8 feet Below sign 3 feet prolu'bited Horizontal clearance Above sign 3 feet 6 feet Below sign 4 feet 6 feet P. Simulated traffic signs - Any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic; Q. Temporary outdoor signs - Temporary signs visible from a public street attached to or placed on merchandise or materials stored or displayed outdoors, unless approved in conjunction with a temporary or intermittent use permit or special event permit; R. V signs (see definition); S. Vehicle signs (see definition); Figure 3 - Vehicle Sign Example Ordinance No. 1324 (1997 Series) Page 7 T. Other - Any sign not expressly allowed by this chapter. Article IV. Sign Permits: Application and Processing Procedures 15.40.060 Permit required. No sign shall be constructed, maintained, displayed or altered without a sign permit obtained as provided in this chapter, unless the sign is specifically exempted from permit requirements. 15.40.070 Sign permit application - Contents. Any person desiring to construct, repair, alter or display a sign for which a permit is required shall submit an application and associated fees, established by resolution of the City Council, to the Community Development Department. Such application shall include plans, drawings and other descriptive material sufficient to: 1) depict the sign(s) proposed, as well as all existing signs on the same property; and 2) enable evaluation of the proposal's conformance with the sign regulations. Authorization of the property owner is required to submit a sign permit application. See Figure 3 for examples of site plan and elevation drawings depicting a sign proposal. The Community Development Department staff will review all sign permit applications for completeness and consistency with these regulations. Staff will notify the applicant if architectural review is required. 15.40.080 Architectural review application. When architectural review is required, a separate application for such review together with fees, as established by resolution of the City Council, shall be filed with the Community Development Department. 15.40.090 Determination of need for other permits. A. Construction permits. The Chief Building Official shall determine if a separate building, electrical, or other construction permit is also required. B. Encroachment permits. Signs which appear to extend into or over a public right -of -way or easement shall be routed to the City Engineer to determine if an encroachment permit is also required. 15.40.100 Review and action by the Director. Within 15 days of receiving a complete application for sign permit which does not require architectural review or the issuance of other permits, the Director of Community Development shall in writing approve, conditionally approve, or deny the sign permit application. The Director may impose only such conditions as will assure compliance with the provisions of this chapter. 15.40.110 Permit issuance. The Chief Building Official shall be responsible for issuance of sign permits, determination of compliance with building code requirements, and inspection of installation. No sign permit shall be issued until other required permits and approvals, including architectural review, have been issued and granted, and any associated appeal periods have expired. Ordinance No. 1324 (1997 Series) Page 8 NOTE: SEE SHT t 2 FOR LOCATION OF PROPOSED SIGN REDWOOD FRAME DARK GLUE 5CRIPT -COLOR SAMPLE ATTACKED TO APPLICAnON LIGHT GLUE BACKGROUND DARK DLUE HELVETICA LETTERING NAT. GRADE w.w.w�w FRONT VIEW SIDE VIEW PROPOSED SIGN INFORMA'ION : ZOVING : C -5 (5EKVICE COMMERCIAL) TOTAL 51ON AREA ON FKEMI5E5 : SIZE: "C x d' TYPE: MONUMENT MAX HEIGHT: "A" LI0HTIN6 : INTERNAL FLJOR5CENT (60 WATTS) PLANTING: UNDULATUM PLANITARIUM (PVC DRIP'RRIGATION) SIGN FOR LUIGI'S ORIENTAL SMORGA511OARD PREP. BY: K. GETUM & ASSOC DATE: 1040 LOIS LANE I SPARKS COURT SCALE: ELEVATION 5 5HT. 2 oP 2 SAN LUIS 0815P0, CA 93401 SAN LUI5 OBISPO. CA .. .. uwH. ooawwvoowoorxxaowwoarwa�0000ieo auao�00000a000w.cocx PROPOSED MONUMENT s ........................... woow000a wawu0000�...... aar 'o oowow,acdow,oxo: L015 LANE ......... x U a ' .: ::.:::::..::• ...:::::::::.:: :-;::• ::•:; >:- >:- ;:- ;:- :::.:::.r: - >:: - EwTtNG PARKING .. . fv ......... SIGN (SIZE 6 HEIGHT) e ............ NORTH 7 El(15nNG WALL 5 I N ( SZE 1 HEIGHT) Z c � m EM STING STRUCTURE O cv ]L .. ........... :'::::::: _: ;:::::::::. PARKING 0 L± zti F �s t" KtD ..: $'1�L4CR WALL Property Un° 51ON FOR LU*rS ORIENTAL SMOKGASDOARD PREP. DY: K. GETUM 1L A550C. COURT DATE--. p 51TE LAN SHT.1 of 2 1040 L015 LANE I SPARKS SCAL f SAN LUIS ODI5P0, CA 93401 SAN LUIS 056FO CA Figure 4 Typical Sign Permit Plans Ordinance No. 1324 (1997 Series) Page 9 15.40.120 Signs requiring architectural review. The following signs shall require architectural review: A. Animated signs - Signs consisting of or containing any moving, rotating, flashing or otherwise animated light or component; B. Roof signs; C. Signs requiring exceptions - Any individual sign, or combination of all signs on any one property, which is not consistent with the height, number, type, location, setback, size, or maximum area standards prescribed by these regulations; D. Modifications to sign programs approved by the Architectural Review Commission (ARC); E. Shopping center identification signs; F. Internally - illuminated cabinet signs in the C -C zone; G. Pole signs; H. Flag signs; I. Marquee signs including theater marquees; J. Signs for new commercial development; K. Off - premises signs, not otherwise exempt or prohibited; and L. Other - Any other visual device which does not, in the determination of the Community Development Director, comply with the purpose of this chapter or the evaluation criteria outlined below. 15.40.130 Sign evaluation criteria. In reviewing a sign permit application, the Director and the Architectural Review Commission (ARC) shall apply the following criteria as a basis for action, in addition to criteria outlined in the stated purpose of these regulations, general sign standards, and standards for each zoning district: A. The sign proposal together with already existing signs shall be consistent with the purpose of these regulations. B. The sign proposal shall not constitute needless redundancy or proliferation of signs. C. Signs shall not obscure from view or unduly detract from existing approved signs. D. To be clearly readable, the amount of information per sign should be limited. E. Signs shall be visually compatible and in scale with the architecture of affected buildings, existing approved signs, and the character of surrounding development. Ordinance No. 1324 (1997 Series) Page 10 F. Signs shall primarily function to identify a business or tenant. Prices, phone numbers and detailed descriptions of merchandise and services should generally be avoided. G. In a multi -tenant commercial development, tenant signage should exhibit continuity in sign type, materials, location, and size. H. For internally illuminated signs, a dark background with lighter letters and graphics is generally preferable to the reverse. Raised lettering and graphics with halo or back lighting are also preferable to flat faced signs with a light background and dark copy. 15.40.140 Approval. If a sign permit application satisfies the above criteria and complies with other provisions of these regulations, it shall be approved. 15.40.150 Denial. Denial of a sign permit application shall be based on specific findings explaining how the proposed sign fails to satisfy the evaluation criteria above or other provisions of these regulations. 15.40.160 Appeals. A. Community Development Director decisions. 1. Appeal body. Any discretionary decision of the Community Development Director authorized by these regulations may be appealed to the Architectural Review Commission (ARC). 2. Filing time. Appeals must be filed in writing at the Community Development Department within 10 calendar days of the Director's decision. If the tenth day is a Saturday, Sunday, or holiday, the appeal period shall extend to the next business day. 3. Public hearing. Once an appeal has been filed, it shall be considered at the earliest available Architectural Review Commission (ARC) meeting, considering public notification requirements. B. Architectural Review Commission decisions. Any decision of the Architectural Review Commission (ARC) may be appealed to the City Council in accordance with the procedures set out in Chapter 1.20 of the Municipal Code. Article V. Sign Standards 15.40.170 General standards. All signs shall conform to the following general standards (by sign type) in addition to standards for the zone district in which they are located, unless an exception is granted through the architectural review process. w Ordinance No. 1324 (1997 Series) Page 11 Note: Please also refer to the definitions, and sections describing exempt signs, prohibited signs, and signs requiring architectural review. A. Awning signs: Signs on awnings shall not cover more than 25 percent of the main area of the awning, or exceed 25 square feet in size, whichever is smaller. B. Cabinet signs: Generally, cabinet signs should have dark backgrounds and light letters rather than the reverse. C. Changeable copy signs: These may be used in lieu of a wall or window sign, but may not exceed 6 square feet in size (theater signs are not subject to this area limit). D. Clearance - Awning, projecting, marquee, and suspended signs: Where permitted, these signs shall conform to the following requirements: 1. Vertical clearance. The minimum clearance between the lowest point of a sign and the grade immediately below shall be 8 feet. 2. Horizontal clearance. The minimum horizontal clearance between a sign and the curb line shall be 2 feet; the maximum projection over a public sidewalk shall be two -thirds (2/3) the width of the sidewalk or 6 feet, whichever is less. . E. Clearance - Pole signs: Where permitted, pole signs must have a minimum vertical clearance of 8 feet. Figure 4 - Pole Sign F. Fence signs: Signs attached to fences are permitted wherever wall signs are permitted providing they do not encroach into the public right -of -way or cross a common property line and are limited to a maximum area of 16 square feet. G. Flags: The use of the American flag should have patriotic rather than commercial signing functions. Flag poles displaying only national, state, or local flags shall be located outside of required setback areas and shall conform to the height requirements for structures in the site's zoning district. Flag poles displaying other than national, state, or local flags shall be subject to height, area, lighting, and location standards established by this chapter for pole signs. Ordinance No. 1324 (1997 Series) Page 12 H. Height: The top of a sign attached. to building shall not be higher than 25 feet or the height of the building face, excluding parapets, whichever is less. Signs shall not be located above the second story. Generally, signs should not be located above the floor occupied by the identified tenant. I. Illuminated signs: Where permitted, lighting for signs shall not create a hazardous glare for pedestrians or vehicles either in a public street or on any private premises. The light source shall be shielded from view. Sign illumination for externally illuminated signs shall be indirect and shall utilize focused light fixtures that do not allow light or glare to shine above the horizontal plane of the top of the sign or onto any public right-of- -way or adjoining property. Signs shall not be illuminated after 10:00 p.m. or close of business, whichever is later. Except as specifically provided for in the Office zone standards, each sign shall be designed so that illumination does not exceed 100 luxes (10 candlepower) at a distance of 10 feet from the sign. J. Portable (sandwich board) signs: Portable signs are allowed in lieu of a monument sign, providing they do not exceed 4 square feet in area, are located outside the right -of -way, and do not interfere with building ingress and egress. K. Setbacks: Except as provided in this chapter, sign location shall conform with setbacks established in the zoning regulations. 1. With Director approval, "traffic directional signs" may be placed in the required setback, providing they do not interfere with visibility required for safe vehicular and pedestrian circulation, espe- cially at street corners. 2. With Director approval, "monument signs" may be located in the required setback area, subject to the same visibility finding required above, and providing they meet applicable height and area limits established for the zoning district. 3. All signs in the Service Commercial (C-S) and Manufacturing (N) zones shall maintain a 5 foot minimum set back from a street yard property line. REQUIRED SETBACK NO SIGNS OVER 3' HIGH IN TH15 AREA PROPERTY LINE t I / 51DEWALK CURB Figure 6 - Corner Setbacks Ordinance No. 1324 (1997 Series) Page 13 L. Shared signs: Where two or more businesses are located on the same premises, the maximum number and sign area for pole and monument signs must be shared. M. Shopping center identification signs: With architectural approval, in addition to the signs permitted for individual tenants, shopping centers may have one identification sign per frontage not to exceed 16 feet in height or 72 square feet in area. Note: Such shopping center signs shall not be included in the area calculations for individual tenants, unless tenants are specifically identified on the shopping center sign. N. Subdivision identification signs (permanent): Only one such sign is permitted to face each perimeter frontage of the subdivision, not to exceed 16 square feet in area and 8 feet in height. A sign permit is required for these signs. 15.40.180 Sign standards by district. This section describes the number, type, and size of signs, which are allowed for each zone, subject to sign permit issuance and in some cases architectural review. Note: 1. Sign types (window, awning, pole, etc.) are subject to the general standards described in the previous section. 2. Signs shall be located only on each building face having a public entrance. 3. Where a property has a sign program approved by the Architectural Review Commission (ARC), that program shall supersede the following. 4. The maximums established by these regulations are legal maximums and the full maximum may not be appropriate in every case. A. Conservation /Open Space (C /OS) zone. Signs in the Conservation /Open Space zone are subject to use permit approval. B. Residential (R -1, R -2, R -3, and R -4) zones. The following signs are permitted within the residential zones (R -1, R -2, R -3, and R-4): 1. One monument or wall identification sign, not internally illuminated and not exceeding 10 square feet on each frontage of a planned residential development, multiple - family build -ing, group quarters, school, church, or institutional use. 2. One directory sign for multi- family residential developments and other uses, as determined by the Director, not internally illuminated and not exceeding one square foot for each room or suite occupied as a unit or 16 square feet, whichever is less. 3. Where allowed in residential zones, a neighborhood grocery market may have one wall, window, or awning sign on each frontage or building face having a public entrance, not internally illuminated and Ordinance No. 1324 (1997 Series) Page 14 with a total area not to exceed 10 percent of the tenant's building face or 20 square feet, whichever is less. 4. If signs are externally illuminated, illumination of the reflecting surface shall not exceed 10 luxes (one candlepower) measured 10 feet from the sign. C. Public Facility (PF) zone. One identification sign per frontage not to exceed 24 square feet, is permitted in the Public Facility zone. D. Office (0) zone. The following signs are permitted within the Office zone: 1. Signs allowed for residential uses. 2. One directory sign at each premises, not internally illuminated and not exceeding one square foot for each room or suite occupied as a unit. 3. Total area of all signs, excluding directory signs, shall not exceed 50 square feet per business or tenant. 4. Each business or tenant may have a maximum of 2 signs from any of the following: a. One not internally illuminated monument sign per premises not to exceed 24 square feet in area or 4 feet in height. b. One wall, window, or awning sign on each frontage or building face having a public entrance, not internally illuminated and not to exceed 5 percent of the tenant's building face or 25 square feet, whichever is less. c. One non - illuminated suspended sign, not to exceed 6 square feet. d. One non - illuminated projecting sign, not to exceed 6 square feet. e. No internally illuminated signs shall be allowed except as provided for in subsection f below. For externally illuminated signs, illumination of the reflecting surface shall not exceed 10 luxes (one candlepower) measured 10 feet from the sign. f. Hospitals are allowed to have internally illuminated signs subject to the illumination levels authorized by Section 15.40.1701. E. Neighborhood Commercial (C -N) zone. The following signs are permitted within the Neighborhood Commercial zone: 1. Signs allowed for residential uses. Ordinance No. 1324 (1997 Series) Page 15 2. One non - illuminated directory sign at each premises, not exceeding one square foot for each room or suite occupied as a unit. 3. Total area of all signs, excluding directory signs, shall not exceed 100 square feet for each busi- ness or tenant. 4. Each business or tenant may have a maximum of 2 signs from any of the following: a. Wall, window, or awning signs. The total area of wall, window, and awning signs on the same wall may not exceed 10 percent of a tenant's building face or 50 square feet, whichever is less. See general standards for awning sign criteria. b. One non - illuminated suspended sign, not to exceed 6 square feet. c. One non - illuminated projecting sign, not to exceed 12 square feet. d. For uses= located within a shopping center, one monument sign per premises not to exceed 12 square feet in area or 4 feet in height. e. For shopping centers, one shopping center identification sign per frontage, subject to ARC approval. F. Central Commercial (C -C) zone. The following signs are permitted in the Central Commercial zone: 1. Signs allowed for residential uses. 2. One directory sign at each premises, not internally illuminated and not exceeding one square foot for each room or suite occupied as a unit. 3. Total area of all signs, exclusive of any directory sign, shall not exceed 200 square feet for each business or tenant. 4. Each business or tenant may have a maximum of 4 signs from any of the following. a. Wall, window, and awning signs. The total area of all wall, window, and awning signs on any wall shall not exceed 100 square feet or 15 percent of the tenant's building face, whichever is less. See general standards for awning sign criteria. b. Suspended signs, not to exceed 6 square feet. c. Projecting signs, not to exceed 12 square feet each. d. One non - illuminated monument sign per premises not to exceed 4 feet in height or 12 square feet in area. e. Internally illuminated cabinet signs and marquee signs in the C -C zone require Architectural Review Commission (ARC) approval. Ordinance No. 1324 (1997 Series) Page 16 G. Retail Commercial (C -R) zone. The following signs are permitted in the Retail Commercial zone: 1. Signs allowed for residential uses. 2. One directory sign at each premises, not exceeding one square foot for each room or suite occupied as a unit. 3. Total area of all signs, exclusive of any directory sign, shall not exceed 200 square' feet for each business or tenant. 4. Each business or tenant may have a maximum of 4 signs as follows: a. Wall, window, and awning signs. The total area of wall, window, and awning signs on the same wall may not exceed 100 square feet or 15 percent of the tenant's building face, whichever is less. See general standards for awning sign criteria. b. Suspended signs, not to exceed 6 square feet. c. Projecting signs, not to exceed 24 square feet each. d. For uses= located within a shopping center, one monument sign per premises not to exceed 4 feet in height or 12 square feet in area. e. For shopping centers, one shopping center identification sign per frontage, subject to Architectural Review Commission (ARC) approval. H. Service Commercial (C -S) and Manufacturing (M) zones. The following signs are permitted within the Service Commercial and Manufacturing zones: 1. One directory sign at each premises, not internally illuminated and not exceeding one square foot for each room or suite occupied as a unit. 2. Total area of signs, exclusive of any directory sign, shall not exceed 200 square feet for each business or tenant. 3. Each business or tenant may have a maximum of 2 signs as follows: a. Wall, window, or awning signs. The total area of wall, window, and awning signs on the same wall may not exceed 15 percent of the tenant's building face or 100 square feet, whichever is less. See general standards for awning sign criteria. b. One pole sign per premises, subject to Architectural Review Commission (ARC) approval, not to exceed 16 feet in height or 72 square feet in area, or one monument sign per premises not to exceed 6 feet in height or 24 square feet in area. Ordinance No. 1324 (1997 Series) Page 17 I. Tourist Commercial (C -T) zone. The following signs are permitted within the Tourist Commercial zone: 1. Signs allowed for residential uses. 2. One directory sign at each premises, not internally illuminated and not exceeding one square foot for each room or suite occupied as a unit. 3. Total area of signs, exclusive of directory signs, shall not exceed .200 square feet, for each business or tenant. 4. Each business or tenant may have a maximum of 4 signs as follows: a. Wall, window, or awning signs. The total area of wall, window, and awning signs on the same wall may not exceed 7 percent of the tenant's building face or 100 square feet, whichever is less. See general standards for awning sign criteria. b. One pole sign per premises, subject to Architectural Review Commission (ARC) approval, not to exceed 16 feet in height or 72 square feet in area, or one monument sign per premises not to exceed 6 feet in height or 24 square feet in area. Article VI. Exception to Sign Standards 15.40.190 Requests for exceptions. Unusual site conditions or other design factors may warrant signs not otherwise permitted by these regula- tions. A sign permit application which includes a request for exceptions to standards established by these regulations is subject to architectural review and shall include reasons for the request. Unless deemed architecturally insignificant, a separate architectural review application and fees are required. 15.40.200 Findings for approval of an exception. Granting an exception to the sign regulations must be based on the following or similar findings: A. There are exceptional or unusual circumstances applying to the property involved which do not apply generally to properties in the vicinity with the same zoning, such as: 1. Presence of a legally nonconforming use; 2. Visual obstruction; or 3. Unusual building location on -site. B. The sign for which an exception is requested is a nonconforming sign that acts as a neighborhood landmark or focal point while not disrupting views of prominent community landscape features. When granting an exception, the Architectural Review Commission (ARC) or the Director shall require that as many nonconforming elements of the sign as possible be eliminated while allowing its basic form and character to remain. Ordinance No. 1324 (1997 Series) Page 18 C. The exception will not constitute a grant of special privilege or entitlement inconsistent with limitations applied to other properties in the vicinity with the same zoning. D. Granting the exception will not be detrimental to the public welfare or injurious to the properties or improvements in the vicinity. E. The sign for which the exception is requested is consistent with the purpose and intent of the sign regulations. Article VI. Nonconforming Signs 15.40.210 Existing nonconforming signs - Abatement. Signs which lawfully existed and were maintained as nonconforming signs prior to March 12, 1983, have been fully amortized and are subject to abatement, unless otherwise in compliance with this chapter. The adoption of this chapter shall in no way extend any abatement period in effect prior to March 12, 1983. 15.40.220 Abatement or conformance - When required. Signs which lawfully existed and were maintained and became nonconforming after March 12, 1983, shall be removed or made to conform within 30 days after written notice by the Department of Community Development, when: A. The use of the premises changes and the exterior of the building or other site conditions are to be altered; or B. A sign is damaged by any cause resulting in replacement or repair cost equal to or greater than one - half of its replacement value at the time the damage occurs; or C. In accordance with the amortization schedule outlined in Section 15.40.230. 15.40.230 Amortization. A. Signs which lawfully existed and were maintained and became nonconforming after March 12, 1983, shall be removed or made to conform within 30 days of written notice by the Community Development Department, in accordance with the following schedule: If Twice the Original Amortization Period Value of sign is: (in years) Leery than $500 Two $500 to $999 Three $1,000 to $2,999 Five $3,000 to $5,999 Eight More than $6,000 Ten B. The time periods in the schedule set out in subsection A of this section shall commence on the effective date of the ordinance giving rise to or creating the nonconforming sign. C. If more than one sign on a premises is or becomes nonconforming, the original cost of all such nonconforming signs shall be aggregated for the purpose of determining the amortization period. Ordinance No. 1324 (1997 Series) Page 19 D. The owner or user of a nonconforming sign shall, upon written request of the Community Development Department, furnish acceptable proof of the initial cost in the form of: 1. An original bill of sale; 2. A description schedule from state or federal income tax returns; or 3. A written appraisal by a sign manufacturer. Article VIII. Non - current, Abandoned or Unsafe Signs 15.40.240 Non - current signs - Removal required. Any sign, including its supporting structure which no longer identifies the current occupant or which otherwise fails to serve its original purpose after a lapse of 3 months shall be deemed to be a public nuisance and shall be removed by the owner of the property on which it is located upon 30 days written notice by the Community Development Department. 15.40.250 Unsafe signs - Correction or removal required. Any sign that, in the opinion of the Chief Building Official, is unsafe or insecure, shall be deemed a public nuisance and shall be corrected or removed, together with any supporting structure, by the owner of the property on which the sign is located, within 72 hours of written notice by the Community Development Department. Article IX. Enforcement 15.40.260 Type of offense. Any person who violates any provision of this ordinance shall be guilty of an infraction. Violations shall be punishable as set forth in Chapter 1.12 of the San Luis Obispo Municipal Code. Nothing in this chapter shall be deemed or constituted to prevent the City from commencing any civil proceeding otherwise authorized by law for the declaration or abatement of a public nuisance. 15.40.270 Public nuisance. If the owner of any premises fails or neglects to comply with the provisions of this chapter, it shall constitute a public nuisance, pursuant to Chapter 8.24 of the San Luis Obispo Municipal Code. Any aggrieved party may, in addition to any other right or remedy he or she may possess either at law or in equity, pursue a private cause of action to abate a public nuisance, as specified in Chapter 8.24 of the San Luis Municipal Code. Article X. Definitions As used in this chapter, the following terms and phrases shall have the indicated meanings: A. "ARC" means Architectural Review Commission. Ordinance No. 1324 (1997 Series) Page 20 B. "Area of sign" means the number of square feet of the smallest rectangle within which a sign face can be enclosed. In determining the area of an individual sign which has more than one face, the greatest area of sign faces visible from any one point shall be used. The "total sign area" is the sum of all individual sign areas. Figure 7 Sign Area C. "Awning sign" means any lettering or graphic painted on or otherwise applied to any part of an awn- ing. D. "Banner" means a flexible sign typically supported at two or more points and hung on a building or otherwise suspended down or across its face, or across a public right -of -way. E. "Billboard" means a sign structure, available for lease or rent, advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured or furnished at the property on which said sign is located. F. "Building face" means the whole of a building visible in an elevation view, excluding sloped roof surfaces. "Tenant's building face" is that portion of the building face enclosing the area of the building occupied by the tenant. In multi -tenant buildings with interior tenant spaces, each tenant's building face shall be the proportionate share of the building face enclosing the area occupied by all tenants. G. "Bulletin board" means a sign which accommodates changeable copy and which displays information on activities and events on the premises. H. "Directory sign" means a wall- mounted sign identifying the location of occupants of a building or group of buildings which are divided into rooms, suites, or units used as separate offices, studios, or dwellings. Ordinance No. 1324 (1997 Series) Page 21 I. "Fascia" means a flat horizontal band on a building elevation, typically above the first story doors and windows. J. "Frontage" or "Lot frontage" means the horizontal distance along a lot line adjacent to a public street, or the side of a lot adjacent to a public street. K. "Group quarters" means a residential facility in which residents do not occupy individual dwelling units, such as dormitories, fraternities, hostels, and residential care facilities. L. "Height of sign" means the vertical distance from average ground level immediately below the sign to the top of the sign - including the support structure and any design elements. A "Identification sign" means any sign identifying a residential development, a multi - family building, group quarters, school, church, institution, or shopping center, and not advertising any product or service. N. "Illegal sign" means any sign which does not meet the requirements of this code and which has not received legal nonconforming status. O. "Illumination". 1. "Internally illuminated sign" means a sign which has characters, letters, figures, or any portion of the sign face or outline thereof illuminated from an interior light source. 2. "Externally illuminated sign" means a sign which is illuminated from an exterior artificial light source mounted on the sign, another structure, or the ground. 3. "Non - illuminated sign" means a sign with no internal or external artificial light source and only incidentally illuminated by ambient light conditions. P. "Legal nonconforming sign" means: 1. A sign which was erected legally, but which does not comply with the subsequently enacted sign restrictions and regulations. 2. A sign which does not conform to the sign code requirements, but for which an exception has been approved. Q. "Marquee sign" means a sign placed on the face of a permanent roofed structure projecting over the building entrance, which is an integral part of the building (usually a theater or hotel) and is not a fascia extension of the roof or eve. R. "Monument sign" means a sign which is completely self - supporting, has its base on the ground or is supported by posts, and is 6 feet or lower in height. S. "Nonconforming sign." See "Illegal sign" and "Legal nonconforming sign." T. "Nonresidential zone" means any zone other than an R -1, R -2, R -3, or R-4 zone. Ordinance No. 1324 (1997 Series) Page 22 U. "Off - premises sign" means any sign which directs attention to a business, service product, or entertainment not sold or offered or only incidentally sold or offered on the premises on which the sign is located. V. "Person" means any individual, partnership, corporation, association or government or any other legal entity. W. "Pole sign" means a freestanding sign, supported by one or more poles 8 feet or longer in length. X. "Political sign" means a sign intended to draw attention to or communicate a position on any issue, candidate, or measure in any national, state, local or university campus election. Y. "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building, such as a sandwich board sign. Z. "Premises" means a building or unified complex of buildings on one, lot or on two or more contiguous lots under common ownership and /or with shared parking. AA. "Price sign" means a sign on the premises of a service station, which contains information on the cost and type or grade of motor fuel only. BB. "Projecting sign" means a sign which extends out from a building face or wall so that the sign face is perpendicular or at an angle to the building face or wall. CC. "Public entrance" means a place of entry at a premises which is accessible by the general public. DD. "Roof sign" means any sign any part of which is on or over any portion of any roof, eave, or parapet of a building or structure. EE. "Sandwich board sign" - see Portable sign. FF. "Shopping center" means five or more stores with a minimum area of 50,000 square feet, 300 feet of frontage and common off - street parking. GG. "Second story" means the highest point of the second floor of a building. HH. "Sign" means any visual device or representation designed or used for the purpose of com- municating a message or identifying or attracting attention to a premises, product, service, person, organization, business or event, with or without the use of words, visible from outside the premises on which such device is located. II. "Subdivision identification sign" means a temporary sign identifying an approved residential or commercial subdivision and erected primarily for the purpose of advertising homes, lots or condominiums for sale. A. "Sign face" means the visible sign proper including all characters, symbols, and structural or nonstructural background (e.g. cabinet frame or painted border), but not including the base of a pole or monument sign. Ordinance No. 1324 (1997 Series) Page 23 KK. "Sign area." See "Area of sign." LL. "Suspended sign" means a sign attached to and located below any permanent eave, roof or canopy. MM. "Temporary sign" means any sign which remains in use not more than 30 days or such other period specified by a use permit or architectural review condition of approval. NN. 'raffic Directional Sign" means a sign not exceeding 3 feet in height or 5 square feet in area that provides on -site guidance to pedestrian or vehicular traffic such as parking lot entrance and exit signs. 00. "V sign" means a sign consisting of 2 essentially equal faces, positioned at an angle less than 180 degrees. PP. "Vehicle sign" means a sign placed on a vehicle or trailer which is parked or located for the primary purpose of displaying said sign. Evidence of directional signage or parking of the vehicle or trailer within one mile of the premise being advertised creates a rebuttable presumption that the primary purpose of the sign is for display. (This does not include signs or lettering on buses, taxis, or work vehicles operating during the normal course of business.) QQ. "Wall sign" means a single -faced sign painted on or attached to a building wall, no part of which extends out from or above a wall more than 6 inches. RR. "Window sign" means a sign painted on or attached to a window or displayed within a building but visible through a window or similar opening for the primary purpose of exterior visibility. SECTION 3. Publication. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in this City. This ordinance shall . go into effect at the expiration of thirty (30) days after its final passage. Ordinance No. 1324 (1997 Series) Page No. 24 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 20 day of—may, 1997, on a motion of unai ma„ , seconded by Williams , and on the following roll call vote: AYES: Council Mbmbers Romero, Smith, Williams, Roalman, Mayor Settle NOES: None ABSENT: None Mayor Allen Settle ATTEST: Q Clerk Bonni awf APPROVED: 7g/SA"�1,J \ sen Ordinance No. 1324 (1997 Series) FINALLY PASSED this 3rd day of June, 1997, on motion of Vice Mayor Roalman, seconded by Council Member Smith, and on the following roll call vote: AYES: Council Members Roalman, Smith, Romero, Williams and Mayor Settle NOES: None ABSENT: None Mayor Allen K. Settle ATTEST: ity Clerk B ie ' Gawf �I � f r G G.n ��