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HomeMy WebLinkAbout0354ORDINANCE NO. 354 (1966 Series) AN EMERGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISPO DEFINING, REGULATING, REQUIRING PERMITS IN CERTAIN ZONES, ORDERING REMOVAL, REGULATING MAINTENANCE AND CONSTRUCTION OF SIGNS AND BILLBOARDS WITHIN THE CITY OF SAN LUIS OBISPO BE IT ORDAINED by the Council of the City of San Luis Obispo -;as follows: SECTION ONE. That Part 1, Chapter 5, Article VIII of the San Luis Obispo Municipal Code shall be and is hereby amended to read as follows: CHAPTER 5 - SIGNS AND BILLBOARDS Part 1 Section 8600. Intent Recognizing the primary importance of signs for identification and the importance of such signing to the commerce of the City of San Luis Obispo, it is the intent of this Ordinance to regulate signs to minimize the adverse effects that the erection and display of such signs might have on the safety and general welfare of citizens of the City. This Ordinance further recognizes that this City is situated in an area of con- siderable natural beauty and that this setting, coupled with the City's historical develop - ment, has been a source of pride to its citizens as well as an attraction to many visitors each year. It is, therefore, the intent of this Ordinance to also encourage a character in keeping with the setting and the historic and cultural aspects of the City, by establishing standards and controlling the size, type and location of all new signs. Section 8600.1 Definitions For the purpose of this Chapter, certain terms are defined as follows: A. Sign. A representation by means of words, diagrams, symbols or models situated in a ce visible to the general public and intended to publicize any activity, person, or thing. B. Attached Sign: Delete. C. Free Standing Sign: A sign wholly supported by poles, piers, or other structural mem ers which set directly on or into the ground. D. Temporary Sign: A sign made of fabric or other light material intended to be displayed for sixty days or less. E. Frontage Lineal feet of developed portion of lot facing a street, or lineal feet of building king a parking lot or mall in a shopping center. Obispo. F. Department: The Planning and Building Department of the City of San Luis G. Illuminated Sign: Direct: Neon tubing, exposed bulbs, internally illuminated and similar. Indirect: Sign with detached light source. Cut -out letters backlighted and similar. H. Roof Sign: A sign, any part of which is attached to the roof of a building. I. Shopping Center: (5) or more stores on a plot of ground with a minimum of 100, 000 square feet wi � 300 feet of frontage, with integrated off- street parking which meets the parking requirements in a C -1 or C -N zone. Section 8600.2 Measurement Standards A. Area of a Sign: The area of a sign shall include structural or decorative frames, but not supporting embers and shall be measured as follows: 1. Modular Signs: Where a sign consists of letters on individual modules or boards, the areas of such modules will be calculated but not the spaces between. 2. Painted or Cut -Out Letters: (a) Signs consisting of letters painted on a wall or cut -out letters fixed to a wall or on top of a canopy or roof, shall be calculated according to a geometric figure which would contain a word or group of words. (b) An applicant shall have the option to count individual letters separately, provided that the area of a geometric figure which could contain such letter shall be increased by 50%. 3. Signs Consisting of Words, S mbols, Etc.: The area contained within a geometric figures a measured, provided aetached words or symbols may be measured separately at the discretion of the staff. 4. Multi -faced Sign: (a) One side of a double -faced sign. (b) Forty per cent (409D of the surface area of a sphere, cube, or other three - dimensional sign. Section 8600.3 General Regulations DELETE Paragraphs A (Location) and B (Height) and C (Area) Note: regarding paragraph C - refer to "L" D. Illumination: No illuminated sign shall be permitted in R -1, R -2, or R -3 Districts, except louse identification and one (1) indirectly illuminated sign for an apart- ment or office building per street frontage. E. Signs Over Public Property: 1. Signs may project not more than 2/3 the width of a sidewalk. 2. Between a height of eight feet (8) and twelve feet (12'), signs may project three feet (3) over a sidewalk area and have a maximum area of six (6) square feet. 3. The area of any sign permitted by this paragraph shall be counted against the allowable sign area for the use to which it pertains. F. Exempt Signs: Signs ; required by law shall be exempt from the pro- visions of this Chapter. G . Proximity to Power and Telephone Lines: No part of any sign shall be erected closer to any existing or proposed power or telephone line than the distances set forth in the following tables, provided that further restrictions adopted by the Public Utilities Commission shall be followed: Page 2 MINIMUM CLEARANCES OF SIGNS FROM CONDUCTORS VERTICAL CLEARANCE Above sign Below sign HORIZONTAL CLEARANCE From conductors From poles Conductor of any type carrying less than 750 volts 3 feet 3 feet 3 feet 4 feet Conductor carrying more than 750 volts 8 feet ** Prohibited * Increase to eight (8) feet if man can walk on sign. ** Increase to twelve (12) feet if man can walk on sign. 6 feet 6 feet H. Obstructions: Signs shall not obstruct doors, windows or fire escapes. No sign shall prevent free ingress or egress from a fire escape or any door or window required by the Building Code. No sign shall be attached to a standpipe, gutter, drain, or fire escape. I. Traffic Safe !11: No sign regulated by this Ordinance shall be erected at any location where, y reason of its position, it will obstruct the view of, or conflict with, any authorized traffic sign, signal, or device. j . Prohibited Sims: 1. Signs which flash, move or simulate movement, except barber poles and devices which directly indicate time and temperature, except to the extent permitted by resolution or ordinance adopted by the City Council. 2. Signs within five hundred (500) feet of any existing or adopted freeway intended to be viewed primarily by persons xraveling on such freeway, except when such sign is used exclusively to: (a) advertise the sale or lease of the property upon which it is located; or (b) designate the name of the owner or occupant of the premises upon which it is located, or to identify such premises. 3. Signs upon any public property or any structure thereon, except as otherwise provided herein. 4. Signs erected without permission of the property owner. K. Rotating Si s• Rotating signs may be erected where specified in this Ordinance, subject to tile following limitations: 1. Maximum area - fifty (50) square feet. 2. Maximum revolutions permitted - six (6) per minute. 3. Maximum distance from axis in any direction - four (4) feet. 4. Area to count double towards total permitted sign area. Page 3 L. Roof Signs: Roof signs may be erected in the R -C and C -N Districts provided they do not project above the highest part of the roof. Signs may be erected on a continuous parapet on a flat roofed building, provided they do not extend above the top of the parapet. M. Free Standing Signs: The maximum size of a free standing sign in the R-C, C -N (C -1) or C =2 Districts is ne undred Fifty (150) square feet. (See Exception in Section 8600.6. D (2) . ) N. Flashing Signs: 1. Flashing, scintillating and similar signs may be erected in the C -2 District subject to approval by the Design Review Board of the design, color, degree of flashing, etc. 2. An application for a flashing sign shall be submitted to the Planning and Building Department, accompanied by colored drawings to scale adequate to show the details of the proposed sign. 3. The Design Review Board shall meet within ten days of receipt of the application and may approve, deny, or conditionally approve the application. 4. Any person aggrieved by a decision of the Design Preview Board may appeal in writing to the City Council, who shall consider such appeal at their next regular meeting. Section 8600.4 No Permit Signs The following signs may be erected without a Sign Permit, in addition to signs otherwise permitted, provided they comply with the requirements of this Chapter: A. One (1) identification sign per dwelling unit, not exceeding one (1) square foot in area. B. Signs advertising the sale, rental, or lease of property on which they.zare located. Aggregate area is not to exceed one (1) square foot for each ten (10) feet of lot frontage, up to a maximum of two hundred (200) square feet. C . Signs denoting the architect, engineer, general contractor or lending agency, when placed upon work under construction, not exceeding thirty -two (32) square feet in area for each firm. Such signs shall be removed upon occupancy of the building. D. Memorial signs or tablets, names of buildings and dates of erection, when cut into any masonry surface or when constructed of bronze or other incombustible material, not to exceed twenty (20) square feet. E. Municipal signs, legal notices, traffic or railroad crossing signs, which may be on public property. F. Signs of public utility companies indicating danger, or giving service or safety information, which may be on public property. G . Painting or repainting of a sign or the changing of a painted or printed advertisement thereon. H. Signs located inside an open lobby or entrance to a building in an R-C, R -4, C, or 1Vi zone, and visible from the outside. I. Regulatory or directional signs on parking lots, not exceeding four (4) square feet each. Page 4 J. Temporary signs weighing less than fifty (50) pounds, and subject to the following conditions: 1. Not to exceed one hundred (100) square feet in area, or five (5) feet in its narrowest dimension. must be: 2. Signs extending more than six (6) inches over public property (a) Approved by the Administrative Officer. (b) Consist of cloth or similar fabric. (c) Be perforated to reduce wind resistance. (d) Have a minimum vertical clearance of twenty (20) feet. Section 8600.5 Sign Permits A. Permit Required: Except as previously described in Section 8600.4, no person shall erect or alter any sign without first obtaining a sign permit from the Department. B. Exception: An appurtenant sign or signs, up to fifty (50) sure feet in area, which complies with the requirements of this Chapter, may be painted directly on a building or may consist of cut out letters that do not project more than three (3) inches nor weigh more than five (5) pounds, provided the Department is notified of the size and location in advance. C. Procedure: Application for a Sign Permit shall be made upon forms furnished by the Department, accompanied, when required, by scale drawings adequate to show the location, design and construction of the sign in accordance with Section 301 of the Uniform Building Code. 1. At the time of filing an application, a fee shall be paid to the Department as follows: One-half of one per cent (1/2 of 19.D of the cost of the sign. (One Dollar minimum fee.) 2. An application for an electrical permit shall be'filed concurrently with an application for a sign permit when electrical work is involved. 3. If the proposed sign complies.with all the requirements of this Chapter, the Building Code, Electrical Code, and other City ordinances, a Sign Permit shall be issued by the Department. 4. Sign permits shall become void if not used within six (6) months from the date of issue. Section 8600.6 Signs Requiring Permits Provided a Sign Permit is first obtained from the Department, signs may be erected in the Districts designated on the Zoning Map of the City of San Luis Obispo, in addition to those described in Section 8600.4, as follows: The total sign area per- mitted on a lot may be divided among two or more signs, except where one sign is specifically stipulated. Page 5 A. Signs in R -1, R -2, R -3, R -H, and R -O Districts: 1. Twenty -five (25) square feet of single faced signs per frontage on the premises of a public, charitable, or religious institution. 2. One sign directing attention to a new subdivision, located not less than one hundred (100) feet from any occupied residence, not exceeding one hundred (100) square feet. If a new subdivision is accessible from more than one major street, a second sign similar to the above may be erected, but not on the same street. Such signs shall be removed within three (3) months of completion of the subdivision or cessation of construction, or upon sale of the last unit, whichever occurs first. 3. Fifteen (15) square feet of single faced signs for other uses first permitted in R -3, R -H, and R -O Districts. B. Signs in R -4 and R -C Districts: 1. Signs permitted by Subsection A, plus: 2. For any use first permitted in R -4 or R -C Districts: (a) One and one half (1 - 1/2) square feet of sign per foot of street frontage up to one hundred (100) square feet, plus: (b) One square foot per foot of street frontage over one hun- dred (100) feet up to a maximum of three hundred (300) square feet. (c) Rotating signs, subject to the limitations of Section 8600.3(x) C . Signs in C -N (C -1) Districts: 1. Signs permitted by Subsection A, plus: 2. For any non - residential use or building, one square foot per foot of frontage with a minimum of twenty -five (2 5) square feet (one to twenty -five '(25) foot frontage), and a maximum of two hundred (200) square feet for any single use. 3. A shopping center may have one shopping center sign for each street frontage not exceeding one hundred (100) square feet each. Individual uses may have signs on the building calculated according to the previous paragraph, with a maxi- mum of two hundred (200) square feet per use. NOTE: No rotating signs permitted. D. Sims in C -2 Districts: 1. For any non - residential use of a building, one square foot per foot of frontage with a minimum of twenty -five (25) square feet (One to twenty -five (25) foot frontage), and a maximum of three hundred (300) square feet for each street frontage. 2. A shopping center with at least one hundred (100) feet of frontage on a freeway or adjoining frontage road qualifies for an additional three hundred (300) square feet of shopping center sign facing the freeway. Individual uses may have signs on buildings calculated according to the previous paragraph with a maximum of three hundred (300) square feet per use. 3. Rotating signs subject to the limitations of Section 8600.3r.), but not exceeding thirty -six (36) square feet in area. Page 6 Section 8600.7 Removal of Signs: A. Non Conformin Signs: A sign which does not conform to the requirements of this Chapter slim be altered, removed, or otherwise made to comply under the following circumstances: 1. All signs pertaining to a building which is repaired or altered to the extent of more than twice its assessed value in any period of five (5) years. 2. When there is a change' of use or business identification after five (5) years from the adoption of this Ordinance. B. Non - Current, Abandoned, or Unsafe Signs: 1. Any sign, including its mupporting structure, which no longer identifies the current occupant or products currently sold, or which otherwise fails to serve its original purpose, after a lapse of six (6) months shall be deemed a public nuisance and shall be removed by the owner of the property upon thirty (30) days written notice by the Department. 2. Any sign that, in the opinion of the Department, is unsafe or in- secure shall be deemed a nuisance and shall be corrected or removed, together with any supporting structures, by the owner of the property upon which the sign is located, within thirty (30) days after notice, in writing, by the Department. 3. After thirty (30) days, the Department may cause such sign to be removed, and the cost of such removal shall become a lien against the property. 4. The Department may cause any sign which is an immediate peril to persons or property to be removed summarily and apply the cost as a lien against the property. Section 8600.8 Maintenance of Signs: It shall be the responsibility of the owner of a sign to maintain it in a safe and secure condition at all times and to repaint it when necessary. Section 8600.9 Construction of Signs: In determining compliance with the following requirements, the Department shall refer to the Uniform Building Code adopted by the City of San Luis Obispo. A . The construction of signs and their supports shall be adequate to carry all loads designated by the Building Code. B. Any sign, any part of which is sixty (60) feet or more above the ground, shall be capable of withstanding a wind pressure of thirty (30) pounds per square foot. Signs lower than sixty (60) feet shall be capable of withstanding a wind pressure of twenty (20) pounds per square foot. C . Electrical signs shall be subject to the provisions of the City and State Electrical Code and Underwriters' Laboratory Standards. D. Signs and suppbrting structures shall be constructed of incombustible materials in Fire Zone No. 1. E. Temporary signs weighing in excess of fifty (50) pounds must be approved by the Department as conforming to the safety requirements of the Building Code. EXCEPTIONS: 1. The faces of signs may be of approved plastics as defined in the Uniform Building Code. 2. Wood may be used as structural trim if it does not exceed ten per cent (109D of the total sign area. 3. A sign of approved combustible material may be erected if it does not exceed sixteen (16) square feet in area and is not closer than ten (10) feet to any other combustible material. o., 7 Section 8600. 10. Billboard and Miscellaneous Regulations; A. No free standing or attached sign exceeding one hundred (100) square feet in area shall be permitted unless prior approval is obtained from the Council. B. No roof sign shall be permitted in any R or C -1 District unless prior approval is obtained from the Council. C. No billboard shall be permitted in C -1 or C -2 Districts. D. No billboard shall be permitted in C -3 or M Districts unless prior approval is obtained from the Council. Section 8600.11. Advertising Matter on Vehicles. A. It shall be unlawful to park on, or move in and along, any street or public highway in the City of San Luis Obispo, any truck, trailer, carriage, wagon, sled, set of skids, or other vehicle on which has been mounted any sign displaying any advertising matter, unless such vehicle be used primarily for the purpose of transporting goods or persons, or such use if involved in a single isolated movement of a sign board or sign equipment from one place to another within the City. The parking of any such vehicle on any public street, or the movement of any such vehicle in and along any public street, for the sole primary purpose of displaying advertising matter is declared to be a nuisance and a hazard to the public health and safety. B. EXCEPTIONS: The foregoing provision shall not apply to charitable, religious, or non - profit organizations provided that they obtain a temporary permit from the Chief of Police. C. SCOPE: No display or advertising matter shall be deemed to be excepted from the application of this section because of its being in existence at the time of the adoption hereof. SECTION TWO. The provisions of this Ordinance shall be in effect for three (3) calendar months from September 19, 1966 unless sooner terminated or repealed by amendments hereinafter enacted. SECTION THREE. Any Ordinance in conflict herewith to the extent that it does so conflict is hereby repealed. SECTION FOUR. It is the intent of the City Council in passing this Ordinance that each of the provisions of this Ordinance are severable and if any provisions shall be declared to be invalid or unconstitutional, the remaining provisions shall not be affected but shall remain in full force and effect and the Council of said City does hereby declare that it would have passed this Ordinance and each section, sub - section, sentence, clause, and phrase thereof irrespective of the fact that one or more of the sections, sub- sections, sentences, clauses or phrases thereof be declared invalid or unconstitutional. SECTION FIVE. This Ordinance is declared to be an emergency ordinance, the the reasons therefor are as follows: Page 8 That under existing City Ordinances it is legal to erect signs 70 feet in height and unlimited in size, shape and light intensity without securing prior approval of the City. That the lack of any reasonable restrictions constitutes a threat to the public peace, health, safety, and welfare. That the City Council deems it necessary to enact emer- gency restrictions pending study and adoption of adequate sign standards. That the best interests of the City of San Luis Obispo and health, safety, and welfare of its people will be best served by imposing the restrictions herein set forth. SECTION SIX. This emergency ordinance shall take effect immediately upon its passage. INTRODUCED AND FINALLY PASSED this 19th day of September, 1966 on motion of Mayor Whelchel, seconded by Councilman Spring, and on the following roll ca.U. vote: AYES: Councilmen Blake, Gallagher, Miller, Spring, and Mayor Whelchel NOES: None ABSENT: None i ATTEST: Page 9