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HomeMy WebLinkAbout0709ORDINANCE NO. 709 (1977 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE MUNICIPAL CODE BY REPEALING ARTICLE VIII, CHAPTER 5, SECTIONS 8600 - 8600.17, ADOPTING ARTICLE IX, CHAPTER 7, SIGN REGULATIONS, AND REPEALING ALL URGENCY ORDINANCES RELATING TO SIGNS. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Municipal Code is amended by repealing Article VIII, Chapter 5, Sections 8600 - 8600.17. SECTION 2. Chapter 7, Sections 9701 - 9706.2, SIGN REGULAT.IO.NS,. is hereby added to Article IX, to read as follows: (See attached text.) SECTION 3. Urgency Interim Ordinances 641 (1975 Series), 655 (1975 Series) and 681 (1976 Series) are hereby repealed. SECTION 4. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting thereof held on the 19th day of July , 1977, on motion of Councilman Dunin , seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, :Jor -gensen- and" Mayor :Schwartz NOES: Councilman Gurnee ABSENT: Councilman Petterson ATTEST: i' k- J. H. Fitzpatrick /l 8 0 709 Ordinance No. 709 (1977 Series) Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney City Administrative icer By Allen Grimes G� Communit velopment Director by Asso is a Planner Ordinance No. 709 FINALLY PASSED this 2nd day of August 19 77, on motion of Councilman Gurnee seconded by Councilman Jorgensen on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None ATTEST: Fitzpatrick, CITY CLERK ARTICLE IX, CHAPTER 7 SIGN REGULATIONS SECTION 9701. GENERAL PROVISIONS. 9701.1. TITLE. 9701.2. PURPOSE. 9701.3. SCOPE. 9701.4. DEFINITIONS. 9702. SIGN REGULATIONS. 9702.1. PERMIT REQUIRED. 9702.2. EXEMPT SIGNS. 9702.3. PROHIBITED SIGNS. 9702.4. SPECIAL PURPOSES. 9703. SIGN PERMITS. 9703.1. APPLICATIONS. 9703.2. BUILDING PERMITS. 9703.3. ACTIONS OF COMMUNITY DEVELOPMENT DIRECTOR. 9704. SIGN STANDARDS. 9704.1. RESIDENTIAL ZONES. 9704.2. OFFICE ZONE. 9704.3. COMMERCIAL AND INDUSTRIAL ZONES. 9704.4. GENERAL STANDARDS. 9705. NON - CONFORMING SIGNS. 9705.1. ABATEMENT OF PREVIOUS NON - CONFORMING SIGNS. 9705.2. ABATEMENT OF NON - CONFORMING SIGNS. 9705.3. AMORTIZATION OF NON - CONFORMING SIGNS. 9705.4. NOTICE TO OWNERS OF NON - CONFORMING SIGNS. SECTION 9706. 9706.1. 9706.2. NON- CURRENT, ABANDONED OR UNSAFE SIGNS. NON- CURRENT SIGNS. UNSAFE SIGNS. ARTICLE IX, CHAPTER 7 SIGN REGULATIONS SECTION 9701. GENERAL PROVISIONS. SECTION 9701.1. TITLE. This Chapter shall be known and cited as the "Sign Regulations of the City of San Luis Obispo." SECTION 9701.2. PURPOSE. These regulations are intended to: A. Protect and enhance the character and natural beauty of the community and its various neighborhoods and districts. B. Protect those uses which are adequately and appropriately identified from too many and too large signs in their environs; C. Protect commercial districts from sign clutter; D. Protect the public's ability to identify uses and premises without confusion; E. Eliminate unnecessary•distractions which may jeopardize pedestrian or vehicular traffic safety; F. Assure the maintenance of signs; and G. Implement the community design objectives expressed in the General Plan. SECTION 9701.3. SCOPE. It is unlawful for any person to construct, maintain, display, or alter or cause to be constructed, maintained, displayed, or altered, a sign within the City except in conformance with this Chapter. SECTION 9701.4. DEFINITIONS. As used in this Chapter, the following terms and phrases shall have the indicated meanings: Area o.f 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 area of signs on a site is the greatest area of sign faces which are visible from any one point. Billboard means a sign..structure which is made available for lease or rent. Building face means the whole of a building visible in an elevation of the building excluding sloped roof surfaces. Bulletin board means a sign which accommodates changeable copy and which displays information on activities and events on the premises. Directory sign means a sign identifying the location of occupants of a building or group of buildings which are divided into rooms or suites used as separate offices or studios. Exterior - illuminated sign means any sign any part of which is illuminated from an exterior artificial light source mounted on the sign, another structure, or the ground. Free - standing sign means a sign not attached to any buildings and having its own support structure. Group quarters means a residential facility in which residents do not occupy individual dwelling units. Identification sign means any sign identifying an occupant, apart- ment, residence, school, church, or certain business uses and not advertising any product or service. Interior - illuminated sign means a sign any part of which has characters, letters, figures, or any portion of the sign face or outline thereof illuminated from an interior light source. Height of sign means the vertical distance from average adjacent ground level to the top of the sign including the support structure and any design elements. Lot frontage or 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. 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 theatre or hotel). Mission Plaza means the area bounded by Chorro Street, Higuera Street, Broad Street, and Monterey Street, excluding the faces of buildings which front on said streets. Monument sign means a sign which is completely self - supporting, has its base on the ground, and is generally rectangular in form.. Non - illuminated sign means a sign with no internal or external artificial light source and only incidentally illuminated by ambient light conditions. Non - residential zone means any zone other than an R -1, R -2, R -3, R -4, or R -H zone. N Temporary sign means any sign which remains in use not more than sixty (60) days or such other period limited to the duration of a condition or activity specified in this Chapter. Wall sign means a single faced sign painted on or attached to a building or wall, no part of which extends out from or above a wall more than six (6) inches. Window sign means a sign displayed within a building or attached to the interior of a window but visible through a window or similar opening for the primary purpose of exterior visibility. 0 SECTION 9702. SIGN REGULATIONS. SECTION 9702.1 PERMIT REQUIRED. No sign shall be constructed, maintained, displayed or altered within the City except pursuant to a sign permit obtained as provided in this Chapter, unless the sign is specifically exempted from permit requirements. SECTION 9702.2. • 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 building, plumbing, or electrical permit. See Section 9703.2.) Off- premise sign means any sign which directs attention to a business, service, product, or entertainment not sold or offered or only inci- dentally sold or offered on the premises on which the sign is located. Person means any individual, partnership, corporation, association, or government or any other legal entity. Planned residential development means a residential use developed in accordance with Planned Development District regulations of the Zoning Ordinance. 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. 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. 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. Railroad Square means the area bounded by High Street, Santa Barbara Street, Church Street, and the Southern Pacific Transportation Com- pany railroad right -of -way. Roof sign means any sign located on or attached to and extending above the roof of a building. Shopping center means five (5) or more stores with a minimum area of fifty- thousand (50,000) square feet, three - hundred (300) feet of frontage and common off - street parking. Second story means the highest point of the second floor of a building. Sign means any visual device or representation designed or used for the purpose of communicating a message or identifying or attracting atten- tion to a premise, 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. Sign face means.the visible sign proper including all characters and symbols (excluding essential structural elements which are not an integral part of the display) and including non - structural frame. Sign area: see "area of sign." Suspended sign means a sign attached to and located. below any permanent eve, roof, or canopy. A. Official federal, state or local government flags, emblems, and historical markers. B. Official federal, state or local government traffic, directional, and informational signs and notices issued by any court, person, or officer in performance of a public duty. C. Temporary signs warning of construction, excavation, or similar hazards so long as the hazard exists. D. One temporary sign not exceeding sixteen (16) square feet used to indicate owner, builder, architect, and pertinent data regarding building construction on the building site during construction only. - E. Temporary holiday decorations. F. Temporary political signs not exceeding three (3) square feet total for..each property in residential zones and ten (10) square feet total for each property in non - residential zones. G. Temporary signs indicating that the property on which the sign is located is for sale, rent, or lease. Only one such sign is per- mitted to face on each street adjacent to the property. Such signs may be single or double faced and are limited to three (3) square feet or less on property in residential zones and ten (10) square feet or less on property in non - residential zones. H. "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 one - hundred (100) feet or in compliance with the requirements of law. \ I. Identification signs for residences limited to not more than one square foot for each residence. J. Parking lot and other private traffic directional signs each not exceeding five (5) square feet in area and limited to guidance of pedestrian or vehicular traffic within the premises on which they are located. K. Miscellaneous permanent information -signs in non - residential zones, with an aggregate area not to exceed three (3) square feet at each public entrance nor ten (10) square feet total, indicating address, hours and days of operation, whether a business is open or closed, credit information, and emergency address and telephone numbers. L. For each service station; not more than one free - standing price sign for each frontage not exceeding twenty (20) square feet each, located on the premises,but not within.required street yard areas. M. Bulletin boards not over twenty -four (24) square feet in area and ; six (6) feet in height, for public, charitable or religious in- stitutions. N. Temporary window signs. SECTION 9702.3. PROHIBITED SIGNS. In addition to any sign not specifically in accordance with this Chapter, the following signs are prohibited: A. 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, mis- lead, or confuse pedestrian or vehicular traffic. B. 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. C. 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. D. Private signs, other than permitted projecting signs, located on or extending over public property without a valid encroachment permit. E. Signs erected without the permission of the owner, or his agent, of the property on which'such sign is located. F. Temporary signs visible from a public street attached to or placed on merchandise or materials stored or displayed outdoors. G. Highly reflective and fluorescent painted signs. H. Any sign which does not conform with the following clearance. requirements, provided that further restrictions adopted by the California Public Utilities Commission shall be followed: Minimum Clearance of Signs from Conductors Less Than Greater Than or Equal 750 Volts to 750 Volts Vertical Clearance Above Sign 3 feet 8 feet Below Sign 3 feet Prohibited Horizontal Clearance From Conductors 3 feet 6 feet From Poles 4 feet 6 feet SECTION 9702.4: SPECIAL PURPOSES. Unusual site conditions or other design factors may warrant types, heights and sizes of signs not otherwise permitted by these regulations. The following signs shall require approval of the Architectural Review Commission: A. Signs consisting of or containing any moving, rotating, flashing or otherwise animated light or component. B. Roof signs which do not extend above.the highest point of the roof. C. Any individual sign, or combination of all signs on any one property, which exceeds the height or area limitations of the sign standards hereinafter prescribed for the zoning district in which the property is located. D. Off- premise signs including billboards. E. Any other visual device which does not, in the discretion of the Community Development Director, comply with the purpose of this Chapter or the intended interpretation -of these standards. Application to the Architectural Review Commission shall include reasons or exceptional circumstances which warrant consideration for exceeding these standards (e.g., non - conforming use, visual obstruction, unusual building location on site, etc.). The Architectural Review Commission may approve, deny or modify an application. SECTION 9703. SIGN PERMITS. SECTION 9703.1. APPLICATIONS. Any person desiring to construct, maintain, or display a sign for which a permit is required shall submit an application to the Department of Com- munity Development. Such application shall include plans, drawings, and other descriptive material sufficient to depict the sign proposal, as well as all other proposed or existing signing on the same property, and to enable evaluation.of the proposal's conformance with the sign regulations. Authorization of the property owner shall be required to submit a sign permit application. SECTION 9703.2. BUILDING PERMITS. Sign permit applications shall be routed to the Chief Building Official. When, in his determination, a separate building; electrical or plumbing permit is required, the applicant shall be notified and the sign permit shall not be issued until such other permits are obtained from the Building Division of the Community Development Department. SECTION 9703.3. ACTIONS OF COMMUNITY DEVELOPMENT DIRECTOR. Within fifteen (15) days of receiving a proper application for sign permit which is not contingent upon action by the Architectural Review Commission or the issuance of other permits, the Director of Community Development shall in writing approve, conditionally approve, or deny the application. The Director may impose only such conditions as will.-assure compliance with the provisions of this Chapter. SECTION 9704. SIGN STANDARDS. For individual sign proposals not subject to architectural review, all signs shall conform to the following standards for the zone district in which they are located. For new construction or major remodeling, signs approved as a result of architectural review as provided in Article IX, Chapter 5 of this Code, shall be constructed, maintained, and displayed as indicated in the plans approved by the Architectural Review Commission. The Architectural Review Commission may impose more restrictive requirements in order to fulfill the purposes of this Chapter; it may also, upon demonstra- tion of exceptional circumstances, approve signs which exceed these standards. SECTION 9704.1. RESIDENTIAL ZONES. A. The following signs are permitted within the unclassified (U), Agricultural /Conservation (A /C), Public Facility (PF), Low Density Residential (R -1), and Medium Density Residential (R -2) Zone Districts: (1) One identification sign not exceeding one square foot in area for each dwelling unit. (2) One non- illuminated identification sign not exceeding ten (10) square feet for each frontage of a planned residential development, multiple family building, group quarters or institutional use. B. The following signs are permitted within the Medium -High Density Residential (R -3) and -High Density Residential (R -4 and R -H) Zone Districts: (1) One identification sign not exceeding one square foot for each dwelling unit. (2) One identification sign not exceeding ten (10) square feet for each frontage of a planned residential development, apartment or condominium complex, group quarters, or insti- tutional use. SECTION 9704.2. OFFICE ZONE. The following signs are permitted within the Professional Office/ Residential (P -0) Zone District: A. Signs for residential uses as provided in Section 9704.1. B. Total area of all signs for professional office uses shall not exceed fifty (50) square feet, including: (1) One free - standing sign not exceeding - twenty -four (24) square.. feet in area•or eight (8) feet in height. (2) One wall sign not exceeding five percent (5%) of the building face or twenty -five (25) square feet, whichever is less, for each frontage and not including interior illuminated.signs. (3) One directory sign which is not interior illuminated and not exceeding one square foot for each room or suite occupied as a unit. SECTION 9704.3. COMMERCIAL AND INDUSTRIAL ZONES. A. Signs for residential uses as provided in Section 9704.1. B. The following signs are permitted within the Neighborhood Commercial (C -N) Zone District. Total sign area, exclusive of shopping center identification signs, not to exceed one hundred (100) square feet, including.: (1) One free - standing sign not exceeding twenty -four (24) square feet in area or twelve (12) feet in height, for uses not located within s shopping center. (2) One wall sign per business or tenant for each frontage or building face having a public entrance not to exceed ten percent (10 %) of the building face area occupied by the business or tenant and not to exceed fifty (50) square feet. C. The following signs are permitted in the Retail Commercial (C -R) Zone District. Total area of all signs on one premises, exclusive of shopping center identification signs, shall not exceed two hundred (200) square feet. The following types of signs may be placed on each frontage or building face having a public entrance: (1) One wall sign ,per business or tenant not to exceed fifteen percent (15 %) of the building face, nor to be located above second story and each not to exceed one hundred (100) square feet. (2) One suspended sign not to exceed ten (10) square feet. (3) One projecting or marquee sign not to exceed twenty -four (24) square feet. (4) One directory sign as provided in Section-9704.2.B(3). D. The following signs are permitted within the Service Commercial (C -H), Research Manufacturing (M -R), and Industrial (M) Zone' Districts. Total area of all signs shall not exceed two hundred (200) square.feet, including: (1) One wall sign for each frontage or building face having a public entrance not to exceed fifteen percent (15 %) of building face and not to exceed one hundred (100) square feet nor to be located above the second story. (2) One free - standing sign not exceeding fifteen (15) feet in height or seventy -two (72) square feet in area. (3) One off - premise sign not to exceed two hundred (200) square feet in area or twenty -five (25) feet in height,..provided that a use permit is first obtained pursuant to Section 9200.17 of this Code. E. The following signs are permitted within the Tourist Commercial (C -T) Zone District. Total area of all signs shall not exceed two hundred (200) square feet, including: (1) Same as Section 9704.3.D for all uses except those listed below: (2) For motels, restaurants and service stations: (a) Wall signs not to exceed seven percent (7%) of building face, nor to be located above second story and each not to exceed one hundred (100) square feet. (b) One free - standing sign not to exceed twenty -five (25) feet in height or seventy -two (72) square feet area. F. Shopping Center Identification Signs: With Architectural Review Commission approval, in addition to the signs permitted for individual tenants or businesses, shopping centers may have one identification sign per frontage (or freeway exposure) not to exceed twenty -five (25) feet-in height or seventy -two (72) square feet in area. Such shopping center signs shall not be included in the dimensional or area calcu- lations for individual tenants or businesses. G. Mission Plaza and Railroad Square: All signs within Mission Plaza and Railroad Square require approval by the Architectural Review Commission as provided in Article IX, Chapter 5 of this Code. Signs within these districts shall contribute to the historical themes and design character of their settings. The Architectural Review Commission may allow types of signs other than those permitted in the zone district standards within these special districts when such signs are part of a unified design plan which furthers the purposes of this Chapter. H. Yards: Except as provided in this Chapter, no signs shall be allowed within the required yard area. Traffic directional signs and identification signs not exceeding three (3) feet in height may be placed in the required yard area. (See Section 9704.4.B.) SECTION 9704.4. GENERAL STANDARDS. The following standards apply to signs located in all zone districts: A: Illuminated signs: Lighting for exterior illuminated signs shall be so arranged that.it does not create a hazardous glare for pedestrians or vehicles either in a public street or on any private premises. Each sign shall be designed so that illumination. ..does not exceed ten (10) candle power at a distance of ten (10) feet from the sign. B. Free- standing and monument signs: Monument signs may be used where free- standing signs are permitted by the provisions of this Chapter. Such monument signs shall have the same area limitations as free- SECTION 9705.3. AMORTIZATION OF NON - CONFORMING SIGNS. A. Signs which do not conform to the provisions of these regulations but which lawfully existed and were maintained prior to (the effective date of this chapter): shall be removed or made to conform within sixty (60) days written notice by the Department of Community Development, in accordance with the following schedule: Original Value of Sign Less than $500 $500 to $999 $1,000 to $2,999 $3,000 to $5,999 More than $6,000 Amortization Period One year Two (2) years Four (4) years Eight (8) years Ten (10) years B. The time periods in the above schedule shall commence (upon the effective date of this chapter.) C. If a sign becomes non - conforming due to the amendment of these regulations the period for abatement shall be measured from the effective date of the amendment. D. If more than one sign on a premises is or becomes non - conforming, the original cost of all such non - conforming signs shall be aggregated for the purpose of determining the amortization period. E. The owner or user of a non- conforming sign shall, upon written request of the Department of Community Development, furnish acceptable proof of the initial cost in the form of (1) an original bill of sale, (2) a depreciation schedule from state or federal income tax returns, or (3) a written appraisal by a sign manufacturer. SECTION 9705.4. NOTICE TO OWNERS OF NON - CONFORMING SIGNS. A. Within one year of (the effective date of this chapter) the Community Development Department shall give written notice to the owners of signs which do not conform to the provisions of Ordinance No. 379, adopted August 7, 1967, informing them of the, nature of the non - conformity and of the City's intent to enforce Section 9705.1 of these regulations. B. Within one year o� (the effective date of this chapter) the Community Development Department shall give written notice to the owners of signs which do not conform to.the provisions of these regulations informing them of the nature of the non- conformity, their responsibilities under Section 9705.3.E, and of the City's intent to enforce Section 9705.3 of these regulations. standing signs but shall not exceed one -third (1/3) the height of allowed free - standing signs. Monument signs shall not be placed so as to obstruct visibility necessary for safe vehicular and pedestrian circulation, but may be placed in required street yard and /or setback areas. C. Projecting and suspended signs: Projecting signs, including marquee signs and suspended signs, shall conform to the following requirements: (1) The minimum clearance between the lowest point of a sign and the grade immediately below shall be eight (8) feet. (2) The minimum horizontal clearance between a sign and the curb line shall be two (2) feet; the maximum projection over a public sidewalk shall be two - thirds (2/3) the width of the sidewalk or six (6) feet, whichever is less. (3) The top of a projecting sign shall not exceed the height of the face of the building by which it is supported. D. Wall Signs: The distance between the highest point of a wall sign and the grade immediately below shall not exceed twenty -five (25) feet SECTION 9705. NON - CONFORMING SIGNS. SECTION 9705.1. ABATEMENT OF PREVIOUS NON - CONFORMING SIGNS. Signs which existed as non - conforming signs under the provisions of Ordinance No. 379, adopted August 7, 1967, and which do not comply with the provisions of this Chapter, shall be abated according to the schedule for such signs established in said ordinance, and the adoption of this Chapter shall in no way extend such original abatement period. SECTION 9705.2. ABATEMENT OF NON - CONFORMING SIGNS. Signs which do not conform to the provisions of this Chapter but which lawfully existed and were maintained prior to (the effective date of this Chapter) shall be removed or made to conform within sixty (60) 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 (1/2) of its replacement value at the time the damage,.occurs; or C. In accordance with the amortization schedule outlined in Section 9705.3. SECTION 9706. NON- CURRENT, ABANDONED OR UNSAFE SIGNS. SECTION 9706.1. NON- CURRENT SIGNS. 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 three (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 thirty (30) days written notice by the Community Development Department. SECTION 9706.2. UNSAFE SIGNS. Any sign that, in the opinion of the Chief Building Official,.is unsafe or insecure, shall be deemed a public nuisance and shall be cor- rected or removed, together with any supporting structure, by the owner of the property on)which the sign is located, within thirty ('30) days written notice by the Community Development Department.