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Ordinance 873 ORDINANCE NO. 873 ORDINANCE OF THE CITY OF GILROY ADOPTING SECTION 68 OF THE ZONING ORDINANCE REGULATING THE SIZE, LOCATION AND OTHER CHARACTERISTICS OF SIGNS WITHIN THE CITY OF.GILROY AND REPEALING ALL SECTIONS OF THE CITY CODE AND THE.ZONING ORDIANCE IN CONFLICT THEREWITH. WHEREAS, the Planning Commission of the City of Gilroy has on its own motion studied the advisability of amending the Zoning Ordinance of the City of Gilroy so as to provide comprehensive regulation of the size, location and other characteristics of signs within the City of Gilroy; and WHEREAS, the Planning Commission of the City of Gilroy has given due notice of public hearings upon the proposed amendment in accordance with the Zoning Ordinance of the City of Gilroy, has held the hearings, and has made its report to the Council of the City of Gilroy, in which it recommends that Section 68 of the Zoning Ordinance be adopted so as to provide for such regulation of all signs within the City; and WHEREAS, the Council of the City of Gilroy has fixed the 3rd day of November, 1969, at the hour of 8:00 o'clock p.m. in the Council Chambers in the City Hall at No. 10 South Rosanna Street, Gilroy, California, as the time and place for hearing the said report and recommendation upon the proposed amendment, and due notice of the said hearing has been given in accordance with the said Zoning Ordinance, and a public hearing has now been held upon the said application, at the time and place fixed in the said notice, before the Council, and the Council having duly considered the proposed amendment and the evidence presented, and has determined that the said Zoning Ordinance should be amended in accordance with the report of the said Planning Commission. d 73 NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Section I. Sections 3.1, 3.7 to 3.14 inclusive, and 20.36 to 20.40 inclusive of the Gilroy City Code are hereby repealed. Section II. The Zoning Ordinance of the City of Gilroy is hereby amended by repealing Sections31.8(c), 32.1(c), 32.8(d), 41.8(c) and 68 of said Ordinance. Section III. The title of Chapter 20, Article VI and Section 20.34 of the Gilroy City Code are amended to read as follows: ARTICLE VI. SIDEWALK OBSTRUCTIONS. Sec. 20.34. Sidewalk exhibition of fruit and merchandise prohibited; exception. No person owning or occupying any building or premises fronting upon any public street in the city shall place, or cause to be placed, kept or maintained for sale or exhibition any fruit, vegetables, goods, wares or merchandise of any kind on any sidewalk in the city; provided, that merchants, tradesmen and persons engaged in receiving, forwarding and expressing goods and other commodities, may use a portion of the sidewalk in front of their respective places of business for depositing such goods or commodities for a period of time not exceeding four hours in anyone day. Section IV. The Zoning Ordinance of the City of Gilroy is hereby amended by adopting Section 68, SIGN REGULATIONS, the full text of which consisting of twenty-four (24) pages is attached hereto and incorporated herein as if fully set forth. Section V. All other ordinances and parts of ordinances in conflict herewith are hereby repealed. -2- Section VI. This ordinance shall take effect and be in full force thirty (30) days from and after its passage and approval. PASSED AND ADOPTED this 17th day of November, 1969, by the following vote: AYES: COUNCILMEMBERS: DUFFIN, KENNEDY, PATE, SILVA, WENTWORTH and GOODRICH NOES: COUNCILMEMBERS: BATREZ ABSENT: COUNCILMEMBERS: None APPROVED: ._~' 6/~' j , / , /h~v ' Mayor ATTES1: , " ....-) ,- / 'i '.' //Zt:7(<,YPk' V " City Clerk -f"'1'-~-- ))({.C"t.iY~ ( ) -<. I ! i I . -3- . .. J' " .. I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do he'e.by certify that the attached Ordinance No. 873 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of November , 19~, at which meeting a quorum was present. ... ..r. .-' ~ .. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 11th day of December , 19~. . C! q' Q) U/Jc:/l/l/Ju_./:/i ;0 !t~?Z,';~.i. ~ity Clerk of the City of Gilroy . Sec. 68 SIGN REGULATIONS 68.1 Purposes and Scope: The purposes of these regulations are: (a) To provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the location, placement, size, numbers, surface area, illumina- tion, materials, and maintenance of signs and sign structures. (b) To preserve the natural beauty of the city and to maintain the orderliness of the community's appearance. (c) To ensure that signs will be designed as a part of the archi- tectural and landscape design of all properties so as to enhance the beauty of the city and implement the beautification goals and policies of the Gilroy General Plan. 68.2 Application: The provisions set forth herein shall apply in all Zoning Districts. No sign, outdoor advertising structure, billboard or display shall be erected, installed, located or maintained in any Zoning District of the City of Gilroy, including within or above any public street or railroad ri:ht-of-way, except in conformity \~ith these regulations. 68.3 Definition: (a) Sign shall mean any writing, pictorial representative, symbol, registered trademark, flag (other than the U.S. or California flags) or any similar figure used to identify, announce, direct attention, or advertise or communicate, together with any material or color forming an integral part of the display or used to differentiate the sign from the background, which is located on private or public property and is visible from outside a building. -1- , , .. A sign shall include all parts, portions, units and materials, together with frames, delineated background, structure, support or anchorage for same, which is temporarily or permanently placed, erected, constructed, posted, painted, tacked, nailed, glued, carved, hung, strung or otherwise fastened or affixed to the ground or to any post, fence, building structure, wall, roof or tree. (b) Area of a sign shall be its projected plane area as determined by simple mathematical process. The area of irregularly shaped signs which cannot be readily determined by simple mathematical formulae shall be that area as determined by circumscribing the exterior limits of the mass of the sign with straight lines connect- ing all extreme points. The area of a double-faced sign shall be computed on the basis of one face only. In computing maximum per- missible sign area, all signs designed or likely to be seen from off the premises upon which the signs are located or proposed to be located shall be included in determining conformance with this Ordinance. 68.4 Classification of Signs: Signs shall be classified by physical type and content. (a) Physical types of Signs (I) Projecting Sign - shall mean a sign other than a wall sign which projects from and is supported by a walt or roof of a building, structure or sign structure, and projects beyond the edge of a building roof. (2) Roof Sign - shall mean a sign erected upon a roof or top of parapet of a building or structure. -2- (3) Portable free-standing sign and/or IAI type sign - shall be a sign that is designed to be movable and is not struc. turally attached to the ground, a building, a structure or any other sign. Such sign mayor may not be in the configur- ation of an 'AI. (4) Wall Sign - shall mean any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall, and not projecting laterally beyond the eaves or the bu i 1 ding face. (5) Double-faced Sign - is any sign designed to be viewed from two directions and which at no point is thicker than twenty- four (24) inches measured from the exterior surface of each face and the two faces of the sign are either parallel or the angle between them is thirty (30) degrees or less. (6) Marquee - is a permanent roofed structure attached to and supported by the building. (7) Temporary Sign - shall include any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a period of not more than forty five (45) calendar days. (8) Free Standing Sign - A sign supported by a column or columns, uprights or braces and erected on the ground. (9) Window Sign - A temporary or permanent sign placed in a window, wholly or partially obstructing vision through that window. -3- " , (b) Content of Signs (1) Accessory Sign - a sign which, separately from a Business Identification Sign, announces or advertises a product, commodity or service principally offered or provided on the premises. "Accessory Sign" also includes a sign announcing or advertising a rating or special status of the business conducted upon the premises. (2) Advertising Sign - A sign which directs attention to a business, profession, commodity, service or entertainment, which is conducted, sold or offered elsewhere than on the same lot or parcel upon which the sign is located. (3) Business Identification Sign - A sign which identifies, announces, endorses or provides direction or other necessary information about the principal business, industry, profession, product, service or entertainment conducted or offered upon the lot or parcel where the sign is located. (4) Civic Sign - A sign which identifies or states the location of, describes the services available or performed upon, describes the function of, describes the activities conducted upon, or states the conditions or use of, premises or facilities used, maintained or owned by any governmental entity, educational Institution, society or association, religious society or association, church, recreational society or association, medical institution, group or society or public utility. -4- ,'.. l (5) Development Sign - A sign of temporary nature which announces anticipated sale, lease, rental or the character of facilities being constructed or altered, or which identifies persons or firms engaged in the promotion, design, construction or alteration the reof . (6) Directional Sign - A sign which directs, facilitates or controls the efficient or safe movement of pedestrians or vehicles. (7) Realty Sign - A sign of a temporary nature which pertains to the sale, lease, rental, or display of existing lots or buildings or other facilities. (8) Residential Sign - A sign which conveys the name or address of the residential facility on the same lot or parcel or the name of the resident. 68.5 Sign ~ermits: Permits shall be required for all signs in Gilroy, except as otherwise provided. Prior to issuing a permit for any sign regulated herein, the Director of Public Works shall deter- mine that the various criteria set forth herein apply to a particular sign application, and if al1 the provisions set forth herein are met, he shall issue a permit within seven (7) days following the filing date of the application for a sign permit. All applications for sign permits shall be accompanied by sketches and diagrams of suitable scale and clarity to fully describe the design, dimensions, proposed placement, structural and electrical characteristics and appearance of the sign or signs. All per- manent signs shall display a permit number in letters large enough to be read from the ground. -5- 68.6 Permit Expiration: If the work as authorized under the properly approved sign permit has not been completed within six (6) months after the date of its issuance, such permit shall become null and void. If after six (6) months from the date of the issuance of a sign permit, any portion of the sign has been erected and the construction work thereon is not completed, the Director of Public WOrks may cause the removal of such partially completed sign as provided in Sec. 68.24 of this Ordinance. 68.7 Design of Signs: In proposing signs, applicants shall give explicit attention to d~signing and locating signs so as to ensure harmony with the existing or proposed architecture and landscape design of the property upon which the sign is to be situated. Sign permits shall not be issued where the Director of Pub Ii c "Jorks finds that a proposed sign, wh it e otherwi se conforms to this ordinance, falls to contribute to the beautifi- cation of the City. All signs denied by the Director of Public Works shall be automatically reviewed by the Planning Commission and their decision shall be final. 68.8 Fees: The fees for sign permits, plan checking and Planning Commission review shall be established and may be changed from time to time by resolution of the City Council. In the adoption of such resolution, the Council may prescribe bond -6- ,'.~ f requirements for the issuance of sign permits to insure proper cpnstruction, maintenance and ultimate removal of signs in accordance with the terms of permits therefor granted pursuant to the provisions of this Ordinance. The Planning Commission shall prescribe what information shall accompany an application for a sign permit, and the form of the applica- t i on. 68.9 Signs in Residential Areas: Only the signs meeting the follow- ing standards will be permitted: A sign permit will not be required unless specified. (a) A name plate not exceeding one (1) square foot in area pertaining to a home occupation or to indicate the occupant I s name. (b) On-site directional signs designating special areas or features of a multi-family development or for safety directional purposes,provided no such sign exceeds three (1) s~u~re'feut in ar3A nor excJcds four (4) feet in height. (c) Temporary signs pertaining to the sale, lease, r~ntal or display of a structure or of land shall not exceed four (4) square feet in area nor be illuminated and shall be located on the property and not within the street right of way. Temporary signs to permit subdividers and developers to advertise and sell real estate in a resi- dential area may be approved subject to securing a Sign Permit. Temporary signs advertising a contractor, sub- contractor, architect or engineer actually engaged in or connected with constructton on a building site shall not be larger than 3 square feet in area. All such signs -7- '. . shall be removed within (30) days after completion of the phase of construction advertised by the sign. All temporary signs shall be removed within 14 days from the date of occupancy or acceptance. (d) Not to exceed one (1) free-standing house number or apartme".t building identification sign per multi-family complex, not to exceed six (6) square feet in area, not illuminated and not rotating, and not to exceed four (4) feet in height, provided it is set back at least ten (10) feet from the front property line, or an identification sign not exceeding eight (8) square feet in area with letters not more than six (6) inches In height, not Illuminated, located flat against a wall and not projecting above the cornice or roof line of a permitted use, or of a conditional use which occupies a structure or located on the premises of a conditional use which does not occupy a structure, provided that no sign shall be located In or project into a required front, side or rear yard. (e) A church bulletin board not exceeding six (6) feet in height nor four (4) feet In width, not rotating, and with controlled lighting, which shall serve only to identify a church and announce its services and activities, and which shall be located on the site of the church and may be located in a re- quired front or side yard, but no closer than ten (10) feet to any street line and no closer than five (5) feet to any side property line. -8- 4 " 68.10 Signs in Commercial, Industrial, Quasi Public or Agricultural Farm Product Areas: Only the signs meeting the following standards will be permitted, provided that all other applicable provisions of this ordinance are also complied with: (a) Location of signs. Permitted signs may be erected upon posts, buildings or structures subject to compliance with all of the other provisions of this ordinance, and shall be erected upon the premises occupied by the person or business to be identi- fied or advertised by such signs. The location of all signs shall be in compliance with the Building, Electrical and Fire Prevention Codes of the City as amended. (b) Maximum permissible sign area for all signs, on one parcel of property, including free standing sisns, but excluding master shopping center signs. The maximum permissible total area for signs for commercial, office or industrial activities shall be the largest of the following within the maximum permitted area: (1) Gen~raj Commercial District (a) Two (2) square feet for each lineal foot of each elevation fronting on a street or alley. (b) 12% of the area of each building elevation fronting on a stre~t or .::1 :(:;"'/ used by the occupant. The mm~jn:'h"(l p~rfT1:ttcd sign area in the General Commercial District !;:!1;:t:l :)~ jc:O !;:ql:~~,) feet for each building elevation frontinD on a str~et cr aj 1i!-'1 I..<;~d hy the occupant. (2) Nei~hb0rhood Commercial District (a) One and one-half (I 1/2) square feet for each lineal foot of each elevation of building fronting on a street or alley used by the occupant. -9. (b) 8% of the area of each building elevation fronting on a street or alley used by the occupant. The maximum permitted sign area in the Neighborhood Com- mercial District shall be 75 square feet for each building elevation fronting on a street or alley used by the occupant. (3) Industrial District (a) One and one half (I 1/2) square feet for each lineal foot of each building frontage. The building frontage shall be measured only on the side that the sign will be placed upon. (4) Signs in zones not noted in this ordinance shall be per- mitted by conditional use permit only. (c) Maximum projection into public street, alley, or identifiable pedestrian way = 12 inches. (d) Master Shopping Center sign or group sign shall be permitted if there are at least four occupants in a building or shopping center and may be permitted in addition to the maximum area of signing permitted under section 68.10 (b) subject to securing a conditional use permit. (I) Said signs shall be calculated at the rate of I 1/2 square foot of sign per parking space and; (2) 75% of the area calculated will be permitted at the pro- ~erty line with an increase of 1% for each foot the sign is set back from the property line. (3) Maximum sign area shall be 350 square feet. (4) Maximum height not to exceed 60 feet. -10- .. 68. 11 ", (e) Maximum sign area for professional office uses in the P.O. District shall be the aggregate of: (1) 4 square feet plus; (2) 1 1/2 square foot per tenant or office plus; (3) Small door plates with name or number of each tenant or near each door. Such signs shall be uniformly lettered and maintained in a neat and orderly appearance. (f) Maximum height limitations: Not to exceed 5 feet above the maximum height for structures as set forth in the applicable zoning districts of the Zoning Ordinance, but In no case to exceed 30 feet nor 8 feet in P. O. District except In a free- way orientated zone or a master shopping center sign. (g) Maximum thickness of wall signs: 12 inches where the building abuts the property line and 1811 Inches elsewhere. (h) Credit card and Trading stamp signs: One additional sign per business, which shall contain all credit card and trading stamp emb I ems ; total area of sign not to exceed 7 square feet. More than one individual cred it card or trading stamp sign.will not be allowed. (I) Maximum number and area of free-standing signs: One per business subject to a conditional use permit by the Planning Cnmr;!ission. T!ie area 5:1311 :je included in the maximum area allowed under section 68.10 (b). Permitted Signs for Special Uses: (a) Mobile Home Parks: One per park, not to exceed 8 feet In height nor 40 square feet In area and not to project into any right-of-way. -11- .. , ., . I (b) Service Stations: 1) Maximum permissible sign area for all signs except in (2) (3) and (~) h.elow shall he Ion square feet; this may include one free standing si"n not to exceed 30 feet in height plus; 2) One ground sign per station frontage not to exceed 15 square feet in area, located so as not to obstruct free and clear vision of traffic or traffic signs and devices; plus 3) One freeway sign (if the service station is within 660 feet of the nearest point of access on a freeway) not to exceed 65 feet in height nor 250 square feet in area. All freeway signs shall be approved by conditional use permit and shall conform to the outdoor 3dvertizlng Act of the State of Cal ifornia. 4) Signs advertising items such as batteries, tires and other accessories or products will only be allowed within the build- Ing. 5) Free standing signs containing gasoline or diesel prices will not be allowed. Price signs shall be ground signs as noted in section (2) above. 6) Credit card signs - Shall be the same as Sec. 6S.10 (h). (c) Motels: Maximum of 2 square foot of sign area for each living unit but may be at least 40 square feet with a maximum of 100 square feet of area or up to a maximum of 150 square feet by Use ?ermit. (d) Signs adjacent to Freeways (excluding service station signs): No advertising signs permitted within 660 feet of freeway or rail right of way line; On site business identification signs permitted subject to the other provisions of this Ordinance, with a maximum of 100 square feet of area permitted for any -12- t l'", . one free-standing sign and a maximum of one such sign per use provided the land area of the parcel exceeds 20,000 square feet; or up to 150 square feet by Use Permit. Maximum height for signs in this zone shall be 65 feet. (e) One offsite directional si]n will be allO\AJed for each cllurch. Saicl signs shall ~e approved by the 1irector of Public !~rks. 68.12 Prohibited Signs: Except as otherwise provided in this Ordinance the following signs shall be prohibted throughout the City of Gilroy: (a) Signs on the roof of a structure except as noted in (b). (b) Signs projecting more than 36" above the lowest edge of a Gable or Mansard type roof. (c) Flags, banners, and colored objects designed to rotate or move with the wind, except for flags flown with the flags of the '.lnited States of r-\l'1erica and the State of C.:difornia on a flagpole for which a building permit has been issued. (d) Lighted signs that flash on and off, or that rotate more than 6 rpm, except barber :>oles \,,:hich ,"i II be al10ltJed. (e) Lighted signs whose surface brightness is a detriment to surrounding property or prevents the peaceful enjoyment of life or presents a conflict with safe traffic movement. (f) Any sign which has a design or lighting such that it might be mistaken for a traffic light or signal. (g) Any sign which because of its location would prevent free ingress to or egress from any door, window or fire escape, or would obstruct an outward view from any living area. (h) Any signs attached to a standpipe or fire escape. (i) Signs located in such a manner as to obstruct free and clear vision or the view of any authorized traffic sign, signal or device. -13- ... 10;-.. . (j) Signs projecting into a public street more than 12 inches. (k) Signs projecting into a public right-of-way having less than eight (8) feet clearance between the lowest edge of the sign and the sidewalk grade. (1) Signs projecting into a public street area used by vehicular traffic having less than fifteen (15) feet clearance between the lowest edge of the sign and the street grade. (m) New signs painted or existing signs repainted directly on any building or structure unless conforming to the requirements of this section. (n) Any billboard or advertising sign in any district. (0) Placards, posters, announcements and similar signs posted or attached to any fence, pole, tree or any other object in a public thoroughfare, except those of an official nature authorized by a city ordinance. (p) Signs, 'WI boards, structures or merchandise for sale placed on any portion of a street, sidewalk or right-of-way, includ- ing portable signs placed on parked vehicles or trailers, excluding newspaper vending machines which may be permitted. (q) Any sign which because of flashing lights, brilliant light- ing, motion or apparent motion, shape, design, color or re- flected light is a detriment to surrounding property or prevents the peaceful enjoyment of residential uses or presents a conflict with the traffic regulations or traffic safety. (r) Signs within 660 feet of any freeway, parkway, railway or rapid transit line except as otherwise provided in this ordinance. -14- . 68. 13 , " '. (s) Notwithstanding any other provision of this Ordinance, no sign shall be constructed, erected, installed, maintained or re- paired in any manner that conflicts with any rule, regulation or order of the California Public Utility Commission pertain- ing to the construction, operation and maintenance of public utility facilities. (t) All marquee and under marquee signs over public property shall be prohibited. (u) Signs advertising incidental or minor products combined with a business identification sign will not be allowed. Vacant lot Signs, Real Estate Signs and Subdivision Signs (a) Vacant lot Signs and Real Estate Signs other than Residential Areas Only signs attached to posts will be allowed in vacant lots. Such signs shall be subject to the following: Under One Acre The top of the sign shall not be over 4 feet above the ground and shall not be located closer than 10 feet from the front property line; maximum area of such signs shall be 8 square feet. Over One Acre The top of the sign shall not be over 6 feet above the ground and shall not be located closer than 20 feet from the front property line; maximum area of such signs shall be 32 square feet. No permit will be required for vacant lot signs. All signs not conforming to this subsection shall be removed. -15- . " .~ , (b) Subdivision Signs All Signs advertising subdivisions shall be approved by the Plannin~ Commission. I) Such signs shall not be more than 100 square feet in area nor more than 12 feet in height. 2) Small directional subdivision signs will be allowed. Size shall be approved by the ~lanning Conmission. (c) All vacant lot signs, Real Estate Signs and Subdivision signs shalt be kept in good repair and appearance. Such signs shall be removed after two years unless an ex- tension of time is granted by the Planning Commission. 68.14 Awnings: Signs shall not be placed on, attached to, or con- structed on any awning. 68.15 Exceptions: No sign permit will be required for the following sIgns. (a) Professional name plates for each occupant in a pro- fessional or commercial building. (b) Bulletin boards not over ten (10) square feet in area for public, charitable or religious institutions. (c) Memorial signs or tablets, names of buildings and date of erection when cut into masonry surface or when con. structed of bronze or other incombustible material. (d) Traffic or other municipal signs; legal notices, rail- road crossing signs, danger and such temporary, emergency or non.advertising signs as may be approved by the City Counci I. -16- .. ,. 1..-. (e) Temporary signs of a directional nature when for a period of less than twenty-four (24) hours use. (f) One construction sign erected by a building contractor, sub-contractor, architect or engineer while actually engaged in construction of the building, of which he is the owner or for which he has a convect an:: subject to Section 68.9 (c). (g) Special signs for public parades and events for a period not to exceed fifteen (15) days, provided the location and safety of said signs are approved by the Building Inspector. (h) Temporary signs and banners of a civic, charitable, educational or municipal nature not to exceed a period of 45 days, provided approval as to location, size and safety is secured from the Building Inspector. (i) Temporary pennants, banners, and similar advertising devices located over private property to advertise business openings, sales and special promotions, provided same are not maintained for a consecutive period in excess of 45 calendar days, and shall not be replaced by the same or similar signs within 90 calendar days after said removal. (J) Temporary signs on windows of commercial buildings, pro- vided no more than 25% of the window surface is covered, not to exceed 45 days. (k) Political signs shall require a bond guaranteeing their removal within 1~ days after election. The City ~dministrator sh~llset bond. -17- , ,. ~'" (1) Service club signs, provided only one of each composite structures be permitted on each main entrance to the City, and provided the design, size and height be ap- proved by the Planning Commission. (m) Signs identifying the existence or location of public utility facilities, provided said signs conform with al; other provisions of this Ordinance. 68.16 Special Exceptions Permitted: Where it is obvious that the existence of buildings, topography, vegetation, sign struc- tural characteristics, or other conditions existing on the subject or surrounding properties should materially prohibit a proposed sign or signs, which otherwise conform with this Ordinance, from reasonably identifying a particular (or group of) en~erprise~s), the Director of Public Works may recommend an exception only to the height, setback, and area restrictions of this Ordinance. Prior to recommending such an exception, the subject property shall be posted to indicate the nature and extent of the requested exception. In recommending such exception, the Director of Public Works shall indicate the circumstances necessitating such exception and may attach appropriate conditions. The Director of Public Vorks shall report said matter to the Planning Commission for a determination. 68.17 Other Signs: Any signs not otherwise permitted, regulated, or expressly prohibited by City Ordinances shall require review and approval by the Planning Commission under a Use Permit procedure prior to the issuance of a building permit. -18- .. '. . 68.18 Signs on City or Other Public Property: The Planning Com- mission shall review and act upon proposals for signs on City and other public property, taking into consideration the nature and use of the property, the necessity of the sign, and whether the sign would detract from or be in harmony with the public purposes of the city property and with existing or contemplated surrounding development. 68.19 Special Sign Permits: In recognition of situations where the overall signing of any commercial or industrial activity containing at least 10,000 square feet of floor area, or of any building complex on a minimum two-acre parcel, or of a multi-storied building which has one or more uses located above the ground floor area, or of a parcel which contains at least two uses in separate buildings, the Planning Commission may issue a Special Sign Permit in order to allow voluntary diversification in the design and location of signs while in- suring substantial compliance with the sign regulations contained in this Ordinance, provided all of the following findings are made after the holding of a public hearing: (a) All signs and sign structures are related through the use of similar materials, letter style, color, illumina- tion, method of structural support or attachment, sign cabinet design, and/or shape so that a related signing pattern is achieved througout the development. (b) The design of the signs is related to the architectural style of buildings within the development and the character of the surrounding area. -19- , .. ' l~'" ,f (c) Proportional relationships are achieved among the building surface area and bulk and sign element areas. (d) Wall sign copy does not exceed forty percent of the sign surface area or the sign is composed only of skeleton letters and symbols mounted directly to the building. (e) The sign area for wall signs is generally not greater than ten percent of the building facade upon which attached, but may be as large as fifteen percent for major tenants. (f) Signs located above the eave line are integral design features of the roof or building. (g) Under canopy signs may be allowed when such signs do not exceed three square feet in area and are proximate to an entrance opening to the public. (h) The design of free-standing signs incorporates some of the horizontal and vertical elements of the buildings (i.e. materials, color, design details) located within the signing area. The above design allowances may also be granted if it Is de- termined by the Planning Commission that the proposed signing confonms to a unique design theme involving the participation of several adjacent or surrounding commercial entitles, provided each participant agrees in writing to the conditions of approval set forth by the Planning Commission. 68.20 Structural Safety: Every sign and all parts, portions, units and material comprising the same, together with the frame, background, supports or anchorage therefor, shall be manu- factured, fabricated, assembled, constructed and erected as -20- . .. c'" . specified for structures in the Building, Electrical and Fire Prevention Codes of the City as they now exist or may here- after be amended, or as they may hereafter exist. 68.21 Sign Maintenance: Every sign and all parts, portions, units and materials composing the same, together with the frame, background, supports or anchorage therefor, shall be maintained in proper repair and state of preservation. The display surface of all signs shall be kept neatly painted and/or posted. Failure to so Maintain signs shall constitute a violation of this ordinance and removal may be ordered by the Director of Public Works in accordance with Section 68.24 of this ordinance. 68.22 Non-conforming Signs: Signs not conforming with the provisions of this ordinance, but lawfully erected amd maintained prior to the effective date of this ordinance, shall be non-conforming. signs subject to the provisions for alteration or removal thereof set forth herein. 68.23 Removal of Non-conforming Signs: (A) Signs lawfully existing up to 15 years prior to the effective date of this ordinance which do not conform with the provisions herein shall be altered, replaced or removed in order to so conform within the following time periods: (I) Any non-conforming sign the value of which is less than one hundred ($100) Dollars as determined by the Director of Public Works, shall be removed or altered to comply with the provisions of this ordinance not later than one year from the effective date of this ordinance or within 30 days from official notice, if that be greater. -21- ." . ". . (2) Any non-conforming sign the value of which is more than one hundred ($100) Dollars but less than four hundred ($400) dollars as determined by the Director of Public Works, shall be removed or altered to comply with the provisions of this ordinance not later than two (2) years from the effective date of this ordinance or within 30 days from official notice, if that be greater. (3) Any non-conforming sign the value of which is more than four'lundre.:. ($1'\0) dollars but l.ess than one thousand ($1,000) dollars as determined by the Director of Public Works, shall be removed or altered to comply with the provisions of this ordinance not later than three (3) years from the effective date of this ordinance or within 30 days from official notice, if that ~e greater. (!~) Any non-conforming sign the value of which is more than one thousand ($1,000) dollars but less than two thousand ($2,000) dollars as determined by the Director of Public Works, shall be removed or altered to comply with the provisions of this ordinance not later than five (5) years from the effective date of this ordinance or within 30 days from official notice, if that be greater. (~) Any non-conforming sign the value of which is more than two thousand ($2,000) dollars as determined by the Director of Public Works, shall be removed or altered to comply with the provisions of this ordinance not later than seven (7) years from the effective date of this ordinance or within 30 days from official notice, if th~t be greater. -22- ..Ji... {"" '. . (6) In determining the value of any non-conforming sign above $100, the Director of Public Works shall obtain a written estimate of value from a licensed sign contractor. This shall set the valuation of the sign. Should the owner of the sign disagree with this estimate of value, he shall also obtain a written estimate of value, he shall also obtain a written estimate of value from a licensed sign contractor. This shall be submitted to the Director of Public Works along with a statement on the original cost of the sign. if the City and sign owner can not agree on value, the Planning Com- mission shall determine the value of the sign. Their determination shall be final. (B) Any non-conforming sign of whatever value which has been in existence for more than fifteen (15) years prior to the effective date of this ordinance shall be removed or altered within one year of the effective date of this ordinance or within 30 days from official notice if that be greater. 68.24 Removal of Unsafe, Unlawful and Unnecessary Signs: Should any sign regulated herein become unsafe, insecure, a menace to the public, or should it be constructed or erected or main- tained in violation of this section, or should the sign no longer identify or advertise a bona fide business establish- ment, the Director of Public Works may declare the same to not be In conformance with this section, and may direct the removal, repair, or reconstruction of such sign in writing. If action is not begun within fifteen (15) days after receipt of such notice, the Director of Public Works shall set a public hearing before the City Council wherein the aggrieved -23- ,. ," ... ... . " -, , ... , .. . party may show cause before said Council why the work should not be done. Should the City Council order the work to be done, the owner shall have 10 days to accomplish said work. Upon failure thereafter of the owner, agent or person to com- ply with said order, the Director of Public Works shall have the right, and it shall be his duty, to enforce said order to cause the violation to be abated and to cause the violator to be assessed the costs for such abatement through an additional public hearing before the City Council. ID-3-1.::>9 /D-30 -tocr /J-/~-0Cr