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HomeMy WebLinkAboutItem 5.1 Amend Sign Ordinance q00 -3� AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 28, 1986 SUBJECT: PA 84-077 Zoning Ordinance Text Amendment Regarding Sign Regulations. EXHIBITS ATTACHED: A - Revised Draft Resolution Approving the Zoning Ordinance Text Amendment regarding Sign Regulations B - Draft Ordinance Amending Sign Regulations for the City of Dublin RECOMMENDATION: �&V, - Reopen ublic hearing and hear Staff P g ifpresentations. 2 - Take testimony from the public. 3 - Question Staff and the public. 4 - Close public hearing and deliberate. 5 - Adopt a revised Resolution regarding Zoning Ordinance Text Amendment for Sign Regulations (superseding City Council - Resolution No. 39-86), waive reading and introduce the revised Ordinance amending the Zoning Ordinance. FINANCIAL STATEMENT: A Citywide sign survey undertaken upon the adoption of this Ordinance would require additional Staff resources. PREVIOUS ACTION: The initial City Council public hearing to consider the Draft Ordinance Text Amendment regarding the City's Sign Regulations was held on April 14, 1986. At that time the City Council directed that several minor revisions to the Draft Ordinance be made. The City Council then adopted a Resolution regarding the Zoning Ordinance Text Amendment for Sign Regulations, waived the reading and introduced the Ordinance. The requested revisions have been incorporated into the revised Draft Ordinance (see Exhibit B) and include the following revisions: 1. Inclusion of a new entry within the Definitions Section to accommodate the use of Business Signs located off-site from the premises where the business they advertise or identify is located. (See Exhibit B -Section 8-87.10w - Special Easement Sign. ) 2. Modification of the provisions relating to Open House Signs to adjust the enforcement clause by striking the reference to "flagrant" violations. (See Section 8-87.5Os4.) ------------------------------------------------------------------------------ ITEM NO. 4 COPIES TO: PA File 84-077 n.�.. �,..,._.r-s�-r:-''T/l^... ..,;?..:E'+wr.:T.±i'a`, n^rm o-.r-^3."x?75 ??".:-s';"1�"'F:'7;,'°+T g;•e`.°`..r;, . •r.?.^°'...r..; .uT,f".Y.?s!' 1r'r::;-rax�^^^L•"^P;.-M-W..a�. ,_ 3. Modification of the "Signs Requiring a Conditional Use Permit" Section to include a new category to allow processing of requests for the use of Special Easement Signs for use in instances where properties are served by a vehicular easement and lack street frontage (or have non- serviceable street frontage) on which to locate signs. (See Exhibit B - Section 8-87.67d.) 4. Modification of the "Signs Requiring an Administrative Conditional Use Permit" Section to include a new category to allow processing of requests for the use of off-site temporary For-Sale or For-Lease Signs for use in instances where properties are served by a vehicular easement and back street frontage (or have non-serviceable street frontage) on which to locate signs. (See Exhibit B - Section 8-87.67d.) RECOMMENDATION: On November 18, 1985, the Planning Commission recommended that the City Council adopt reorganized and modified Sign Regulations. On April 14, 1986, the City Council conducted its initial public hearing to consider the reorganized and modified Sign Regulations and directed that specific revisions to the Draft Ordinance be made. The City Council then adopted a Resolution regarding the Zoning Ordinance Text Amendment for Sign Regulations, reviewed the reading and introduced the Ordinance. Staff recommends that the City Council reopen the public hearing to review the revised Draft Ordinance and take the following actions: 1. Adopt the revised Resolution approving the Zoning Ordinance Amendment (superseding City Council Resolution No. 39-86). 2. Waive the reading and introduce the revised Ordinance amending the Zoning Ordinance. - If the City Council finds that additional review or revisions are needed, Staff would recommend that the City Council direct Staff 'to make any needed revisions and continue the item to a future City Council meeting. -2- RESOLUTION NO. A RESOLUTION OF THE CITY"'COUNCIL OF THE CITY OF DUBLIN ----------------------------------------------------------------------------- APPROVING PA 84-077 ZONING ORDINANCE-AMENDMENT REGARDING REORGANIZED AND MODIFIED SIGN REGULATIONS WHEREAS, the City Council and Planning Commission expressed concern in the Fall of 1982, regarding the City of Dublin's Sign Regulations; and WHEREAS, on December 13, 1982, the- City Council determined a comprehensive review of the City's Sign Regulations should be performed and referred the matter to the Planning Commission for consideration; and WHEREAS, on December 20, 1982, the Planning Commission established a Sign Regulation Committee and charged the Committee "to rewrite the Sign Regulations to be understandable and to recommend to the Planning Commission regulations which will balance the aesthetics of the community at large with the needs of the business community"; and WHEREAS, the Sign. Regulation Committee met approximately twelve times from December, 1982, to September, 1983, to review and discuss the Sign Regulations; and WHEREAS, on September 19, 1983, the Chairman of the Sign Committee presented the Sign Regulation Committee's recommendations to the Planning Commission; and WHEREAS, on that same date the Planning Commission suggested some additional revisions to the Sign Regulations and directed Staff to formally initiate the Zoning Ordinance Amendment process; and WHEREAS, over the two-month period from September 4, 1984, to November 5, 1984, Staff presented for consideration and discussion by the Commission at five consecutive Planning Commission meetings various slide presentations, discussion issue areas, and case studies pertaining to the City's Sign Regulations; and WHEREAS, the Planning Commission considered a list of sign issues and potential solutions at a public hearing on December 3, 1984; and WHEREAS, notice of said hearing was provided in all aspects as required by law and included notification to, and solicitation of comments from, the approximately 600 businesses in the City of Dublin as listed on the Chamber of Commerce Member Roster and Non-Member Roster as compiled by the Dublin Chamber of Commerce; and WHEREAS, at two subsequent Planning Commission meetings (December 17, 1984, and January 7, 1985) additional discussion on a total of twelve identified sign issue areas and potential solutions were discussed with input from Staff and with an opportunity for public input; and WHEREAS, at the Planning Commission meeting of January 7, 1985, the Planning Commission closed the discussion segment of the Sign Regulation review and directed Staff to return with a Draft Ordinance; and -1- EAHIBIT r - WHEREAS, a final informational Planning Commission meeting was held on February 4, 1985, to discuss State legislation regarding the amortization of non-conforming signs; and WHEREAS, the Planning Department stibsequently prepared a Draft Sign Ordinance; and WHEREAS, the Planning Commission considered said Draft Sign Ordinance at a series of public hearings from May 6, 1985 to November 18, 1985, and recommended adoption; and WHEREAS, the City Council did hold a public hearing on said proposal on April 14, 1986, directed that several minor revisions to the Draft - Ordinance be made, adopted a Resolution (City Resolution No. 39-86) regarding the Zoning Ordinance Text Amendment for Sign Regulations, waived the reading and introduced the Ordinance; and WHEREAS, the City Council reopened the public hearing on said proposal on April 28, 1986, reviewed the revised Draft .Ordinance, adopted a Resoluttion superseding the previous City Council Resolution on the matter, waived the reading and introduced the revised Ordinance amending the Zoning Ordinance; and WHEREAS, notice of said hearings (Planning Commission and City Council) was provided in all aspects as required by law; including notification to the approximately 600 businesses in the City of Dublin listed on the Chamber of Commerce Member Roster and Non-Member Roster as compiled by the Dublin Chamber of Commerce; and WHEREAS, said Draft Sign Ordinance Amendment has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the April 28, 1986, Staff Report recommended that said revised Draft Ordinance be approved; and WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that the Draft Ordinance will meet the following purposes: 1) The Draft Sign Ordinance Amendment consolidates the City's Sign Regulations into a concise understandable format; and 2) The Draft Sign Ordinance Amendment will provide clearer direction to the Business Community as to the nature of allowable signage in the City; and 3) The Draft Sign Ordinance Amendment incorporates amendments to the existing Ordinance which put into place standards more in keeping with the nature, siting, and general characteristics of the Business Community of Dublin; and 4) The Draft Sign Ordinance Amendment implements the purposes, policies, and programs of the General Plan; and 5) The Draft Sign Ordinance Amendment will promote reasonable uniformity among signs and thereby encourage development and use of signs which are compatible with adjacent land uses and which protect business sites from loss of prominence resulting from use of excessive signs on surrounding sites; and 6) The Draft Sign Ordinance Amendment. will provide for the establishment of signs which attract and direct persons to various activities and enterprises and which will promote more effective visual communication for the nature of goods and services available, in order to provide for the maximum public convenience; and -2- ZN 7) The Draft Sign Ordinance .Amendment will lead to the enhancement of .the economic value of the community through proper signage and encourage signs which are well designed and pleasing in appearance and will provide incentive and latitude for variety, good design, relatiorLahip and spacing; and 8) The Draft Sign Ordinance Amendment will serve as an instrument of law that will be largely self-administrating, help reduce costly inspections and enforcement proceedings, and allow for standardized permit procedures. BE IT FURTHER RESOLVED that the Dublin City Council does hereby approve the Zoning Ordinance Amendment regarding Sign Regulations. PASSED, APPROVED AND ADOPTED this 28th day of April, 1986. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -3- c+„•:4 � - wv,.�.y "` �b- u {y' � t 'T✓'° ! .Nl *n t *=a ..a +-r .m^i" m ✓ s�,,, r .. .. in •-". . ,,....... :,,.. .., a'n^i-,"!.l.�ir,',fi,.._..+.-. 1c.��`.'✓„� .�sixt�y,u.v_%"3i:?...�.''i.'�,�t�s'�:s.'�*. iLS'."_C S::r.�`•'y�Y`�'�:�:Y.-ti.3 i�`;+... ,'r .�j, } 1�e?..,�x., ,.�w _ Ft_.._i.... —___�_ �r�—:=c i... .ucr..+....c �-.1-:_a�.�tY:.:_ess- ....—.v ...x-nwi:c:li'_._w^.:Y.:a.w.:uwtc�riu—„•r�:_-+Y:tY': .. —T •; C t ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DUBLIN REPEALING CERTAIN PROVISIONS _. OF CHAPTER 2 OF TITLE 8 OF THE DUBLIN ZONING ORDINANCE REGARDING SIGN REGULATIONS AND ADOPTING ARTICLE .7. OF CHAPTER 2 OF TITLE 8 OF . THE DUBLIN ZONING ORDINANCE WHICH SERVES TO REORGANIZE 'AND MODIFY THE,'CITY OFIDUBLIN SIGN REGULATIONS The City Council of the City of Dublin does ordain as follows: Section 1 Amendments: Section 8-87.0 through Section 8-87.92 are added ,to read as follows: Sec_ 8-87.0 E AT. PROVISIONS. The provisions of this Chapter *shall be subject to the following general regulations, social provisions and exceptions. Sec. 8-87.1 DECLARATION OF PURPOSE AND STA== OF OBJE ITVES. ' The purpose of this Chapter is to provide standards to safeguard the health, safety and welfare of the community by regulating and controlling the design, quality of materials, construction, location, and maintenance 'of all signs and their supporting members. The objectives of this Chapter are to: a) implement the purposes, policies and programs of the General Plan; b) Provide a reasonable system of regulations for signs as a part of the City's ,ccmprehensive Zoning Ordinance; c) Promote reasonable uniformity among signs and thereby . encourage development and use of signs which are ccmpati ble with adjacent land uses and which protect business sites from loss of prominence resulting from use of excessive signs on surrounding sites; d) Attract and direct persons to various activities and enterprises and to promote more effective visual communication for the nature of ccor's and services available, in order to provide for the maximum public convenience; e) Enhance the economic value of the c=, unity thrcuch proper signage and NAN encourage signs which are well designed and pleasing in appearance and to provide. incentive and latitude for variety, good design relationship and spacing; f) Provide for vehicular and pedestrian safety by prohibiting or restricting distracting signs. ' Sec_ 8-87.2 DECLARATION OF POLICY. It is recognized that the attractiveness of the community is an important factor of the general welfare of the citizens of the City and that reasonable control of signs is in the public interest. Further recognized is the right and need of each business, f' ,, , saw or corporation to identify its respective place of business or service and that a need exists to protect public and private invest-ments in buildings and open space. Further, the City intends to exercise its sound judgment and discretion to assure that all approved signs provide effective and attractive identification for persons trying to locate a particular place of business, service or use_ ' Sec. 8-87.10 DEFINITIONS. In this Chapter, unless the context otherwise requires, the following words and phrases are defined .and shall be - construed as follows: . a) A-Frame Sign, Portable Sign, and Sandwich Board Sign. The terms A-Frame Sign, Portable Sign and Sandwich Board Sign shall mean portable signs capable of standing without support or attachment. b) Banner Sign. The term Banner Sign* shall mean a temporary sign composed of light weight, flexible, non-rigid material either enclosed or not enclosed in a rigid frame. c) Business Sign. The term Business Sign shall mean any structure, housing, sign, device, figure, painting, display, message placard, or other contrivance, or any part thereof, which has been designed to advertise, or to provide data or information in the nature of advertising, for any of the following purposes: 1) To designate, identify, or indicate the name or business of the owner or occupant of the premises upon which the Business Sign is located. 2) To advertise the business conducted, services available or _ rendered, or the goods produced, sold, or available for sale upon the property where the Business Sign has been lawfully erected. d) Ccmr=ty Identification Sign. The term Community Identification Sign shall mean a Business Sign incorporating information referring exclusively to service clubs and/or community slogans. (Ccimnunity Identification Signs are regulated by Section 8-87.66 b) .) e) C-2-B-40 Directory Sign. The tern C-2-B-40 Directory Sign shall mean a Business Sign located in a C-2-B-40 District which identifies the street address range of the businesses within the complex . and serves to identify a business complex with no more than ten tenants. (C-2-B-40 Directory Signs are regulated by Section 8-87.35. ) f) Directional Tract Sign. Directional Tract Sign means a Temporary Sign containing only the name and location of a subdivision and/or a multiple family residential project and directions for reaching same. A Directional Tract Sign is a Principal Use for the purpose of Section 8 93.0. (Directional Tract Signs are regulated by Section 8-87.66 a) . ) g) Directory Sign. The tern Directory Sign shall mean a Business Sign located for the purpose of displaying the names of occupants engaged in professions or businesses on the premises. h) Freestanding Sign. The term Freestanding Sign shall mean a Business Sign supported by one or more uprights, braces, columns, poles, or other similar structural components placed on or into the ground, and not attached to a building, and having no exposed or connecting wires. (Freestanding Signs are regulated by Sections 8-87.34, 8-87.35, and 8- 87.38. ) -2- i) Identification Sign. The term Identification Sign shall mean a sign or device, including bulletin boards for churches or auditoriums which serves exclusively to designate the name, or the name and use, of a public building, or to inform the public as to the use of a lawful parking area, recreation area, or other open use permitted in the District. (Identification Signs are regulated by Section 8-87.67 a) . ) j) Illuminated Sign. An Illuminated Sign shall mean a Business Sign which uses a source of light in order to make the message readable, and shall include internally and externally lighted signs. k) Low Profile Sign. The term Low Profile Sign shall mean a Business Sign that serves to identify a business complex including the range of the businesses within the complex, and may also serve as a directory sign identifying a minimum of four and a maximum of ten tenants located in said complex. (Low Profile Signs are regulated by Section 8-87.35. ) 1) Non-conforming Sign. The term Non-conforming Sign shall mean a sign lawful before the provisions of this Chapter, or of any relevant amendment hereto made effective, but which thereupon violates same. m) Office Building Master Identification Sign. The term Office Building Master Identification Sign shall mean a Business Sign that serves to identify an office building or any institutional use, and whose copy shall include only the name of the office building or institutional use and the street address range of the complex. n) Off-Site Advertising Sign. The term Off-Site Advertising Sign shall mean any lettered or pictorial matter or device which advertises or informs about a business organization or event, goods, products, services or uses, not available on the property upon which the sign is located and does not include Special Easement Signs, Directional Tract Signs or Community Identification Signs. o) Open House Sign. The term Open House Sign shall mean a portable sign used in connection with the sale of real property. (Open House Signs are regulated by Section 8-87.50 t) . ) p) Primary Building Frontage. The term Primary Building Frontage shall mean the width of the projection of a business building onto a single straight line chosen by the establishment, with concurrence from the Planning Director, to be the Primary Building Frontage and shall be normally parallel to a lot line or street. A Primary Building Frontage -line must lie in a roadway or public open space area such as a private street, an open plaza or square or an auto parking area. A business may have only one Primary Building Frontage. Any sign area accrued and authorized by a Primary Building Frontage may not be attached to any other building frontage. q) Projecting Sign. The term Projecting Sign shall mean a Business Sign attached to a wall in such a manner that the face of the sign is not parallel to the wall to which it is attached. (Projecting signs are regulated by Section 8-87.33. ) -3- r) Roof Line. The term Roof Line shall mean the top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette. s) Secondary Building Frontage. The term Secondary Building Frontage shall mean the width of the projection of a business building onto a single straight line which is either perpendicular to or parallel to the Primary Building Frontage line. A Secondary Building Frontage line must lie in a 'roadway or public open space area such as a private street, an open plaza or square or an auto parking area. A business may have a maximum of two Secondary Building Frontages. Any sign area accrued and authorized by one Secondary Building Frontage may not be attached to any other building frontage. t) Service Station Sign Display Structure. The term Service Station Sign Display Structure shall mean an on-site identification Business Sign that serves to identify the name and general type of service station it adjoins. u) Service Station Price Sign. The term Service Station Price Sign shall mean a sign indicating gasoline prices and available services. (Service Station Price Signs are regulated by Section 8-87.50 k) . ) v) Shopping Center Master Identification Sign. The term Shopping Center Master Identification Sign shall mean a Business Sign for shopping center identification for use by shopping centers with a minimum of twenty separate tenants. w) Special Easement Sign. The term Special Easement Sign shall mean a Business Sign located off-site from the premises the sign has been designed to advertise, where the two premises involved are interconnected by a traversable vehicular roadway .which is subject to a non-revocable, non-exclusive recorded vehicular access easement. x) Temporary Sign. The term Temporary Sign shall mean any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, plywood, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only. y) Time/Temperature Sign. The term Time/Temperature Sign shall mean a Business Sign intended primarily to promote items of general interest to the Community such as time, temperature and/or date. (Time/Temperature Signs are regulated by Section 8-87.66. ) z) Wall Sign. The term Wall Sign shall mean a Business Sign attached or erected against the building or structure, with the exposed face of the sign in a plane parallel to the plane of such building or structure. -4 Sec. 8-87.20 GaN= LItiiIITATIONS BY LAND USE DISTRICT Sec. 8-87.21 A - AGRICULTURAL DISTRICT - SIGNS PERMITTED. when located in an A District, and subordinate to a lawful use, Business Signs not exceeding an aggregate area of twenty square feet are permitted. Sec. 8-87.22 R-1, R-2 AND R-S DISTRICTS - SIGNS PERMI=. The following types of signs are permitted in an R-1, R-2 or R-S District with a Conditional Use Permit as set forth in Section 8-87.66 Directional Tract Signs Community Identification Signs Identification Signs Sec. 8-87.23 PD - PL =1 DEVELOPME�7i T DISTRICT - SI&NS PER, TTED. TIype, size, location and character of signs established in a PD District shall be as stipulated by the Zoning : Ordinance establishing the PD District. Modifications to the adopted sign program may be considered by the Planning Director upon application of a Site Development Review pursuant to Section 8-95.0. Sec. 8-87.24 H-1, C-1, C-2 AND M""1 DISTRICTS - SIGNS PFRPa=. The following types of signs are permitted in the H-1, C-1, C-2 and M-1 Districts: Freestanding Signs Projecting Sicros Wall Signs The following types of signs are permitted in the H-1, C-1, C-2 and M-1 Districts with a Site Development Review as set forth in Section 8-95.0 Low Profile Signs Service Station Display Structures (where used in lieu of a Low Profile Sign) The following types of signs are Feriai tted in the H-1, C-1, C-2 and 2,1-1 Districts with a Conditional Use Permit as set for=m in Section 8-87.66 Directional Tract Signs Community Identification Signs Te_- ora_ry Prcmotional Signs - Sixty Dav TLme Frail e Freestanding Signs (in excess of 20' height) The following types of signs are permitted in the H-1, C-1, C-2 and M-1 Districts with an Administrative Conditional Use Per:-nit as set forth in Section 8-87.67 Identification Signs Grand-opening Temporary Promotional Signs Temporary Prcmotioval Signs- Thirty Day Time Frame The following types of signs are permitted in the C-1 and C-2 Districts with a Site Development Review as set forth in Section 8-95.0 -5- _ Office Building Master Identification Sign Service Station Display Structures (where used in lieu of a Low Profile Sign) Sec_ 8-87.25 C-0 DISTRICT - SIGNS PERMITTED. The following types of signs are permitted in the C-0 District: Projecting Signs Wall Signs The following types of signs are permitted in-the C-O District with a Site Development Review as set forth in Section 8-95.0 Office Building Master Identification. Sign The following types of signs are.permitted in t:e C-0 District with a Conditional Use Permit as set forth in Section 8-87.66 Directional Tract Sign Community Identification Sign Te_rrporary Promotional Signs - 60 Dav Ti,� Frame The following types of signs are permitted in the C-0 District with an P_dministrative Conditional Use Permit as set forth in Section 8-87.67 Identification Signs Grand-Opening Temporary Promotional Signs Temporary Promotional Signs - 30 Day T;-re Frame Sec. 8-87.26 C-N DISTRICT - SIGNS P=TTED_ The following types of signs are permitted in to C-N District: Projecting Signs Wall Signs The following types of signs are permitted in tie C-N District with a Site. Development Review as set forth in Section 8-95.0 Service Station Di solav Structures The following types of signs are permitted in the C-N District with a Conditional Use Penh as set forth in Section 8-87.66 Directional Tract Signs Cc=unity Identification Signs Temporary Promotional Signs The following types of signs are permitted in to C-N District with an Administrative Conditional Use Permit as set forth in Section 8-87.67 -6- Identification Signs Grand-opening Temporary Promotional Signs Temporary Promotional Signs - 30 Day Time Frame Sec. 8-87.30 REGULATIONS GOVERNING SIZE AND STANDARDS Sec. 8-87.31 CONSTRUCTION MATERIALS - GENERAL REQUIREK=. All permanent signs shall be constructed of wood, metal, plastic, glass, or like material as approved by the Planning Director. Sec. 8-87.32 AREA OF SIGNS. The area of signs shall be computed as the entire area within a single, continuous' rectilinear perimeter of not more than eight straight lines enclosing the extreme limits of the sign; provided that in the case of a sign with more than one exterior surface containing sign copy, the sign area shall be computed as the sum of all exterior faces. Any structure, or part of a structure, which departs from standard architectural procedures in an attempt to attract attention to the premises by reason of color scheme, building shape or unusual architectural features shall be considered sign area and subject to all pertinent regulations.. Sec. 8-87.33 WALL SIGNS AND PROJECTING SIGNS. a) Where used in absence of Freestanding Signs, the maximum dimensions of Wall Signs shall be as follows: 1) Primary Building Frontage Maximum Sign Height - l'-9" for individual letters and 2' 0" where a sign can is utilized Maximum Sign Width - 60% of the business frontage, up to a maximum width of 24' Maximum Sign Area - 7? percent of the surface area of the building frontage available for signage (excludes sloping roof area) up to a maximum area of 42 square feet, except when a Sign program covering the property has been adopted through a Site Development Review process, whereby the standard of that adopted program shall apply. Minimum Sign Area - In no case shall the sign area be limited to less than 21 square feet in area except when a sign program covering the property has been adopted through Site Development Review process whereby the standard of that adopted program shall apply. 2) Secondary Building Frontage(s) Maximum Sign Height - 1'-9" for individual letters and 2'-0" where a sign can is utilized Maximum Sign Width - 10' maximum Maximum Sign Area - 5 percent of the surface area of the building frontage available for signage (excludes sloping roof area) up to a maximum area of 17.7 square feet, except when a Sign program -7- covering the property has been adopted through a Site Development Review process, whereby the standards of that adopted program shall apply. Minimum Sign Area - In no case shall the sign area be limited to less than 17.5 square feet in area except when a sign program covering the property has been adopted through Site Development Review process whereby the standard of that adopted program shall apply. Through the Site Development Review process the maximum sign area for the Primary Building Frontage and the. Secondary Building Frontage(s) may be increased to maximums of 10% and 720, respectively, of the surface area of the building frontage available for signage (excludes sloping roof area) . The maximum sign height and maximum sign width may also be increased beyond the standards indicated above through the Site Development Review process. Where projecting signs are utilized, the maximum allowable area of wall signs shall be reduced by the amount of sign area used for the projecting sign(s) . Where used in conjunction with Freestanding Signs, the aggregate allowable area for Wall Signs and Projecting Signs shall be reduced by the amount of sign area used for the Freestanding Sign. Where more than one tenant space receives benefit from the identification provided by the Freestanding Sign (i.e. , the tenant is specifically identified on the Sign or the Sign identifies the name of the center) , the reduction in aggregate allowable sign area due to the use of Freestanding Sign shall be proportionately assessed to each tenant space on a prorata basis determined by relative Primary Building Frontage lengths. b) No part of any Wall Sign or Projecting Sign shall extend above the Roof-Line of the building elevation on which the sign is displayed. c) Attached Wall Signs shall be parallel with the building face and shall project not more than twelve inches therefrom except Wall Signs projecting from twelve to thirty inches from the wall to which they are attached are permitted with Site Development Review pursuant to Section 8-95.0. d) Only one Projecting Sign shall be permitted for each business. e) Projecting Signs shall not extend from the front wall to which they are attached a distance greater than seven percent (70) of the Business Building Frontage or eight feet, whichever is less. f) Projecting Signs shall be located within the middle one-third (1/3) of the front wall of the business building to which they are attached. g) Projecting Signs shall have a clearance of eight feet above the ground and fourteen feet above a driveway, alley, or other vehicular accessway. No such sign shall project into a public right-of-way. h) Supporting members for Wall Signs and Projecting Signs shall appear to be an integral architectural part of the building, and any required bracing shall be minimized. -8- Sec. 8-87.34 FREESTANDING SIGNS. a) Freestanding Signs shall have a minimum clearance of fourteen feet where established with an overhang extending over a driveway, alley, or other vehicular access. No such sign shall project into a public right-of-way. b) The total single-faced sign area of any one Freestanding Sign shall not exceed one hundred and fifty (150) square feet. The total double-faced sign area of any one Freestanding Sign shall not exceed three hundred (300) square feet. c) Only one Freestanding Sign shall be permitted for each parcel subject to the conditions that: (1) said Freestanding Sign shall be located in a planter of appropriate dimension; (2) said Freestanding Sign shall be located within the middle one-third 1/3) of the street frontage when said Freestanding Sign is within twenty feet of said street frontage; (3) said Freestanding Sign shall be a maximum of ten feet in height and have a maximum double-faced area of thirty square feet (maximum area of fifteen square feet for single-faced signs) , provided that for each one foot said Freestanding Sign is set back from the nearest street frontage, the maximum height may be increased by one-half foot and the area may be increased by five square feet; to provide a maximum single- faced area being three-tenths the Freestanding Sign's total height multiplied by one-half the sign's total height (Sign Area = 0.3 ht. x 0.5 ht. ) up to the maximum area stipulated in 8-87.34b) ; (4) Said - Freestanding Sign shall have a maximum allowable area for double-faced signs of twice the amount allowed for single-faced signs, with the sign surface area split equally between the two sides of the sign, up to the maximum area stipulated in 8-87.34b) ; (5) said Freestanding Sign shall be proportionately dimensioned with the sign face width not to exceed one-half the sign's total height and the sign face height not to exceed three-tenths the sign's total height, with the two dimensions being interchangable if desired, unless the Planning Director finds through a Site Development Review process that a minor adjustment in those proportions better meets the purposes and intent of the ordinance; (6) said Freestanding Sign shall not exceed a total height in excess of twenty feet, except for Freestanding Signs located on parcels, or collections of parcels under common ownership and use, four acres or greater in size, or single-use parcels one-and-one-half acres or greater in size which may utilize signs up to a maximum height of thirty-five feet, when approved through the Conditional Use Permit process pursuant to Sections 8-87.66d) and 8-94.0; (7) said Freestanding Signs shall in no case be located closer than fifty feet from the right-of-way of an Interstate Freeway; (8) A sign for a service station may be combined with a Service Station Price Sign as permitted by Section 8-87.50k) , and the area of the combined sign may exceed these height-area-setback regulations by a maximum of thirty-two square feet; (9) said Freestanding Signs shall not be placed within the required setback, side or rearyard areas. Sec. 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS. The following chart summarizes the dimensional, tenant and copy restrictions for alternate types of freestanding Business Signs: All five of these alternate types of -9- Freestanding Signs shall be subject to Site Development Review, pursuant to Section 8-95.0, to assure the signs conform to the established or proposed design theme of the subject property's signing program. Maximum Maximum Parcel Tenant Number Copy Height Area Frontage Restrictions Restrictions (Min./Max.) Low Profile Sign 6' 24 sq.ft no min. No standard As established by Site Development Review Office Building 8' 50 sq.ft 100' min. No standard Name of Complex Master Identifi- or institutional cation Sign use Service Station 8' 32 sq.ft no min. No standard Name/and Display Structure General Type Shopping Center 25' 100 sq.ft no min. 20 tenants Name of Center Master Identifi- minimum cation Sign C-2-B-40 8' 28-32 sq.ft no min. 5 tenants Name of 3-10 Directory Sign minimum tenants, and/or name of complex (optional) and address range Office Building Master Identification Signs and C-2-B-40 Low Profile Directory Signs shall be located within a planter of appropriate dimension and shall have their means of support concealed. All alternate freestanding Business Signs should indicate building address(es) of the building and/or complex they serve. Shopping Center Master Identification Signs shall be located at one or more of the main entrances in the shopping center and shall be located in a planter of appropriate dimension. Use of a Shopping Center Master Identification Sign shall be in lieu of any other Freestanding Sign. Service Station Sign Display Structures may be increased in area to 64 square feet, when combined with the Service Station Price Sign. The area of all alternate freestanding Business Signs shall be included as part of the aggregate sign area permitted on the property with the exception of the area of a Service Station Sign Display Structure which when used in conjunction with a Service Station Price Sign may have the area of the Price Sign deducted from the area calculated for allowable aggregated sign area (up to a maximum area of thirty-two square feet) . Sec. 8-87.36 ILLUMINATION. Illumination may be allowed on all signs upon the approval of the Planning Director, unless otherwise set forth in this Chapter. Floodlighting used for the illumination of any sign shall be permitted only when such lighting is installed on private property and is hooded or shielded so that the light source is not visible from public streets, alleys, highways or adjoining properties. -10- Sec. 8-87.37 OBSTRUCTION OF TRAFFIC SIGNAL OR MOTORIST'S VISION. No sign may be located in a manner which may obstruct or interfere with the view of a traffic signal. No sign may be located within one hundred feet of an intersection of a public street if the sign obstructs the vision of a motorist within the distance of one hundred feet of the intersection. Sec. 8-87.38 FREESTANDING SIGN - LANDSCAPING. A person who erects or maintains a Freestanding Sign shall landscape it in accordance with requirements prescribed by the reviewing body. The design of the landscaping program should be of sufficient width, length and height to protect the base of the sign from damage due to vehicular traffic and should reflect a material palette and design concept consistent with the structures it is intended to serve. The landscaping program should be of sufficient size to be effective without affecting the visibility of the sign. Sec. 8-87.39 SIGNS ACCESSORY TO A BUILDING LOCATED WITHIN A REQUIRED YARD. Signs accessory to a building located wholly or partially within a required yard may be located on such a building in accordance with the regulations of this Chapter regardless of the building's encroachment provided. no signage extends into the public right-of-way. Sec. 8-87.40 PROHIBITED SIGNS. The following Signs are prohibited: a) Any sign having blinking, flashing or fluttering lights, or any other illuminating device which has a changing light intensity, brightness or color; b) Any sign which rotates, moves, or contains moving parts or depicts animation in any manner; c) Pennants, banners, balloons, flags and other similar types of devices which consist of any material made in any shape, which fastened together or placed in a manner as to move by wind pressure, except as approved in conjunction with approved signage for grand opening or temporary promotional events pursuant to Section 8-87.66c), Section 8-87.67b) and Section 8-94.0; d) Portable on-site signs including Sandwich Board type and A-Frame signs; e) Any sign affixed to any vehicle or trailer located on a right-of- way or private property, unless the vehicle or trailer is intended to be used in its normal business capacity and not for the sole purpose of attracting people to a place of business; f) Paper, cloth, or other temporary-type signs, except as approved in conjunction with approved signage for grand opening or temporary promotional events pursuant to Section 8-87.66c), Section 8-87.67b) and c) and Section 8-94.0; -11- g) Off-Site Advertising Signs. h) Signs using colors that contain reflective properties; i) Searchlights, cold-air balloons and similar advertising devices, except as approved in conjunction with approved signage for grand opening or temporary promotional events pursuant to Section 8-87.66c) , Section 8-87.67b) and c) Section 8-94.0; j) Any sign designed for emitting sound, odor or visible matter; k) Any sign containing any obscene matter; 1) Any illuminated sign designed or located so as to be confused with or to resemble any warning traffic control device; m) Any signs illuminated in such a manner that the direct, or reflected light, from the primary light source(s) creates a traffic hazard to operators of motor vehicles; n) Statuary when used for advertising purposes; o) Any sign mounted on a sloping roof with visible support brackets or any sign which extends above the roof ridgeline or parapet. Sec. 8-87.50 PERMITTED SIGNS. The following signs are permitted in any - District and may be located in required yards, other sign or yard regulations notwithstanding, and need not be included in any computation of permitted aggregate sign area: a) Official public signs or notices or any temporary notice posted by a public agency or official, or by a person giving legal notice; b) House numbers, name plate or identification of house members (provided sign is non-illuminated and does not exceed two square feet maximum area) , mail box identification, street names, "no-trespass" signs, and other warning signs; c) Memorial tablets or signs identifying a benefactor, a location of historical interest, or a statue or monument; d) Pedestrian signs, such as shingle signs, which are oriented towards pedestrian traffic and serve to identify and indicate pertinent facts concerning a business or professional service lawfully conducted on the same premise; subject to the following provisions; 1) must be suspended from a canopy over a sidewalk which is directly in front of the door of the business thereby identified; 2) must be perpendicular to the business building wall; 3) must not be more than ten square feet in area if double- faced, five square feet in area if single-faced; -12- 4) must provide a minimum of eight foot clearance when located above a sidewalk; and 5) are limited to one per business per building elevation; e) Signs displayed for the direction,- warning or safety of the public, including pedestrian and vehicular traffic, with eight square feet maximum per sign, except pavement markings which are not so restricted as to maximum area; f) Temporary political signs, where such sign is placed on private property for the sole purpose of advocating the election of a declared candidate for public office, or relating to an election proposition on the ballot of sixteen square feet maximum area per individual sign and eighty square feet of maximum aggregate area per lot; g) Non-illuminated temporary sale or lease signs which are to be intended for use solely as a notice of an offering for sale, lease, or rental of a parcel, structure, or :establishment on which the sign is located; provided that such signs shall not exceed a maximum area of twenty four square feet; and provided further that two signs per parcel be allowed and only one such sign may be placed for each one hundred feet of street frontage; h) Subdivision sale, rent or lease signs to advertise the original sale, rent or lease of buildings or lots in conjunction with a subdivision _ development with a maxima . area of thirty-two square feet plus one additional sign of like dimension for' each thirty-five lots or buildings for sale, rent or lease. Signs shall not exceed a maximum height of twelve feet, shall not be illuminated and shall observe the yard limits of the District the sign is located within; i) A bulletin board used to display announcements pertaining to an on-site church, school, community center, park, hospital, and/or public or institutional building, twenty four square feet maximum area, and subject to the yard and height limits of the District the sign is located within; j) A tenant directory or other exclusively informational listing of tenant names not to exceed a maximum area of twelve square feet, attached to the wall at the entrance of a building; k) Service station price signs indicating gasoline prices and available services when accessory to an existing service station and where not more than two service station price signs with a maxima . aggregate size of thirty-two square feet and with a six foot maximum height, are utilized. These signs may be attached to and made part of Service Station Sign Display Structure pursuant to Section 8-87.34c)8) ; 1) Signs located inside a building or structure, provided any such sign is neither attached to windows with its sign copy visible from the outside nor otherwise so located inside so as to be conspicuously visible and readable, without intentional and deliberate effort, from outside the building or structure, provided however that any sign, or signs, which -13- in the aggregate have an area not exceeding 250 of the window area from which they are viewed are-also permitted and need not be included with the computation of permitted aggregate sign area; m) The flag, pennant, or insignia of any charitable, education, philanthropic, civic, professional or- religious organization; n) Signs required to be maintained by law or governmental order, rule or regulation; o) Murals or other artistic paintings on walls, provided no logos, emblems or other similar devices, sign copy .or illustrations of activities associated with uses on the premises or in the vicinity are included in the mural or painting; p) Holiday decorations commonly associated with any national, local or religious holiday; q) Signs which are within a private recreational use and which cannot be seen from a public street or adjacent properties; r) Signs, with a maximum height of eight feet and a maximum area of twenty-four square feet, denoting the architect, engineer, contractor, or lending agency when placed on work under construction; s) open-house signs used in connection with the sale of real property - subject to the following special provisions; 1) A maximum of four open-house signs are permitted for each property being advertisied for sale. Such signage shall be located outside the public right-of-way (which includes, but is not limited to, the sidewalk) located adjacent to property lines. Proper authorization by the affected private property owner, shall be secured prior to placerrent of signs. Such signage shall be located in such a manner that it does not disrupt the normal flow of vehicle or pedestrian traffic and does not block views of such traffic. Signing is prohibited in the center divider strip and/or traffic islands of public streets. Such signing is not to be adhered or attached to any public sign post, traffic signal or utility pole; 2) only one of the signs utilized for each respective open- house properties shall be located along a major City arterial. The size of the sign shall not exceed four square feet per side, and the height shall not exceed four -C above grade; 3) Open-house signs shall be permitted only during the weekend period from 10:00 a.m. Friday through sunset on Sunday evening, and Tuesdays from 10:00 a.m. to 1:00 p.m. Such signing is not to be adhered or attached to any public sign post, traffic signal or utility pole; -14- 4) The City shall be authorized to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open-house signs. In cases of repeated violations of requirements dealing with open-house signs, rights to locate new open-house signs in the City shall be forfeited. Sec. 8-87.60 PERMIT PROCEDURE Sec. 8-87.61 COMPLIANCE - SIGN PERMIT APPLICATION REQUIRED. With the exception of Permitted Signs as specified in Section 8-87.50 of this Chapter, no person shall place or erect a sign in the City of Dublin without first having obtained approval of a Sign Permit Application from the Director of Planning, except that it shall not be necessary to obtain a Sign Permit for routine maintenance or -minor repairs or for repainting or changing of painted or printed copy on an existing sign on which periodic change is customary. This Chapter does not repeal or supersede a provision of law requiring a building permit for the erection of a sign. Any sign requiring building permits shall not be used until such time as a final inspection is made. Sec. 8-87.62 APPLICATION - CONTEN'T'S. Application for a Sign Permit shall be made in writing upon forms furnished by the Planning Department and shall be accompanied with the following information: a) Site plan, fully dimensioned showing the location, setbacks and dimensions of all existing structures, existing signs, and proposed signs on the entire parcel; b) Fully dimensioned building elevation(s) showing sizes and locations of all existing and proposed wall signs (minimum scale 1/8" = 1'-011) ; c) Fully dimensioned section drawing(s) indicating horizontal clearance between proposed freestanding sign(s) and the curb line and projection of any proposed wall sign(s) and projecting sign(s) from adjoining building face(s) ; d) Detailed drawings of all proposed signs indicating the type of letter, color scheme, cabinet colors and material specifications (minimum scale 1/4" = 110") ; e) A sign inventory including type, description, size, height and location of all existing and proposed signs; f) The client or property owner's name, address and telephone number; g) The sign erector's name, address and telephone number; h) Structural and electrical plans as required by the Building Code; i) Total cost of sign construction and erection; j) A non-refundable fee for each Sign Permit, based on the current City of Dublin Planning Department Fee Schedule. -15- Sec. 8-87.63 APPLICATION - APPROVAL. a) The Planning Director shall approve a Sign Permit Application if he finds that: 1) the sign and/or proposed location are not prohibited under Section 8-87.40; 2) the sign is permitted under a specified section of this Chapter or under a Variance granted pursuant to Section 8-87.65 or a Conditional Use Permit granted pursuant to Section 8-87.66 or an Administrative Conditional Use Permit granted pursuant to Section 8-87.67; 3) the sign is compatible in character and quality of design with the exterior architecture of the premises and other structures in the immediate area; 4) the sign will not materially reduce the visibility of existing conforming signs in the area; and 5) the sign, as proposed or modified, conforms to the Design Criteria Specified in Section 8-87.64. b) Applications for Sign Permits shall be subject to the same regulations, review, procedures, and appeal process as set forth in Sections 8-95.0 _ through 8-95.8 for Site Devlopment Review. Sec. 8-87.64 DESIGN CRITERIA. a) The Planning Director shall consider the following factors in the review of each proposed sign: 1) Visibility and legibility (letter height and legibility, contrast-background relationship, and placement and location) ; 2) Impact of other immediate signs in terms of visibility and legibility; 3) Traffic conditions, including but not limited to, traffic safety and circulation, visibility, road width, c,—, -b cuts, or driveway indentations, medians, proximity of major intersections, signals or stops, average traveling speed any other natural or physical obstruction; 4) Night-time use considerations including intensity of illumination (of sign being reviewed, of other immediate signs and of other light sources such as street lights or canopy lights) , competition and interference of light sources and intrusion of light into residential areas. b) Each proposed sign shall be reviewed for conformity to the following criteria: -16- 1) The sign shall relate to the architectural design of the building. An attractive scale between the sign, the building and the immediate surroundings shall be maintained; 2) To the extent feasible, a sign shall be graphic with design emphasis on simplicity, style, trademark, business identification and symbol. Wording shall be an integral part of the overall design; 3) All light sources shall be adequately diffused or shielded; 4) The sign's supporting structure shall be as small in density and as simple as is structurally safe; 5) Multiple signing on a single-faced building shall be reviewed for coordination of all signs architecturally and aesthetically; 6) Plastic-faced signs with white internally illuminated backgrounds are not permitted e:,,cept pursuant to Site Development Review; 7) Neon, bare fluorescent tubes, or incandescent bulbs are not permitted except pursuant to Site Development Review; Sec. 8-87.65 VARIANCE PROCEDURE. a) When practical difficulty, unnecessary hardship, or a result which is - inconsistent with.the purpose and intent of this Chapter occurs from the strict application of this Chapter, the Planning Director may grant a Variance from the strict application of the standards pertaining to size, height, and/or location of signs regulated by this Chapter in the manner prescribed by this section. No Variance may be granted frcm the number of Freestanding Signs allowed. b) The Zoning Adninistrator may grant a variance only if he finds that all of the following conditions exist: 1) the Variance authorized dces not constitute a grant of a special privilege inconsistent with the limitations on other properties in the vicinity; 2) special conditions and extraordinary circumstances apply to the property and do•not apply to other properties in the vicinity, so that the strict application of this Chapter deprives the property of rights enjoyed by other properties; 3) the Variance authorized meets the intent and purpose sought to be achieved by the regulations in this Chapter; and 4) the Variance authorized does not adversely affect the orderly development of property and the preservation of property values in the vicinity. c) The grant of a Variance shall specify the factual basis for each required finding. -17= d) If the Zoning Administrator does not find that all of the conditions and standards set forth in Subsection b) of this Section exist, then he shall deny the application. e) The procedure for application, notice and hearing, for grant or denial, appeal and for administration of a Variance shall be as set forth in Sections 8-93.0 through 8-93.4 Sec. 8-87.66 SIGNS REQUIRING CONDITIONAL USE PERMITS. The following type of signs may be located in required yards, if a Conditional Use Permit is granted in accordance with Section 8-94.0: a) Directional Tract Sign, in any District, thirty-two square feet maximum. area, twelve (12) feet maximum height, shall not be illuminated, and shall not be located within six hundred sixty (660) feet of an Interstate Freeway. The size of the sign used need not be included as part of the aggregate sign area permitted on the property. b) Community Identification Sign, one hundred twenty square feet maximum area, twenty (20) feet maximum height, shall be located within one thousand (1,000) feet of the City's corporation boundary. Sign illumination shall not be intermittent and sign copy shall be limited to: 1) the name of the community; _ 2) information relating to the service clubs active in the area; 3) community slogans or mottos; or 4) directional information. c) Temporary Promotional Signs - Sixty Day Time Frame (banners, pennants, flags, balloons, searchlights and similiar advertising devices) , when used for special promotional events, for periods that cumulatively do not exceed a maximum of sixty days annually' (any twelve month period) and, on an individual promotional event basis, do not exceed fourteen consecutive days of display. d) Freestanding Signs in excess of twenty foot height, located on parcels, or collections of parcels under common ownership and use, four acres or greater in size, or single-use parcels one and one half acres or greater in size, with the maximum allowable height being between twenty and thirty-five feet and with the proposed size (area and height) determined through the dimensional criteria of Section 8-87.34 and the Conditional Use Permit review process. e) Time/Temperature Signs, when used to promote items of general interest to the Community such as time, temperature and/or date. f) Off-Site Business Signs, when used as part of the permanent signage used to designate, identify, or indicate the name(s) or business(es) of the owner or occupant of a premises in the immediate vicinity of the premises upon which the sign is located -18- where said properties are interconnected by a traversable vehicular roadway which is subject to a non-revocable, non- exclusive recorded access easement. Said Signs may also be utilized to advertise the business(es) conducted, service(s) available or rendered, or the goods procured, sold, or available for sale upon the referenced nearby premises. Sec. 8-87.67 SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMITS. The following types of signs may be located in required yards if an Administrative Conditional Use Permit is granted in accordance with Sections 8-60.60.1 to 8-60.60.2. a) One Identification Sign in any District, when used to designate the name, or the name and use, of a public building, to inform the public as to the use of a lawful parking area, recreation area, or other use permitted in the District. Identification Signs shall not exceed a maximum area of 24 square feet, unless a greater area is approved through the Administration Conditional Use process. The height of Identification Signs shall be as set forth in Section 8-60.55; b) Grand-opening Temporary Promotional Signs (banners, pennants, flags, balloons, searchlights and similar advertising devices) in any District other than the Agricultural or Residential Districts when used for bona-fide grand opening functions within sixty days of a business's initial occupancy and for a period not in excess _ of thirty days. c) Temporary Promotional Signs - Thirty Day Time Frame (banners, pennants, flags, balloons, searchlights and similar advertising devices) when used for special promotional events for periods that cumulatively do not exceed a maximum of thirty days annually (any twelve month period) and, on an individual promotional event basis, do not exceed fourteen consecutive days of display. d) Temporary off-site sale or lease sign(s) which are to be intended for use solely as a notice of an offering for sale, lease, or rental of a parcel, structure or establishment of a premises in the immediate vicinity of the premises upon which the .sign is located where said properties are interconnected by a traversable vehicular roadway which is subject to a non-revocable, non- exclusive recorded access easement. Sec. 8-87.70 NON-CONFORMING AND •rLLECAL SIGNS Sec. 8-87.71 NONCONFORMING SIGNS. a) All Signs, Name Plates, and their supporting members that did not comply with all provisions of this Chapter as of May 10, 1969, shall be brought into compliance with the provisions of this Chapter within the time limits set forth in this Section: -19- Change required to bring sign into compliance Conformance Date: May 10, 1969, plus Alteration of lighting or movement one year; Size or height reduction three years; Removal of an Advertising Sign where not permitted one year; Change required to bring sign into compliance Conformance Date: May 10, 1969, plus Relocation on same Building Site two years; Removal of a freestanding Business Sign three years; Removal of sign painted on wall five years; provided, however, that any sign nonconforming in more than one respect shall be brought into compliance with the time limit of the greatest duration. b) All signs, Name Plates and their supporting members that were rendered nonconforming by Ordinance No. 74-1, effective February 8, 1974, and Ordinance No. 75-80, effective August 9, 1976, shall be brought into compliance with the provision of this Chapter on or prior to February 8, 1977. c) All signs and their supporting members that were rendered nonconforming by enactment of this ordinance, including signs previously approved through a Variance and/or Conditional Use Permit process, shall be brought into compliance with the provisions of this Chapter on or prior to three years from the effective date of this ordinance. All signs and their supporting members that are rendered nonconforming by amendments to this Chapter enacted subsequent to the effective date hereof shall be brought into compliance with the provisions of this Chapter within three years of the effective date of any such amendments. Sec. 8-87.72 SIGNS ACCESSORY TO NONCONFORMING BUSINESS. Signs and supporting members which are necessary to a business or industry existing as a Nonconforming Use in any A or R District are permitted subject to the sign regulations contained in Section C-N. Sec. 8-87.73 NON-COMPLIANCE - REMOVAL OR MODIFICATION PROCEDURE. The owner of a non-conforming sign which is in place at a permanent location which does not comply with this Chapter shall remove or modify the sign to meet this Chapter in accordance with the following procedures: a) The City shall give the owner at least three months' notification by certified mail of the nature of the non-compliance. Following such notification; the owner of the sign shall remove the sign or shall modify it so that it complies with this Chapter. b) Prior to the time a sign becomes non-conforming, the owner may apply for an extension of time within which the sign must be removed or modified. c) The application shall be made to the City on a form prescribed by it and shall include the name and address of the sign owner, the land owner, the type of sign, the date erected, the cost of construction, revenue -20- derived, a detailed statement of reasons for the request for an extension, and the length of time for which the extension is being requested. d) The Planning Director shall consider arguments for and against the grant of an extension and shall consider among other things: 1) the economic hardship upon the sign owner and land owner, taking into consideration the investment cost, the revenue derived, the estimated life of the sign; and 2) the interest and status of the sign owner or user on the property, and any immediate changes in the use of the property. e) If the Planning Director finds that, upon the basis of the evidence presented, circumstances warrant it, he may grant an extension of time within which the sign must be removed, not exceeding a total of three years from the date the sign became non-conforming. Sec. 8-87.74 ILLEGAL SIGNS :SUBJECT TO SUMMARY REMOVAL. Signs and their supporting members which meet any of the following criteria shall be considered illegal signs and shall be subject to summary removal: a) Any signs and their supporting members erected without first complying with all ordinances and regulations in effect at the time of their construction, erection or use. b) Any signs and their supporting members which were lawfully erected, but whose use has ceased, or the structure upon which the signs are attached have been abandoned by their owner, for a period of not less than 90 days. c) Any signs and their supporting members which have been more than 50 percent destroyed, and the destruction is other than facial copy replacement, and the sign displays are not repaired within 30 days of the date of their destruction. d) Any signs and their supporting members whose owners, outside of a change of copy, request permission to remodel and remodels those sign displays, or expands or enlarges the buildings or land uses upon .which the signs displays are located, and the sign displays are affected by the construction, enlargement or remodeling, or the cost of construction, enlargement, or remodeling of the sign displays exceeds 50 percent of the cost of reconstruction of the building. e) Any signs and their supporting members whose owner seeks relocation thereof and relocates the sign displays. f) Any signs and their supporting members for which there has been an agreement between the sign display owners and the City for their removal as of any given date and said signs have not been removed by said date. g) Any signs and their supporting members which are temporary. h) Any signs and their supporting members which are or may become a danger to the public or are unsafe. =21- i) Any signs and their supporting members which constitute a traffic hazard not created by relocation of streets or highways or by acts by the city. Sec. 8-87.80 ENFORCEMENT Sec. 8-87.81 COMPLIANCE - DECISION OF REVIEWING BODY. No Building Permit may be issued for a sign until the decision of the reviewing body approving the application is final. Each sign shall be constructed and maintained in accordance with the terms and conditions of approval. Sec. 8-87.82 MAINTENANCE - REQUIRED. Each sign shall be maintained in a secure and safe condition. If the City is of the opinion that a sign is not secure, safe, or in a good state of repair, it shall give written notice of this fact to the person responsible for the maintenance of the sign. If the defect in the sign is not corrected within the time permitted by the city, the city may revoke the permit to maintain the sign and may remove the sign in the manner provided in Section 8-87.85. Sec. 8-87.83 ILLEGAL SIGNS SUMMARY REMOVAL. Illegal Signs, may be removed in the following manner: a) The Planning Director shall give written notice to the owner of the premises as shown in the last equalized assessment roll, or as known to him, and to each person other than the owner who appears to be in possession or control of the premises. The notice shall be by certified mail addressed to the premises where the violation exists and to the property owner at the address shown on the last equalized assessment roll. The notice shall contain the following: 1) a general description of the sign which is allegedly in violation; 2) a copy of the Section of this Chapter which is being violated; 3) a notice of time and place at which time the owner or the person responsible may appear and present evidence as to the absence of a violation. b) The Planning Director shall hold a hearing at the time and place set forth in the notice. At the hearing either the owner or the occupant of the premises, or both, may appear and be heard. c) If at the conclusion of- the hearing the Planning Director finds that a violation of the Sign Ordinance is continuing to exist, then the Zoning Administrator may order the sign to be summarily removed within a specified number of days. The Zoning Administrator shall give notice that if the sign is not removed by the end of the period specified the City will remove it in accordance with Section 8-87.86. d) Each person who erects a sign which is subject to removal under this section is jointly and severally liable for the cost of removal. -22- e) The City may dispose of the sign sixty days after removal by giving the owner notice that the owner may redeem the sign by paying the cost of removal, or if he fails to do so, the City will dispose of the sign as it sees fit without further liability to the owner for this action. sec. 8-87.85 MEANS OF REMOVAL OF ILLEGAL AND/OR NONCONFORMING SIGNS. Unless some other method of of P illegal s an d/or ov Building non onforming o s gns f shall be writing, the removal accomplished in the following manner: 1) Signs painted on buildings, walls, or fences shall be abated by the removal of the paint constituting the sign or by painting over it in such a way that the sign shall not thereafter be visible. 2) Other signs shall be abated by the removal of the sign, including its supporting members. Sec. 8-87.86 VIOLATION-NUISANCE-ABATEMENT. A sign erected or maintained in violation of this Chapter is a public nuisance, and the City Attorney shall, upon order of the City Council, commence an action for the abatement thereof in the manner provided by law. The City may take proceedings for the abatement of the nuisance and make the cost of abatement a lien and a special assessment against the property in accordance with Government Code Section 38773, 38773.5. In addition, the cost of abatement shall be a personal obligation of the property owner. Sec. 8-87.87 VIOLATION - PENALTY. A person who violates this Chapter is guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars or imprisoned in jail for not more than six months, or by both such fine and imprisonment. Each day a violation exists is a separate offense and shall be punished as such. Sec. 8-87.90 AMENDMENT AND REPEAL, SEVERABILITY Sec. 8-87.91 AMENDMENT AND REPEAT'. a) The following provisions of Chapter 2 of Title 8 of the Dublin Ordinance ract Sign, 8- Code regarding signs are repealed; 8-20•a0 ant Re tal, T 8-22.10 Sign, 22.9 Sign, Advertising, 8-22.9.1 Sign, Ap Business, 8-22.10.1 Sign, Community Identification, 8-22.10.2 Sign, Directional Tract, 8-22.10.3 Sign, Freestanding, 8-22.11 Sign, Identification, 8-22.11.1 Sign, Pedestrian, 8-22.11.2 Sign, Political, 8-22.11.3 Sign, Projecting, 8-22.12 Sign, Sale or Lease, 8-22.12.1 Sign, Subdivision Sale, Rent or Lease, 8-22.12.2 Sign, Service Station Price, 8-22.12.3 Sign, Shopping Center Master Identification, 8-22.12.4 Sign, Wall, 8-22.12.5, Sign Wind, 8-22.12.6 Sign, Are 8-25.4(e) Accessory 8-25.7 Signs: A Districts, Uses: A Districts - Accessory Business Signs, 8- 8-30.1, a) Other Regulations: R-4 Districts - Identification Sign, 45.8 Signs: H-1 Districts, 8-46.7 Signs: C-O Districts, 8-46.7.1 Office Building Master Identification Sign: C-O Districts, 8-47.5 Signs: C-N Districts, 8-47.5.1 Service Station Sign Display Structure: C-N Districts, 8-48.2(r) Conditional Uses: C-1 Districts-Advertising Signs, 8-48.8.1 Business Signs: C-1 Districts, 8-48.8.2 Low Profile Signs: C-1 Districts, 8-48.8.3 Shopping Center Master Identification Sign(s) : C-1 Districts, 8-48.8.4 Office Building Master Identification Signs: C-1 DiT tri.cts, 8-48.8.5 Service Station Sign Display Structure: C-1 -23- Districts, 8-49.2(j) Conditional Uses: C-2 Districts - Advertising Sign, 8-49.6.1 Business Signs: C-2 Districts, 8-49.6.2 Low Profile Sign: C-2 Districts, 8-49.6.3 Shopping Center Master Identification Sign(s) : C-2 Districts, 8-49.6.4 Office Building Master Identification Sign: C-2 Districts, 8-49.6.5 Service Station Display Structure: C-2 Districts, 8-50.8 Signs: M-P Districts, 8-51.3(1) Conditional Uses: M-1 Districts - Advertising Sign, 8-51.9 Business Signs, Low Profile Sign, Service Station and Sign Display Structure: M-1 Districts, 8-52.2(b) Conditional Uses: M-2 Districts-Advertising Sign, 8-52.9 Business Signs, Low Profile Sign, Service Station and Sign Display Structure: M-2 Districts, 8-60.61 Signs, 8-60.65 Signs Permitted, 8-60.65.1 Signs, Conditional Uses, 8- 60.65.2 Abatement of Signs Relating •to Inoperative Functions, 8-60.66 Signs Prohibited, 8-60.67 Advertising Signs Adjacent to Scenic Routes, 8-62.10 Nonconforming Signs, 8-62.11 Nonconforming Signs, 8-62.12 Signs Accessory to Nonconforming Business or Industry, 8-62.13 Signs Accessory to a Building Located Within a Required Yard. Sec. 8-87.92 SEVERABILITY. If any Section, Subsection, Sentence, Clause, or Phrase of this Chapter is held to be invalid or unconstitutional, such decision does not affect the validity of the remaining portions of the Chapter. The City Council declares that it would have passed this Chapter, each Section, Subsection, Clause or Phrase thereof, irrespective of the fact that any one or more other Sections, Subsections, Clauses or Phrases may be declared invalid or unconstitutional. Section 2 Repeal: _ The following provisions of Chapter 2 of Title 8 of the Dublin Ordinance Code regarding signs are repealed; 8-20.101 Directional Tract Sign, 8- 22.9 Sign, Advertising, 8-22.9.1 Sign, Apartment Rental, 8-22.10 Sign, Business, 8-22.10.1 Sign, Community Identification, 8-22.10.2 Sign, Directional Tract, 8-22.10.3 Sign, Freestanding, 8-22.11 Sign, Identification, 8-22.11.1 Sign, Pedestrian, 8-22.11.2 Sign, Political, 8-22.11.3 Sign, Projecting, 8-22.12 Sign, Sale or Lease, 8-22.12.1 Sign, Subdivision Sale, Rent or Lease, 8-22.12.2 Sign, Service Station Price, 8-22.12.3 Sign, Shopping Center Master Identification, 8-22.12.4 Sign, Wall, 8-22.12.5, Sign Wind, 8-22.12.6 Sign, Area, 8-25.4(e) Accessory Uses: A Districts - Accessory Business Signs, 8-25.7 Signs: A Districts, 8-30.10(a) Other Regulations: R-4 Districts - Identification Sign, 8- 45.8 Signs: H-1 Districts, 8-46.7 Signs: C-0 Districts, 8-46.7.1 Office Building Master Identification Sign: C-0 Districts, 8-47.5 Signs: C-N Districts, 8-47.5.1 ' Service Station Sign Display Structure: C-N Districts, 8-48.2(r) Conditional Uses: C-1 Districts-Advertising Signs, 8-48.8.1 Business Signs: C-1 Districts, 8-48.8.2 Low Profile Signs: C-1 Districts, 8-48.8.3 Shopping Center Master Identification Sign(s) : C-1 Districts, 8-48.8.4 Office Building Master Identification Signs: C-1 Districts, 8-48.8.5 Service Station Sign Display Structure: C-1 Districts, 8-49.2(j ) Conditional Uses: C-2 Districts - Advertising Sign, 8-49.6.1 Business Signs: C-2 Districts, 8-49.6.2 Low Profile Sign: C-2 Districts, 8-49.6.3 Shopping Center Master Identification Sign(s) : C-2 Districts, 8-49.6.4 Office Building Master Identification Sign: C-2 Districts, 8-49.6.5 Service Station Display Structure: C-2 Districts, 8-50.8 Signs: M-P Districts, 8-51.3(i) Conditional Uses: M-1 Districts - Advertising Sign, 8-51.9 Business Signs, Low Profile Sign, Service Station and Sign Display Structure: M-1 Districts, 8-52.2(b) Conditional Uses: M-2 Districts-Advertising Sign, -52.9 Business Signs, Low Profile- -24- Sign, Service Station and Sign Display Structure: M-2 Districts, 8-60.61 Signs, 8-60.65 Signs Permitted, 8-60.65.1 Signs, Conditional Uses, 8- 60.65.2 Abatement of Signs Relating to Inoperative Functions, 8-60.66 Signs Prohibited, 8-60.67 Advertising Signs Adjacent to Scenic Routes, 8-62.10 Nonconforming Signs, 8-62.11 Nonconforming Signs, 8-62.12 Signs Accessory to Nonconforming Business or Industry, 8-62.13 Signs Accessory To- a Building Located Within a Required Yard. Section 3 Effective Date and Posting of Ordinance: This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of the State of California. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this 28th day of April, 1986, by the following votes: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -25-