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HomeMy WebLinkAboutItem 8.1 Window Signage Regulations G~~~ OF DUB~y i9~ . , ~s2 STAFF REPORT CITY C L E R K ~~~LIC~~s~ DUBLIN CITY COUNCIL Flle # ?®00?-®® DATE: June 7, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC Window Signage Regulations Prepared By: Marnie R. Waffle, Senior Planner EXECUTIVE SUMMARY: At the direction of the City Council, Staff has prepared an informational report on the City's Window Sign Regulations which are contained in Chapter 8.84 of the Dublin Zoning Ordinance. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council receive the report. ubmitted By Review y Community Development Director Assistant City Manager Page 1 of 6 ITEM NO. g • DESCRIPTION: Background In Se tember 2010, a citizen filed a complaint against 80 businesses in Dublin regarding alleged p violations of the Sign Regulations contained in the Dublin Zoning Ordinance Chapter 8.84. Of the 80 businesses, 66 were alleged to have window sign violations. The Planning Division responded to the complaint and verified 43 window sign violations. In an effort to be fair and equitable towards all businesses, Staff also conducted inspections City-wide to determine whether additional window sign violations existed in the community. A total of 40 additional window sign violations were documented based on Staff initiated inspections. One shopping center remains to be inspected and could result in more violations being identified. As of May 2011, 33 of the complaint-driven window sign violations had been corrected and 39 of the Staff initiated violations had been corrected. On February 1, 2011 the City received a letter from commercial property owners, Jim and Ellie Lange, expressing concern over the City's enforcement of the window sign regulations (Attachment 1). At the February 15, 2011 City Council meeting, Ellie Lange, representing two of their tenants, Golf Mart and Soccer Pro, addressed the City Council during the public comment period regarding the enforcement of the window sign regulations (Attachment 2). The City Council directed Staff to prepare an informational report on the City's window signage regulations. Figure 1. 6635 Dublin Boulevard Golf Mart and Soccer Pro Golf Mart and Soccer Pro are located y~ within the same commercial center at _ 6635 Dublin Boulevard (see Figure 1). . Both Golf Mart and Soccer Pro were ~ ~ ~ included in the September 2010 ~ ~ •P complaint regarding window signs. The ~ ` { Planning Division conducted an ' inspection of Golf Mart and Soccer Pro _ : ~ , and confirmed they were in violation of ~ r the window sign regulations (see ~ ; Attachment 2). All enforcement 'x a. activities against Golf Mart and Soccer , ~ ~ ~a Pro have been suspended pending City ~ ~ ~ ~ fr°~~-' 4., s. a Council receiving this report on window ~ , ~ ~ _ ~ ~ signage regulations. .a ~ ~ z . r , y ttt z ~'i ~..~~ls 4 ~ ~ A ~Y:'.:N~ Page 2 of 6 Background on Dublin Window Sign Regulations The City of Dublin incorporated in 1982 and upon incorporation adopted Ordinance 13 making Alameda County's Sign Regulations the City of Dublin's Sign Regulations (Attachment 3). The County of Alameda Sign Regulations stated that window signs, not exceeding 25% of the window area from which they were viewed, were permitted in any Zoning District and would not be included as part of the total allowable sign area. The City of Dublin did not amend the County's window sign regulations upon adoption of the City's first Zoning Ordinance in 1982. In December 1986, the first comprehensive revision to the City of Dublin Sign Regulations was adopted by City Council Ordinance 7-86 (Attachment 4). Ordinance 7-86 did not change the window sign regulations. Between 1986 and 1994 four amendments to the Sign Regulations were adopted; however, none of the amendments altered the window sign regulations. In August 1994, the second comprehensive revision to the City of Dublin Sign Regulations was adopted by City Council Ordinance 6-94 (Attachment 5). Prior to adoption of the new Ordinance, a Sign Ordinance Workshop was coordinated between the City and the Dublin Chamber of Commerce to solicit input from the business community on the existing sign regulations. A number of major sign issues were raised at the workshop. Subsequently, the City Council appointed a Sign Task Force comprised of 14 local business representatives to review the major sign issues-and develop alternatives to resolve them. The resulting Ordinance amended, clarified and reenacted the Sign Regulations but window signs remained limited to no more than 25% of the contiguous window area. As part of this comprehensive revision to the Sign Regulations, the following definition for window signs was adopted and remains in effect today: Window Sign. The term Window Sign shall mean a sign attached to, suspended behind, placed or painted upon, the window or glass door of a building which is intended for viewing from the exterior of the building. In 1997 a comprehensive revision to the entire Zoning Ordinance was adopted by City Council Ordinance 20-97 (Attachment 6). Prior to adoption of the new Zoning Ordinance, a Zoning Ordinance Steering Committee, comprised of two Planning Commissioners and the Dublin Chamber of Commerce President, was established to work with Staff on the Zoning Ordinance updates. Numerous public hearings and study sessions were held with the Planning Commission and City Council to review and discuss amendments to the Zoning, Ordinance. Ordinance 20-97 did not change the window sign regulations. The regulation limiting window signs to no more than 25% of the contiguous window sign area serves two purposes. The limitation on the amount of window signs helps to reduce the amount of visual clutter. Also, limiting the amount of window sign area helps to improve the surveillance ability for the Dublin Police Services to monitor the interior of businesses for public safety and elicit activities. In summary, the regulation limiting window signs to no more than 25% of the contiguous window area was a provision contained in the County of Alameda Sign Regulations which was adopted by the City of Dublin upon incorporation in 1982. The window sign regulations have remained the same since incorporation. Page 3 of 6 Enforcement Policies In January 2000, the City Council adopted Resolution 6-00 (Attachment 7) establishing an Enforcement Policy that contains the types of violations that shall be enforced on a proactive basis and those that, shall first require a complaint. In October 2009, the Enforcement Policy was revised by City Council Resolution 150-09 (Attachment 8). The following sign violations are enforced on a proactive basis: • A-frame signs; • Banner signs without permits; • Temporary political signs; • Temporary promotional signs including balloons, pennants and streamers; and, • Vehicle signs. Window signs are not included in the Enforcement Policy as a violation that is enforced on a proactive basis and is therefore responded to on a complaint basis. However, as a result of the breadth of the September 2010 complaint regarding window signs, Staff also initiated City-wide inspections to determine if other window sign violations existed in an effort to be fair and equitable to all businesses. The City's Enforcement Policy will be brought back to the City Council in the Fall 2011 for re-evaluation. Tri-Valley Window Sign Regulations The cities of Pleasanton, Livermore, San Ramon and the Town of Danville also regulate window signs within their respective jurisdictions and restrict the amount of window signs a business can display (see Table 1 below). Table 1. Tri-Valley Cities Window Signs Regulations City Window Signs Maximum I Type/Location ~ Other Restrictions C ~Ilowed Sign Area Pleasanton ~ Yes 25% Individual window or Prohibited above 2~" ~ door floor Livermore Yes 50% ~ Window painting 35 days maximum in a 3 month period 35% Temporary window Downtown Specific Plan; signs/Applied inside Lettering, shapes, logos of the glass to convey name, not I merchandise or services 25% Individual window 15% per shop front; 30" high x 5' wide max. Professionally painted, clear background, vinyl discouraged San Ramon Yes ~ 20%* Window area Name, hours, services, letters, scenes, pictures and/or symbols Danville ~ Yes 25% Contiguous window Meet specific design T ~ ~J area criteria ~ Dublin ~ Yes 25%* Contiguous window i1 None ~ area I I *Unless otherwise stated in an adopted Master Sign Program. Page 4 of 6 City of Pleasanton The City of Pleasanton allows window signs to cover up to 25% of an individual window or door (see Figure 2). For buildings that are more than 2 stories high, window signs are not permitted above the 2"d floor. City of Livermore The City of Livermore has three categories of window signs: window painting, temporary window signs and permanent window signs. Window painting is allowed to cover up to 50% of a window and is limited to 35 days within a 3 month period. Temporary window signs are allowed to cover 35% of a window and must be placed on the inside of the glass. Temporary window signs may include lettering, shapes and logos to convey the business name but cannot include merchandise sold or services rendered. Permanent window signs are allowed to cover 25% of an individual window (see Figure 3) and allowed to cover a maximum of 15% of all windows. The window signs must be applied on the inside of the glass and be professionally painted with a clear background; vinyl lettering is discouraged. City of San Ramon The City of San Ramon allows window signs to cover up to 20% of a window area unless otherwise stated in an adopted Master Sign Program. Window signs are limited to the business name, hours of operation, and services rendered., Lettering, scenes, pictures and/or symbols may be utilized. Town of Danville The Town of Danville allows window signs to cover up to 25% of the contiguous window area. Window signs must meet the following criteria: be compatible with the architectural style of the building; be in proportion and scale with the space in which it is located; be applied to the window in a professional manner; and, be of a permanent nature. Window signs are also allowed to be temporary and promotional in nature. They remain limited to 25% of the contiguous window area but may be painted on and are subject to a sign permit. City of Dublin In the City of Dublin, window signs are primarily regulated through Chapter 8.84 (Sign Regulations) of the Dublin Zoning Ordinance and are limited to a maximum of 25% of the contiguous window area. In addition to Chapter 8.84 of the Dublin Zoning Ordinance, sign regulations may be established through a Master Sign Program. .Many of the commercial shopping centers in Dublin have Master Sign Programs and in most cases the Master Sign Program refers back to Chapter 8.84 for window sign regulations; however, some Master Sign Programs contain window sign regulations that are more restrictive than Chapter 8.84 and some which are more lenient. For example, Ulfert's Center has a Master .Sign Program which restricts window signs to no more than 10% of the window area and both Grafton Station and Fallon Gateway restrict window sign heights to a maximum of 12-inches (Chapter 8.84 does not restrict window sign heights). The Master Sign Program for Tralee restricts window signs to 25% of the window area up to a maximum of 5 square feet. However, Avalon @ Dublin Station allows up to 35% of a window area to be covered with window signs; the window area is defined by the window mullions and the window signs must be setback 6-inches from all window edges. Page 5 of 6 Window signs can be displayed in a variety of configurations from 25% of a single window pane to 25% of multiple window panes (see Figure 2). Figure 2. Examples of 25% Window Sign Placement Variations x;111 p 4 ~ _ - - - - _ t _ - . ~ _ , , _ 25% Window Sign Coverage Conclusion Dublin's window sign regulations were in effect prior to incorporation in 1982. The Sign Regulations as a whole have undergone numerous updates since 1982 with input from the public, and the window sign regulations have remained unchanged. In accordance with the 2000 and 2009 Enforcement Policies, window sign enforcement is conducted on a complaint basis, and in September 2010 a complaint was filed against 80 businesses in Dublin. In response to the complaint and in an effort to be fair and equitable towards all businesses, Staff conducted City-wide inspections and found that additional window sign violations existed in the community. In reviewing the window sign regulations for other cities in the Tri-Valley, Dublin's window sign regulations are consistent with surrounding jurisdictions. NOTICING REQUIREMENTS/PUBLIC OUTREACH: This is an informational report to the City Council at the request of the City Council. An informational report is not subject to a public hearing and therefore a public notice is not required. A copy of this Staff Report was provided to Jim and Ellie Lange, as well as those that addressed the City Council (Michael Gasior -owner of Soccer Pro, and Tim Smith -owner of Accurate Impressions) on this topic at the City Council meeting of February 15, 2011. ATTACHMENTS: 1. Letter from Lange Enterprises dated received by Dublin Planning on February 1, 2011. 2. City Council meeting minutes February 15, 2011. 3. Photographs of Window Signs at Golf Mart and Soccer Pro. 4. .City Council Ordinance 13. 5. City Council Ordinance 7-86. 6. City Council Ordinance 6-94. 7. City Council Ordinance 20-97. 8. City Council Resolution 6-00. 9. City Council Resolution 150-09. G: IAgendas120111 Window SignsICCSR 06 07 11_rev l.doc Page 6 of 6 : i ` f~: 1. 3t `Rea[ €state Brokers - 6500 DUBLIN BOULEVARD • SMITE 202 • Df1BLIN ~ CA 94568 • (425} 828-6905• fax (925) 828-1052 _ { ENTERPRISES _ January 31, 2011 ~ : ~ ~$L~~ ~'L~?~9VI~V(~ Tim Sbranti, Mayor ' Kevin Hart, Vice 1Vlayor Don Biddle, Council Member , ` ' ' . ~ - ' Kasie Hildenbrand, Council Member Eric 5walweli, Council Member Joni Patillo, City Manager _ Jeff Baker, Planning Manager. . Re: Dublin Municipal Code Title 8 =Chapter 8.84, Sign Regulations Ladies and. Gentlemen: This eater is.in response to a letter: we upderstand you, received goiiiplaining about signage, iq - excess of 25 % in the windows of some businesses in Dublin.; .~As Dubhn property gwners and' ' managers for amore than 40 years, vve take ,great exception tQ creation and implementation of this 'ordinance and your`enforcementpglicies, especially at a time wfien small businesses:are just survive the current economic environment. ` tr3'ing to . ~ First of all, it is our understanding that this little known ordinance was instituted in .1997, without . the knowledge of:property ownersor the benefit of input from us. In the years since, i# was never: ' enforced until a few months ago when you received one complaint ftom one person who remains: anonymous to us. , Whether or not you have the right to arbitrarily enforce it now is questionable: However, even if you do have the right,' why did you.not enforce.it when the economy was in high gear instead of ~ ' ' waiting for arguably the worst economic times since the Great Depression to add another burden: ~ E ' to small business owners who are doing everything within their power t6 survive? We own several properties in Dublin; and the focus of this letter is on the property at 6635 Dublin Blvd., which is partly occupied_by the Golf 1VIart`and Soccer Pro.: , ~ i .The Go1f.Nlart has been a tenant in the building foie more than i 5 years. They: are diligent about paying their- rent on time, and maintaining their property. Every year t~iey get a business license: ~ . .and pay their sales. tax; which certainly benefits the City. They are surviving in a.liighly . competitive market, partly. due to the fact that their window signage tells.potential customers about their services,in.the hopes of drawing_rriore people'info their store, sd hey can~contiriue to lie successful: Their signage was;never'a problem before and shouldn't be now:.. ~ , . , :ATTACHMENT 1:. ~d-~ ~J. ~ _ - Soccer Pro is also a long tix~ie tenant; and their•successful sales benefit the City as well. Covering; their windows helps to protect their large. inventory from sun damage during the warm months. Their windows aze treated with tasteful, digital, and professionally designed and installed filmx depicting pictures and murals: The windows. artwork is changed on a regular basis. Chapter _ ' ~ 8:84:140 of.your Sign Regulations exempts murals and artwork from this.ordinance, so we believe Soccer Pro ought to be exempt from any compliance issues: . ' Our tenants and`we feel 'strongly that this'signage restriction is truly anti~liusiness at a time when . , ' .small business iaeeds all the Help (and not Hindrance) it can get. We would like to see this ~ ` ordinance abolished ar at least put on hold until a better time in the economy. In the meantime, instead of addressing "violations," why not educate businesses about compliance when they.. obtain their business licenses? We will be at the City Council meeting February 15 to address this issue in the hope that you ~ ' will reconsider your. position. in the meantime,~please~ feel.free to contact us at the above phone • numbers. . Respectfully yours, . J' and:Ellie Lange, . Cc: Dean Baxley, Senior Code Enforcement Officer ~ - ' ' Anthony Romero, Code Enforcement Officer . • 1Vlichael Bronek; Soccer:Pro:; Steve:Hendren, Golf Mart ~ ~ . ; . = ; : ; . f;, ' . . ~9 OF DU~~~ MINUTES OF THE CITY COUNCIL ~ OF THE CITY OF DUBLIN 19 ~ 82 _ Februa 15 2011 REGULAR MEETING ry , O`1LIFOR~ CLOSED SESSION A closed session was held at 6:30 p.m., regarding: I. THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: Dublin Police Chief McCarthy A regular meeting of the Dublin City Council was held on Tuesday, February 15, 2011, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06:27 PM , by Mayor Sbranti. Vii` ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti ABSENT: PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. REPORT ON CLOSED SESSIO ACTION Mayor Sbranti stated thi vening the City Council met with the Chief of Police in closed session to discuss security easures during public meetings in the Council Chambers. The City scheduled the clo d session in response to the shooting in Tucson, Arizona in which Congressional epresentative Gabrielle Giffords was the target and other similar violent incidents at blic meetings, such as a December 2010 incident at a School Board meeting in Panama C' ,Florida and a February 2008 incident at a City Council meeting in a suburb of St. Louis, M' souri. The safety and security of the public, Staff and Councilmembers participating in City C ncil meetings is of the utmost importance. DUBLIN CITY COUNCIL MINUTES ~ 1 VOLUME 30 REGULAR MEETING 19~ FEBRUARY 15, 2011 ~ ~ ATTACHMENT 2 ~ ~ ORAL COMMUNICATIONS Certificate of Reco nition r the Dublin Stealth Soccer Team 7:07:55 PM 3.1 (61 50) The City Council pr sented a Certificate of Recognition to the Dublin Stealth Soccer Team for recent champions p wins and recognized the team coach and players in attendance. Commemor tion of Rota 's Foundin on Februa 23 1905 7:15:07 P 3.2 (610-50) The Ci of Dublin presented a proclamation to the Rotary Club commemorating the Rotary's founding on February 23, 1905. Public Comments 7:23:45 PM 3.3 Ellie Lange stated she was a co-owner and property manager of several pieces of commercial properties in Dublin. The City had sent out notices of violation of the 25% window sign ordinance to which she responded to the City with a letter of concern. She had been told by Staff the ordinance had been adopted in 1997. She now understood, from Staff, that it was actually a 1968 County ordinance that that transferred to the City when Dublin was incorporated. She had not known about the ordinance. The ordinance had never been enforced. The referenced signage had never been a problem in the City. The timing of enforcement raised several questions. Was this a problem now or was it more of a knee-jerk reaction to one complaint? Was there truly an issue about signage in the community? Could the City enforce it now when small businesses were doing everything they could to try to survive? She believed the 25% rule to be arbitrary. It appeared to be subjective. She asked the City Council to reconsider its decision. Vm. Hart asked if this item could be agendized for discussion. City Manager Pattillo stated Staff had addressed the Lange's letter. Also, there had been 92 violations. One business owner had not been targeted. It was an issue that was enforced through complaint. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 30 REGULAR MEETING ~ ~ FEBRUARY 15, 2011 19 ~ Vm. Hart stated it was of value for the City Council to have an open discussion about this issue. Cm. Hildenbrand stated the issue had been a part of the sign ordinance that had recently been reviewed by the City Council. Was Vm. Hart asking to re-review the ordinance? Vm. Hart stated no. Ms. Lange had stated that it had not been reviewed and was a carry over from the County. That was a question he had. Secondly, if it had not been reviewed, it was of value for the City Council to at least have a discussion in reference to this specific ordinance. City Attorney Bakker stated that Staff would be reviewing this ordinance next fiscal year if there was funding. Vm. Hart stated he would like this to come back to the City Council for discussion sooner rather than later. City Manager Pattillo stated that the Chamber of Commerce, as well as businesses, had been involved in this discussion. She asked if the City Council wanted this item back for discussion.. Vm. Hart stated the current City Council needed to provide feedback and discussion to Staff. Mayor Sbranti asked that the history of the ordinance come back for discussion. City Manager Pattillo stated the direction would have to be part of the discussion. Vm. Hart stated it was of value to the City's business community that there be an open dialogue. It might not necessarily change. City Manager Pattillo clarified that this issue was only regarding the 25% of coverage sign ordinance. The City Council concurred. Michael Gasior, Dublin resident, stated he was the owner of Soccer Pro. This issue.was also a concern for him as a small business owner. Signage did help identify location. The signage for which he received a violation notice did allow anyone to view in and out of the window. The economy was getting worse and he would like the City to help the businesses. Nahid Arih, Afghan Community. Outreach Coordinator for the Office of Alameda County District Attorney, stated she was an Afghan American working to organize. a community center in Dublin which could assist to build a stronger relationship with joint efforts for building safe environments and productive communities. Sohaila Hashimi, Dublin resident and business owner, stated there was a growth of Afghan families in the area. She supported the effort to build an Afghan community center in the area. DUBLIN CITY COUNCIL MINUTES 3 VOLUME 30 ~.~~Oe DUe~, REGULAR MEETING ii; FEBRUARY 15, 2011 4G/FORN~ ~ Tim Smith, owner of Accurate Impressions, stated he was here to support the two other business owners who spoke earlier regarding the sign issue. CONSENT LENDAR 7:45:03 PM Ite 4.1 through 4.7 On motion of Cm. 'Idenbrand, seconded by .Cm. Biddle and by unanimous vote, the City Council took the followi actions: Approved (4.1) Minutes of Fe uary 1, 2011; Adopted (4.2 540-50) RE OLUTION NO. 12 -11 DECLARING WEEDS AND COMBUSTI LE REFUSE A PUBLIC NUISANCE AND ORDERING THE AB TEMENT THEREOF Adopted (4.3 420-30) ORDINAN NO. 1 -11 APPROVING ZONING ORDINANCE AMENDM NTS TO CREATE A NEW CHAPTER: 8.30 (DOWNTOWN DUBLIN ZONING DISTRICT), R ZONE ALL PROPERTIES WITHIN THE DOWNTOWN DUBLIN SPECIFIC PLAN PROJE T AREA TO THE DOWNTOWN DUBLIN ZONING DISTRICT, AMEND THE ZONING MAP TO ENTIFY THE LOCATION OF THE NEW ZONING DISTRICT AMEND ZONING ORDINANCE C PTER 8.12 (ZONING DISTRICTS AND PERMITTED USES), AND AMEND CHAPTER 8.104 ( TE DEVELOPMENT REVIEW) PA 07- 036 Adopted (4.4 820-30) RESOLUTION NO. 13-11 DIRECTING PREPARATION OF ANNUAL ENGINE R'S REPORT FOR CITYWIDE STREET LIGHTING MAINTENANCE ASSES ENT DISTRICT 83-1 DUBLIN CITY COUNCIL MINUTES 4 VOLUME 30 ,~oFOti~ REGULAR MEETING ,a/~~ir ~o FEBRUARY 15, 2011 ~ ~`D ~ a r ~wl~ # ~ .•~.~i ; -~..G? ~ ~ PPP r ! u CV i s; r ~ . ~1 t .f 'i~ Y ~i :.r ~ >I N ~ y~ .2 :l1 ~ i O r ~ ~ , i ~ ~ ~ lyr f~ r "r Z , ,,,A' ',-'r 1rna~c °r4~ =Tn ,,r bt~^sk.s~ ~y i,t F O ~ Tt. •j~, err 's - r w~< iv ~~'~~'rr? . ' d f~.4a fry AX ~l i •.~Rf~~"~~~F ~ ` 1 . ~ i f r, ~ ~ e.~ • s j' ,f a r !y-~"¢.sr~'13~.,~r 11Fi ;y z~y 7 i M r :r Y ~ 1 r ~ ~ o~ i / ~ ~t rap '~9twrfa," d ~'t.1•lAp3r ~.~~-a.f ~ y > 1 'tra Sr ?r~ y , s r~X :i ~ f ~ s ~ F Q. -ti r r~ s'-- s~i'4 f. , ~ ~ ` > } 7 i /al 1, ~ e S + ( ~ y _ _ r _ ~ ' it ~ ~ , ~F J w 1 ` ~ :a ~ i I r i ~ 1 ~ '~`7 i ~ ~ { l 1. ~ r , ~ s r b. t . ; ~ E, 1 1 ~ < ~p ~ ~ ' ~ ~ ~ i t,`^~`!'~ " ° -lr~Vti'-y^l1~ ~.r. ATTACHMENT 3 • S 1 1 i ,,//)`,~f11~AlIIrA1M1ll~11 !9 t'~`1~+~'~'~?'~ f fi'i~!~f!'~11~! ~~.'/~I1~91~1~1111!11~1~ -~e~~~'~t~,~~~~`ti~lTll4~ll~9N t~1,1 ~ ~ 1 ~ ~ ~J .~_„o . ~ i 1 f ~ ~ . yi~_ l ~ _ - iM _ r ~ i'~ F ~ .~~1 w .w. ..r ~ • S 1 1 I t r. ~ _ _ ~ - ~ ~ a. , _ Cis ~ o - ~ r ~ ® ~ ~ ill ~ ~ ~ ? ~ ~ ~ ~ ~ ttl~ ,(ll~®~ F o ~ - / ~ ~r _c4' ~~Il MAN UT~ ~ _ _ _ . ~ _ v _ .^`y^~ ~ % ~ ~ .y 9 F.. ORDINANCE,NO. 13 AN ORDINANCE OF THE CITY OF DUBLIN ' PROVIDING FOR INDEFINITE EXTENSIAN IN EFFECT OF CERTAIN OF. THE COUNTY OF ALAMEDA ORDINANCES ADOPTED BY DUBLIN ORDINANCE NO. 1 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. CERTAIN COUNTY ORDINANCES CONTAINED IN EFFECT The following ordinances only~of the County of Alameda, heretofore adopted by Dublin Ordinance No. ,l, which was adopted and effective February 1, 1982, shall be continued in effect for an indefinite period: Title 1 Chapters l and 2 Title 2 Chapters 1, 2, 4, 5, 6, 7, 8, and 9 T i~tle 3 Article 8 of Chapter 6 Title 4 Chapters 1 and 5 Title 5 Chapters 1, 2 , 3 , 4 , and 5 Title 6 Chapters 1 and 2 Title 7 Chapters 1, 2, 3, 4, 5 and 6 Title 8 Chapters 1 and 2 Section 2. DEFINITIONS Any reference in the foregoing County of Alameda. . ordinances to the "Board of Supervisors," ".Planning Commission" or "Sheriff" shall be deemed to be references to the "Dublin. City Council," "Dublin Planning Commission," and "Dublin Police Chief" respectively. ' Section 3. IMMEDIATE EFFECT Ordinance No. l was enacted pursuant to Government Code Section 35441 which provides that the County ordinance shall continue in effect for a period of 120 days only after incorporation of the City. The City of Dublin has not completed the review and adoption of a municipal code in said 120 day period, which ends on June 1, 1982. Unless this Ordinance becomes effective immediately, the City. of Dublin will be without a sufficient body of local laws necessary to protect the public peace, health and safety. This Ordinance is therefore, necessary for the immediate. preservation of the public peace,. health and welfare, and . . . ` ~ ATTACHMENT 4 ~p N ^t shall take effect immediately. PASSED AND ADOPTED by the City Council of the City of. Dublin on this 24th day of May 1982 by the following votes: AYES: Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder NOES : None ABSENT: None Mayo Attest: B City C rk 2 'cam,-: ~.:~/1 _ . ,c ORDINANCE NO . '7 - 8 6 _ .AN ORDINANCE OF THE CITY OF DUBLIN i-_'" ' REPEAhING 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 RFARGANIZE`AND MODIFY . ~ .THE 'CITY OF DUBLIN 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: . g_87•p GEI~L PROVISIONS. The provisions. of this Chapter: .shall. be subject to_ the following general regulations, special. provisions and .exceptions. Sec. 8-87.1 DDCS.AF2ATION OF P[k2PO.SE ArID STP~'~~`~' OF OR7EC.PIVFS. The purpose of this Chapter is to provide standards to safeguard the health, safety and welfare of the ccxt~nunity by regulating and controlling the design, quality of materials,.: cons~,_ruction, 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 Pian; b) Provide a reasonable system of regulations for signs,as a part.of the City's comprehensive Zoning Ordinance; c) Promote reasonable uniformity among .signs and thereby encourage . development and .use of signs which, are canpatible with. adjacent land ,uses and which protect business sites fran loss of.praninence resulting fran use of excessive signs on s-arrounding sites; d) Attract and direct persons to various activities ,and enterprises and.to. promote more effective visual ccstuminication for the nature of goods and services `available, i.n order to provide for the maximum public convenience; e) Enhance the economic value of. the community through proper signage and encourage signs which are well designed, and .pleasing in appearance and to provide incentive and latitude for variety, gbod.desian relationship and spacing; f) Provide for vehicular and pedestrian safety by, prohibiting or restricting distracting signs. Sec. 8-87.2 D~r'rauAmION OF POLICY. It is :recognized that the attractiveness of the ccxtatn~nity is an important factor of t'~e general welfare of the . . citizens of the City and that reasonable control of signs is in the public interest.. Further recognized is th:e right and- need of each business, firth, or corporation to identify its respective place of business. or service. and that a need exists to protect public and private investments in bui_lai_ngs 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. _ 1 - . ATTACHMENT 5 . . 1 _ ~ Sec. 8-87.10 DEFIlJITIONS. 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) Camuuiity Identification Sign. .The term Community Identification Sign shall mean a Business Sign incorporating .information referring' exclusively to service clubs and/or comimznity slogans. (Conanunity Identification Signs are regulated by Section 8-$7.66 b).) e) C-2-B-40 Directory Sign. The term 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 term Directory Sign shall mean a.Busi.ness 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- f . ' i) Identification Sign.. The term: Identification Sign shall mean a sign ~5r . 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) I111~+inated 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 ec~lex including the range of the businesses within the complex, and may also serve as-a directory sign identifying a minimum of four and a maxinnIIn of ten tenants located in said complex. (Low Profile Signs are regulated by Section 8-87.35.) - 1) Non-conforming Sign. The term Non-confbrniing 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; riot 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 -riot parallel to the wall to .which it is attached.- (Projecting signs are regulated by Section 8-87.33.) 1 -3- - . ~1 ~ , r) Roof Line_ The.term Roof Line shall mean the top .edge of the roof or - top of the parapet, whichever forms: the tap 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 maxinnun 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 ervices.:(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.. J y) Time%i~erature Sign, The term Time/Temperature Sign shall mean a Business Sign intended primarily to promote items of general interest to~ the. Conuttunity such as .time, temperature and/or date. (Time/Temperature Signs are regulated by Section 8-87.66.). b ~ 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- _ 1 Sec. 8-87.20 (SAL T•~TA'T'TONS BY LAI~ID USE DISTRICT . ~ Sec...8-87.21 A - AG1tZC[JI,TURAL DISTRICT -SIGNS- P~?~'!R'F~. 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-l, R-2 AMID R-S DISZRICTS - SI(~IS PFR~~~.- 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 Directiona]. Tract Signs Community Identification Signs . Identification-Signs Sec. 8-87.23 PD - PI1~ DEVELOPMENT DISTRICT - SIGNS PERMITTED. Type, 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-l, C-1, C-2 AND N~1 DISTRICTS -SIGNS PERNfI2TED. The following types of signs are permitted in the H-1, C-1, C-2 and M-1 Districts: Freestanding Signs Projecting Signs 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 C=2-B-40 Directory Sign Low Profile Signs Office Building Master Identification Sign Service Station Display Structures (in lieu of a Low Profile Sign) Shopping Center Master Identification Sign The following types of signs are permitted in the H-1; C-l, C-2 and M-1. Districts with a Conditional Use Permit as set forth.in Section 8-87.66 ,Directional Tract Signs. _ Community Identification Signs Temporary Promotional Signs -Sixty Day Time Frame. Freestanding Signs (in .excess of 20' height.) Time/Temperature Signs Special Easement Signs The following types of signs are permitted in the H-l,..C-1, C-2 and M-l Districts with an Administrative Conditional Use.;Permit as. set forth in Section 8-87..67 Identification Signs . Grand-opening Temporary Promotional Signs Temporary Promotional Signs-Thirty Day Time Frame Temporary off-site sale or lease signs 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- - - ~7 7 . • 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 PERN~T~. T'he following types of signs are permitted in the C-O 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 i.n Section 8-95.0 Office Building Master Identification Sign The following types of signs .are permitted .in the C-0 District with a Conditional Use Permit as set forth in Section 8-87.66 Directional Tract Sign Community Identification Sign Temporary Promotional Signs - 60 Day Time Frame T'he following types of signs are permitted in the C-O District with an Administrative Conditional Use Permit as set forth in Section 8-87.67 Identification-Signs Grand-Opening Temporary Promotional Signs Temporary Promotional Signs - 30 Day Time Frame Sec. 8-87.26- C-N DISTRICT -SIGNS PII2NffT'IRD. 'The following types of signs are permitted in the C-N District: Projecting Signs Wall Signs The following types of signs are permitted in the C-N District-with a Site Development Review as set forth in Section 8-95.0 Service Station Display Structures The following types of signs are permitted in the C-N District with .a Conditional Use Permit as set. forth in Section 8-87.66 Directional Tract Signs Community Identification Signs , Temporary Promotional Signs T'he following types of signs are permitted in the C-N District with an Ac~ninistrative Conditional :Use Permit as set forth in Section 8-87:67 --6- . i~ _ Identification Signs Grand-opening Ternporazy Promotional Signs Temporary Pranotional Signs - 30 Day Time Frame 'Sec'. 8-87.30 RE7G[JLATIONS GOVERNING SIZE AMID STADIDARDS Sec. 8-87:31 CONSTRUCTION rv~~r~tT~r S ~ - r,-Fnm•Rnr.. REQUIRII~TPS. 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 Timits 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 WATsL SIGNS AND PROJDCTING 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 - 1'-9" for individual .letters and - 2' 0" where a sign can is utilized Maximiun Sign Width - 60~ of the business frontage, up to a maximum width of 24' • Maximum Sign Area - 72 percent of the surface area of the building frontage available for signage (excludes. sloping roof area) up to a maxim~un 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 - l'-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~- ,.4 . - (r~ ( covering the property has been adopted through a .Site Development Review process, whereby the standards of that adopted program shall apply. NLinimum 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 Devehopment 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 7~°s, respectively,.. of the surface area of the building: frontage available for signage (excludes sloping roof area) . The maxinnun .sign height and maxim~un 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 spacereceives 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 Wa11 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 tc~lve 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 (7g) 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- 7q Sec. 8-87.34 FRFFS'1~IDIlJG SIG[~TS. a) Freestanding Signs shall have a minim~sn 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 maxim~un double-faced area of thirty square feet .(maxitrnmi area of fifteen square feet for single-faced signs), provided that for-each one foot. said Freestanding Sigri is set back fran the nearest street frontage, the . maxiirnIIn height may be increased by one=half foot and the area may be increased by five square feet; to provide a maxinnun 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 maxim~un area stipulated i.n 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 tiro 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 heigfit, .with the two dimensions being interchangable if desired, unless the Planning Director finds through a Site.Development Review process that a minor adjustment `iri 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 8-87.664) 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 fora 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. See. 8-87.35 AL`~NA`i'F TYPES OF FF~=~'A~ING 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- I ~ 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: Max; nnm Max; nnm 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' l00 sq.ft no min. 20 tenants Name of Center Master Identifi- minim~un cation Sign C-2-B-40 8' 28-32 sq.ft no min. 5 tenants Name of 3-10 Directory Sign - minimtnn 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 amaximum area of thirty-two square feet). Sec.. 8-87.36 .IL,LUMII~TION. 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 OBSII2IKTION OF TRAFFIC SIGNAL OR MC7IbRIST'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 FR~STAI~IDING SIGN - LADIDSCAPIlQG. 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 fran .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 Ta .A BLTrLDIlJG I4CATID . WITHIN A REQUIRID ~,RD. 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 rightrof-way. Sec. 8-87.40 PROHIBITID 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 mariner; - 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 PII~MITTID 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 . ~'lv 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 maximiun per sign, except pavement markings .which are .not so restricted as to maxim~n 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 maximum 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 maximtun height of': `l'`'~ 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, conanunity .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 maximtun 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 maximum aggregate size. of thirty-two square feet and with a six foot maxinnun 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 -I3- " e . in the aggregate have an-area not exceeding 25~ 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).Si.gns 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 maximucii 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) R 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 placement 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 feet above grade; 3) Open-house signs shall be permitted only during the weekend period from IOc00 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 ,ate post, traffic signal or utility pole;. -14- ~ 4) The City shall be authorized to assess all necessary costs 1 for the time spent by City personnel, or .its authorised agents, to remove illegally located open-house signs. Iri 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 PEf2I~T PROC~DL]E2E Sec . 8-87.61 COMPLII~INCE - SIGN PE~2NiIT. APPLICATION REQUIRID . 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 re~~iring 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 - CONI'IIV`I5. 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" =.l'-0".); 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 (minim~an scale 1/4" = 1' 0") ; 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). Anon-refundable fee for each Sign Permit, based°on the current City of Dublin Planning Department Fee Schedule. ` J -15- ~ ~ . i . 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 AdRdnistrative 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:exi,sting 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, curb 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: -1.6- J~ 1) The sign shall relate to the architectural design of the building. . An' attractive scale between the .sign, the. building and the `r.==~~, 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 i_n density .and as simple as is structurally safe; 5) Nhil..tiple 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 except 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 PROC~tktE. 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 fran 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 from the number of Freestanding Signs allowed. • b) The Zoning Administrator may grant a variance only if he finds that all- of the following conditions exist: _ 1) the Variance authorized does 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- i _ . " _ ~ _ 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 RDQUIlZIl3G QOI~IDITIONAL USE PERNIITS. The following type of signs may be. located in required .yards, i.f a Conditional Use. Permit is " granted in accordance with Section 8-94.0: , a) Directional Tract Sign, in any .District, thirty-two .square feet maxicmm? area, twelve (12) feet maxi_mnun 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 ilhunination 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 clo not exceed a maxim~un . 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 Conamuiity such as dime, temperature and/or date. f) Special Easement 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- _ . ~b 9 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, services}. available or rendered, or the goods procured, sold, or .available for sale upon the referenced nearby ,premises: Sec. 8-87.67 SIGNS REQUIRIlQG ADNrtNIS~2ATIVE CONDITIONAL USE PERNaT$. 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 permeated in the. District,.Identification Signs shall not exceed "a maximiun 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 AMID 7Tr.FT3AT. SIGNS Sec. 8-87.71 NONCONFORMING SIGNS. a) All Signs, Name Plates, and their supporting members that did not c~ly 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- i _ ` ~7~ . 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 riot 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 tune 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%r Conditional Use Permit process,. shall be brought into c~liance with the provisions. of this Chapter on or prior to three years-,from tfie 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.p~SSORY ~ NONCONFORMING BUSINESS. Signs and supporting . members which are necessary to a business or industry existing. as a Nonconforming Use in any A. or R.Distri.ct are permitted subject to the sign .regulations contained in .Section C-N. Sec. 8-87.73 NON-COML'LIANCE - RF27~JVAL OR MfJDIFICATION PROCIDURE. 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-ccxnpliance. 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 wand owner, the type of sign, t-he 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. f~,. 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 tip 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 n T ~~T~ SIGNS S[JBJFX.T TO SCARY RF27DVAL. 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 i~nbers 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 SO 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 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. L : St ` Sec . 8-87.80. ENFORCED Sec. 8-87..81 COMPLIANCE.- DDCISION 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 MAIN`I'EIVANCE - 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 rr.r.Fr3Ar. SIQVS - SUNY~IARY REP'YJVAL. 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 sunanarily 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.,perod 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. ~ . .~.J -22- . 9 ~ ~ 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 REMf3VAL .OF n.rFr-.Ar. p,~~OR N1~'pR1~iII~IG . SIGNS. Unless scc~e other method of removal _is approved by ..the Building Official in writing,.. the removal of illegal and%r. nonconforming. of ,signs shall be 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 away 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-ABATII~- 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, cona~ence.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 - PE[~LTY. 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 AMEDIDMII~ AMID REPEAL, SEVERABILITY Sec. 8-87.91 AMII~IDN~7r AMID. REPEAL. a) 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 Sigri, 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=O Districts, 8-46.7.1-Office Building Master Identification Sign: C-O Districts, 8-47.S.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: G-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 -23- . . r. 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, 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 SEUII2ABILITY. If any Section, Subsection; Sentence, Clause; or Phrase of this Chapter is held to be invalid or unconstitutional, such decision does not affect the yalidity.of the rema,n;ng.portions. of. the Chapter., The City Council declares thafi 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=22.1T 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, Wa11, 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-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 Profi e. 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(1) Conditional Uses: N~1 Districts - - Advertising Sign, 8-51..9 Business .Signs, Low Profile.Sign,: Service Station and Sign Display Structure:-1~1 Districts, 8-52:2(b} Conditional Uses: M-2 Districts-Advertising Szgn, =52. Bus~.ness.Signs, Low. profile -24- _ i . , . , t`i Y (b) RELIGIOUS PRACTICE. No person shall be required to pay , _ it any fee or take out any permit for conducting or T participating in any religious ceremony or service when , ~ ~.,~..~,~<q such person holds a certificate or ordination as a . Y° . r y~W*.a"~`:".~ minister, missionary, medium, healer, or clairvoyant • (hereinafter collectively referred to as minister) from i 'T`7 ' - " ~'~'i•`' ~ • • = any bona fide church or religious association . • maintaining a church and holding regular services and having a creed or set of religious principles that is _ ~ recognized by all churches of like faith; provided that - the fees, gratuities, emoluments, and profits thereof . • shall be regularly accounted for and paid solely to or • ~ for the benefit of the ,bona fide church or religious association. Section 8. EFFECTIVE DATE AND POSTING OE 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 36933 of the Government Code • ~ of the State of California. • PASSED AND ADOPTED by the City Council of the City Of Dublin on ;:r~;~~~,.`.' ~ this 22ndday of December 1986, by the following vote: ? ,yr,.;,, , . ~ AYES ...;..~_,t.::~;~;-:::; Councilmembers Hegarty, Moffatt, Snyder, Vonheeder =~~i'_ - "ti~'•~•~' and Mayor Jeffery 1r NOES: None _t~':~.. - ABSENT: None - - r> :,4 - ' ~ Mayo - ,r , _ _ ATTEST: i City Cler] ' ~ F 1 , - - _ j .E\~ : _ ;.y ~ l ,..1 1 , ~ C~P'IER 2 OF TITLE 8 OF THE CITY ,OF DUBLIN ORDIl~E :CODE Article T - Sign, Regulations. . Sec. .8-87:0 C~2AL PROVISIONS Sec. 8-87.1 Declaration of Purpose and Statement of Objectives.. Sec. 8-87:2 Declaration of Policy Sec. 8-87.10: DF'F'~''r'TONS Definitions -Context - a) A-Frame Sign, Portable Sigri and Sandwich Board Sign b) Banner.Sign c) Business Sign d) C~ununity .Identification Sign - e) C-2-B-40 Directory Sign f) Directional Tract Sign g) Directory Sign h) Freestanding Sign i) Identification Sign j) Illuminated Sign. k} Low Profile Sign 1) Non-Conforming Sign m) Office Building Master Identification Sign n) .Off-site Advertising Sign o) Open House Sign p) Primary..Bulding Frontage ` q) Projecting Sign r) Roof-Line s) Secondary Building Frontage t) Service Station Sign Display Structure u) Service Station Price Sign v) Shopping Center Master Identification 'Sign w) Special. Easement Sign x) Temporary .Sign y) Time/Te~erature Sign z) Wall Sign Sec. 8-87.20 GE3~2AL LINIIT.ATIONS BY LAI~ID USE DISTRICTS . Sec. 8-87.21 A -,Agricultural District -Signs Permitted .Seca 8-87.22 R-l, R-2 and R-S -Residential Districts= Signs Permitted Sec. 8-87.23 P-D -Planned Development District -Signs Permitted Sec. 8-87.24 H-1, C-1, C-2 and M-1 =Retail. Business, Commercial and Light Industrial Districts -Signs Permitted Sec. 8-87..25 C-0 - Ac~hni.nistrative Office District- Signs Permitted .Sec. 8-87.26 C-N -Neighborhood Business District -Signs Permitted Sec. 8-87.30 REJG[JLATIONS GOVERNING SIZE AND STAI~IDARDS Sec. 8-87.31 Construction Materials.-General Requirements Sec. 8-87.32 ,Area of Signs Sec. 8-87.33 Wali Signs and Projecting Signs ~ Sec. 8-87.34 Freestanding Signs Sec. 8-87.35 Alternate Types ^of Freestanding Signs . i . ~ ~ . ? Sec. 8-87.36 Illumination Sec. 8-87.37 Obstruction of Traffic Signal or Motorist's Vision Sec. 8-87.38 Freestanding Sign -Landscaping Sec. 8-87.39 Signs Accessory to a Building Located Within a Required Yard . Sec. 8-87.40 P'F~ITED $I(3~i AND IACATIONS : a) Blinking, .Flashing, Fluttering Signs b) ..Rotating, Animated Signs c). wind signs. d) Portable Signs. e) Signs Affixed to a. Vehicle f) Temporary Signs. g) Signs With Fluorescent Properties... h) Searchlights, Cold Air Balloons i) .Signs Emitting Sound, Odor or Visible Matter j) Signs With Obscene Matter k) Signs Resembling Traffic. Control Devices 1) Illuminated Signs .Creating Traffic Hazards m) Statuary n) Roof Mounted Signs Sec. 8-87.50 EST-PERMLTTID SIGNS a) Official Public Signs or Notices b) House Numbers, Name Plates c) Memorial-Historical Interest Signs d) Pedestrian Signs e) Directional Signs f) Political Signs g) Sale or Lease Signs - h) Subdivision Sale or Lease Signs - i) Bulletin Boards j) Tenant Wall Directory Signs. k) Service Station Price Signs 1} Interior or Window Signs m)~ Charitable, Education, Philanthropic, Civic,. Professional or Religious Organization Signs n) Signs Required by Law o) Murals p) Holiday Decorations q) Signs Within Private Recreation Areas r) Work-Under-Construction Signs s) Open-House Signs Sec. 8-87.60 PERMIT PRO®URE ' Sec. 8--87.61 Compliance -.Sign Permit Application Required Sec. 8-87.62 Application -Contents Sec. 8-87.63 Application -Approval Sec. 8-87.64 Design Criteria Seca 8-87.65 Variance Procedure Sec. .8-87.66 .Signs Requiring Conditional Use Permits Sec. 8-87.67 Signs Requiring Administrative Conditional ;Use Permits ii e ~ ~ . r _ _ Sec. 8-87.70 AND TTT~~T• SIGNS. Sec. 8-87.71 Nonconforming Signs Sec. 8-87.72 Signs Accessory to Nonconforming Business Sec. 8-87.73 Non-ccanpliance -Removal or .Modification Procedure Sec. 8-87.74 Illegal Signs -Subject to Sucnnary Removal Sec. 8-87.80 ENFO~CII~TP Sec. 8-87.81 Cong~Liance -Decision of Reviewing Body Sec.. 8-87.82 Maintenance -Required Sec. 8-87.83 Illegal Signs- Summary Removal ' Sec.:8-87.84 Violation -Nuisance -Abatement Sec. 8-87.85 Means of Removal of Illegal .and/or Nonconforming Signs Sec. 8-87.86 Violation,- Nuisance -Abatement Sec. 8-87.87 Violation -Penalty Sec. 8-87.90 AN~IDMEDTr AND REPEAL, SEVERABILITY Sec. 8-87.91 Amendment and .Repeal Sec. 8-87.92 Severability iii ~n ~ ~9 ORDINANCE•' NO. 6 - 94 AN ORDINANCE OF THE CITY OF DUBLIN REPEALING CERTAIN PROVISIONS OF THE DUBLIN ZONING.ORDINANCE REGARDING SIGN REGULATIONS AND REENACTING THE SIGN REGULATIONS AS THE DUBLIN MUNICIPAL CODE Article I. GENERAL PROVISIONS Sec. 8.08.010 DECLARATION OF PURPOSE AND STATEMENT OF OBJECTIVES Sec. 8.08.020 DEFINITIONS Article II. PERMITTED SIGNS - APPROVALS AND REGULATIONS Sec. 8.08.030 SIGN APPROVALS AND PERMITTING BODY BY ZONING DISTRICT Sec. 8.08.040 SIGN DEVELOPMENT REGULATIONS Sec. 8.08.050. SIGNS SUBJECT TO PERMIT Sec. 8.08.060 DESIGN CRITERIA Sec. 8.08.070 ILLUMINATION Sec. 8.08.080 LANDSCAPING Sec. 8.08.090 A - AGRICULTURAL DISTRICT - SIGNS PERMITTED Sec. 8.08.100 PD - PLANNED DEVELOPMENT DISTRICT - SIGNS PERMITTED Sec.. 8.08.110 REGULATIONS FOR WALL SZGNS AND PROJECTING SIGNS Sec. 8.08.120 FREESTANDING SIGN GENERAL REGULATIONS Sec. 8.08.130 MASTER SIGN PROGRAM Article III. EXEMPT AND PROHIBITED SIGNS Sec. 8.08.140 EXEMPT SIGNS Sec. 8.08.150 PROHIBITED SIGNS Article IV. PERMIT PROCEDURE Sec. 8.08.160 COMPLIANCE - SIGN PERMIT APPLICATION REQUIRED. • Sec. 8.08.170 APPLICATION -_CONTENTS Sec. 8.08.180 OWNER'S CONSENT. ' Sec. 8.08:190 APPLICATION - APPROVAL Sec. 8.08.200 SIGN EXCEPTIONS Article V. NON-CONFORMING AND ILLEGAL SIGNS Sec. 8.08.210 NON-CONFORMING SIGNS , Sec. 8.08.220 ILLEGAL SIGNS SUBJECT TO SUMMARY REMOVAL Sec. 8.08.230 INVENTORY , Sec. 8.08.240 SIGNS LOCATED ON NON-CONFORMING BUILDINGS WITHIN A REQUIRED YARD Article VI. ENFORCEMENT , Sec. 8.08.250 COMPLIANCE - DECISION OF PERMITTING BODY Sec. 8.08.260 MAINTENANCE - REQUIRED Sec. 8.08.270 ILLEGAL SIGNS - SUMMARY REMOVAL Sec. 8.08.280 MEANS OF REMOVAL.OF ILLEGAL AND/OR NON-CONFORMING SIGNS Sec. 8.08.290 VIOLATION - NUISANCE-ABATEMENT Sec. 8.08.300 SEVERABILITY The City Council of the City of Dublin does ordain as follows: Section .l. Sign Regulation History and Legislative Intent The sign regulations of the City of Dublin were first adopted by ordinance No. 1 on February 1, 1982, when Dublin incorporated. Thereafter on May 24, 1982, the City Council enacted Ordinance No. 13 which adopted the sign regulations of the County of Alameda as Dublin's sign regulations. On May 12, 1986, the City Council enacted Ordinance No. 7-86 which amended, clarified and reenacted Ordinance No. 13. Ordinance.No. 7-86 has since been amended by Ordinance Nos..6- 87, 18-88, 9-89 and 6-92. Attachment 6 y~ ~ ~ In enacting this ordinance it is the intent of the City Council to amend, clarify and reenact the existing sign regulations described above into one ordinance. In enacting this ordinance it is not the Council's intent to make the existing sign regulations more restrictive or more prohibitive but, rather, to clarify .ambiguities, restate the regulations in one ordinance and, in certain situations, provide greater flexibility, regarding sign size and placement. No signs which are conforming under the current sign regulations will be made non- conforming by enactment of this ordinance. Certain signs which are non-conforming under the existing sign regulations will remain non-conforming under this ordinance., .This ordinance will provide mechanisms for such signs to become conforming. It is the intent of the City Council in enacting this ordinance that the amortization period for removal of non-conforming signs be not more restrictive than the amortization period set forth in Dublin's sign regulations, as originally enacted by Ordinance Nos. 1 and 13. Section 2. Chapter 8.08 is added to Title 8 of the Dublin Municipal Code to read as follows: ARTICLE I. GENERAL PROVISIONS Sec. 8.08.010 DECLARATION OF PURPOSE AND STATEMENT OF OBJECTIVES. 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 and Specific Plans; . B. Provide effective and attractive identification for businesses, services and uses; C. Provide a reasonable system of regulations for signs as a part of the City's comprehensive Zoning Ordinance; D. Promote reasonable sign standards to avoid visual clutter which has negative impacts on surrounding businesses, services and uses; E. Attract and direct the public to available activities goods and services; F. Enhance the economic value of the community through attractive and effective signage; and G. Provide for vehicular and pedestrian safety by prohibiting or restricting distracting signs. Sec. 8:08.020 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. 2 V9 B. Awning. Thy tc..~i Awning shall mean a structure.-.cnpoaed of canvas or other non-rigid materials, except for the supporting framework, that extends from ` the exterior wall of a building. C. Awnina Sign. The term Awning Sign shall mean a sign composed of flexible materials and incorporated into an awning. D. Banner Sian. 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. _ E. Billboard Sian. The term Billboard Sign shall mean an Off-Site Advertising Sign. F. Buildina Frontage. The term Building Frontage shall mean the linear length of a building wall measured at the base of the building wall. G. Bulletin Board Sign. The term Bulletin Board Sign shall mean a sign used to display announcements pertaining to an on-site church, school, community center, park, hospital or institutional building. H. Business Sian. 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 lawfully erected. 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. I. Coming Soon Sign. The term Coming Soon Signe shall mean a sign placed on the site of work under construction stating that a business will be opening soon and denoting the opening date, architect, engineer, contractor, future business. or lending agency. J. Community Identification Sian. The term Community Identification Sign shall mean a Business Sign incorporating information referring exclusively to service clubs and/or community slogans.. K. Directional Tract Sign. The term Directional Tract Sign shall mean an off- site Temporary Sign containing only the name and location of a subdivision and/or a multiple family residential project and directions for reaching the project. L. Freestandina Sian. Freestanding Signs shall include but not be limited to Identification Signs, Office Building Master Identification Signs, Service Station Display Structures, Special Easement Signs and Time/Temperature Signe. 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. 3 ~ M. Grand-Opening 'i~.:~porarv Promotional Signs. The'~fm Grand-Opening Temporary Promotional Signs shall mean banners, pennants, flags, balloons, searchlights and similar advertising devices when used for bona-fide grand-opening functions. N. Identification Sian. The term Identification Sign shall mean a sign, or device which serves exclusively to designate the name, or the name and use, of churches, auditoriums public buildings, or multi-family residential uses, or the use of a lawful parking area, ,recreation area, or other open use permitted in the District. O. Illegal Sian. The term Illegal Sign shall mean signs and their supporting members which meet any of the criteria of Sec. 8.08.220. P. Illuminated Sian. The term Illuminated Sign shall mean an internally or externally illuminated Business Sign which uses a source of light in order to " make the message readable. Q. Master Sian Program. The term Master Sign Program shall mean a sign program approved by the Zoning Administrator for a retail, office or industrial complex, an automobile dealership or a building more than two (2) stories high. R. Non-Conforming Sian. The term Non-Conforming Sign shall mean a sign lawful before the enactment of this Chapter, or of any relevant amendment hereto; but which thereupon violates same. S. Office Building Master Identification Sian. 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. T. Official Public Sian. The term Official Public Sign shall mean signs of a public nature, which shall include public transit service signs, utility information signs, public restroom or telephone signs, trespassing signs, legal notices erected by .a public officer in the performance of a public duty and-signs placed by a public agency for the purpose of guiding persons to emergency centers or places, buildings, or locations of regional or historical significance. U. Off-Site Advertising Sian. The term Off-Site Advertising Sign shall mean any sign 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. The term Off-Site Advertising sign does not include Special Easement Signs, Directional Tract Signs, Community Identification Signs or Off-Site Temporary For Sale Or Lease Signs. V. Off-Site Temporary For Sale or Lease Sian. The term Off-Site Temporary For Sale or Lease Sign shall mean any off-site sign used in-lieu of a Freestanding Sign which advertises property for sale or lease. W. On-Site Temporarv For Sale or Lease Sian. The term On-Site Temporary For Sale or,Lease Sign shall mean any on-site sign used in-lieu of a Freestanding Sign which advertises property for sale or lease. _ 4 y 7 ~ X. open-House Signer The term Open-House Sign shalT~ean a portable sign used in connection with the sale of residential real property. Y. Pedestrian/Shingle Sian. The term Pedestrian/Shingle Sign shall mean a suspended sign used to identify and indicate pertinent facts concerning a business or professional services conducted on the-premises. Z. Permanent Banners. .The term.Permanent Banner shall mean a banner constructed of a durable textile material. AA. Permitting Bodv. The term Permitting Body shall mean the person or body with the authority to review and approve permits for signs. This may include the Planning Director, the Zoning Administrator, the Planning Commission or the City Council. BB. Projecting Sian. 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. _ CC. 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. DD. Service Station Sian Display Structure. The term Service Station Sign Display Structure shall mean an on-site identification Business Sign that serves to identify the name of the service station located on the site. EE. Service Station Price Sian. The term Service Station Price Sign shall mean a Business Sign indicating gasoline prices and available services. FF. .Special Easement Sign. The term Special Easement Sign shall mean: a Business Sign used in-lieu of a Freestanding Sign located off-site from, but within the immediate vicinity of, the business the sign has been designed to advertise; where said business is located on a parcel of land without direct access or frontage on an improved public right-of-way; and where the two (2).parcels• involved are interconnected by a traversable vehicular roadway which is subject to a non-revocable, non-exclusive recorded vehicular access easement. GG. .Temporary Political Sian. The term Temporary Political Sign shall mean a temporary sign identifying a political candidate or ballot measure. HH. Temporary Promotional Signs. The term Temporary Promotional Signs shall mean temporary banners, pennants, flags, balloons, searchlights and similar advertising devices when used for special promotional events. II. Temporary Sian. 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. JJ. Tenant Directory Sian. The term Tenant Directory Sign shall mean a tenant directory or other exclusively informational listing of tenant names attached to the exterior wall at the entrances of a building and used for the purpose of displaying the names of occupants engaged in professions or businesses on the premises. KK. Tenant Frontage. The term Tenant Frontage shall mean the linear length of a building frontage of suites occupied by a tenant. 5 ~5 LL. TimejTemperatui~-Sian. The term Time/Temperatur~ign, including an Electronic Readerboard, Business Bulletin Board, or other Changeable Copy Sign, shall mean a Business Sign on which the copy is manually or, electronically changed and which is intended primarily to promote items of general interest to the Community such as time, temperature and/or date. MM. Vehicular Sian. The term Vehicular Sign shall mean any sign permanently affixed to an operable, driveable and currently registered motor vehicle which is used in the normal .course of business. ` NN. Wall Sian.. 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. 00. Window Sian. The term Window Sign shall mean a sign attached to, suspended behind, placed or painted upon, the window or glass door of a building which is intended for viewing from the exterior of the building. ARTICLE II. PERMITTED SIGNS - APPROVALS AND REGULATIONS Sec. 8.08.030 SIGN APPROVALS AND PERMITTING BODY BY ZONING DISTRICT. Matrix A, 'SIGN APPROVALS AND PERMITTING BODY' prescribes the necessary permits and the permitting body. applicable to the specified signs for each zoning district: 6 .ties,; MATRI% A SIGN APPROVALS AND PERMITTING BODY BY ZONING DISTRICT Sign Type A R-1, R-2, H-1 C-N C-0 C-1 C-2 & C- M-1 R-S 2-8-40 Awnin E X X BP BP BP BP BP Bulletin Board BP BP HP BP HP HP BP BP Comin Soon X X X BP BP BP HP BP Communit ID X ACUP ACUP ACUP ACUP ACUP ACUP ACUP Directional Tract X ACUP ACUP ACUP ACUP ACUP ACUP ACUP Freestanding 20' E X BP ACUP X BP BP HP or less in ht. Freestanding X X ACUP X X ACUP ACUP ACUP greater than 20' in hei ht Grand-Opening X X ZC Zc ZC ZC ZC ZC Tem Promo Identification E ZC ZC ACUP ZC ACUP ZC ACUP ZC ACUP ZC ACUP ZC ACUP Master Sign SDR-(ZA) X SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) ~ SDR(ZA) Pro ram Office Building X X ACUP ~ ACUP ACUP ACUP ACUP ACUP Master ID off-Site ~ E ~ X~ ~ZC ZC ZC ZC ZC ZC Temporary For Sale or Lease en-House X Permitted X X X X~ X R Permanent Banner X X SDR(ZA) X X SDR(ZA) SDR(ZA) SDR(ZA) Si n Pro'ectin E X BP BP BP BP BP ~ BP { Service Station X X ACUP ACUP X ACUP ACUP ACUP Dis la Structure Service Station X X, ACUP ACUP X ACUP ACUP ACUP Price Si n S ecial Easement E X ACUP ACUP ACUP ACUP ACUP ACUP Temporary X X Zc ZC ZC ZC ZC zc Promotional (30 Da Tenant Director X X HP BP BP HP BP BP Time Tem erature X X CUP PC CUP PC CUP PC CUP PC CUP PC CUP PC Wall E X BP BP BP BP BP BP, ' Window X X BP BP BP BP HP HP 7 Notes for Matrix A: E Business Signs not exceeding an area of ten (10) square feet per side are permitted per Sec. 8.08.090. and subject to Bui_ld_ing Permit BP Permitted and. subject to Building Permit SDR Site Development Review Approval by Staff Required and subject to Building Permit ACUP Administrative Conditional Use Permit Approval by Staff Required and subject to Building Permit CUP Conditional Uae Permit Approval Required and subject to Building Permit (ZA = Zoning Administrator, PC = Planning Commission) ZC Zoning Clearance by Staff Required and subject to Building Permit X Not Permitted * Matrix A does not reflect Exempt Signs in Sec. 8.08.140 A sign of up to 24 square feet on a side.is allowed with a Zoning Clearance and a sign of up to 36 square feet on a side is.allowed with an Administrative Conditional Use Permit. Planned Development signage is permitted by Sec. 8.08.100. A Sign Exception to a regulation in this Chapter may be applied for per Sec. 8.08.200. Sec. 8.08.040 The following Matrix B, 'Sign Development Regulations' prescribes required development regulations for permitted signs. The information in Matrix B is supplementary to the information in Sec. 8.08.050 Signs Subject To Permits. 8 .`i t k ~g ~9 MATRI% 8 ' SIGN DEVELOPMENT REGULATIONS Sign Type Maximum Maximum Height Maximum Area Location Copy Restrictions Additional Section No. Number of per side in sq. Requirements * * Regulations si ns ft. Awning 1 per 2 ft. 6 in. 1 sq. ft. per None. None. Sec. 8.08.110 Sec. 8.08.050(A) frontage. lineal ft. of , Tenant Frontage; 25 sq. ft. to maximum of 150 sq. ft. (250 sq. ft. with sDR); 25B bonus if tenant space is 100 ft. from street. Bulletin Hoard 1 6 ft. 24 sq. ft. 10 ft. from front Anaouncementa Sec. 8.08.050(H) property line; pertaining to an ' Must meat all on-site church, other yard school, community requirements. center, park, hospital or institutional buildin . Coming Sooa 2 8 ft. 32 sq. ft. On construction Architect, Map only be Sec. 8.08.050(C) site. engineer, placed during contractor, time period future business, between building • - lender. permit and finny occu anc . Community ID 1 20 ft. 120 sq. ft. Service club Illumination Sec. B.O8.050(D) names and emblems shall not be and community intermittent; slogans Means of support shall be concealed. * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.08.110 and 8.08.120. Matrix 8 does not reflect Exempt Signs in Sec. 8.08.140 9 q~ Sign Type Maximum Maximum Height Maximum Area Location Copy Restrictions Additional'-: Section No. Number of per side in sq. Requirements * * Regulations si ns ft. Directional Tract 1 per 12 ft. 32 sq. ft. On private Name and location Non-illuminated, Sec. 8.08.050(E) Tract. property; Not of development located within and directions. 660 feet of I-580 or I-680. Freestanding 20' 1 per 10 ft: at 15 sq. ft. at In a planter of Must indicate Must have minimum or less in parcel by property line; property line; appropriate building address clearance of 14 height; right; 2 May be May increase dimension; Not or address range. feet if Freestanding or more increased .5 2.5 sq. feet closer than 50 overhanging greater than 20• with ft. for every 1 per side for feet from R-O-W vehicular way; _ in height. Master ft. the sign is each 1 ft. sign of Interstate Must not proj Sec. 8.08.120. Si set back from is set back Hi hwa gn g y; into a public` Program. the nearest from nearest Permitted within _ right-of-way. street frontage street frontage required yards; propertp line propertp line. At one or more up to a maximum Maximum of 150 main entrances of 20 ft.; Up sq. ft. with Master Sign to 35 ft. with Program. ACUP. " Grand-Opening 1 No limit. No limit. Must be placed on. Only affective temporary building in which within 60 days of promotional signs grand-opening initial Sec. 8.08.050(G) will occur. occupancy; 30 da maximum. Identification 1 6 ft. 24 sq. ft, via None. Name and/or use Means of support Sec. 8.08.050(H) Zoning of building. shall be Clearance; concealed. 36 sq. ft. via ACUP. . Office Building 1 B ft. 25 sq. ft. None. Name of office- 100 ft. minimum Master ID building, parcel frontage Sec. 8.08.050(I) institutional use required; Means and address of support shall be concealed. * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.08.110 and 8.08.120. Matrix B does not reflect Exempt Signs in Sec. 8.08.140 10 ~ ~ Sign Type Maximum Maximum Height Maximum Area Location - Copy Restrictions Additional Section No. Number of par side in sq. Requirements * * Regulations'* si ns ft. Off-Site 1 per 100 8 ft. 16 sq. ft. Off-site sign is For sale or Must be Temporary For ft. of located in immed: lease; Name and constructed of sale or lease street vicinity of phone number of wood, plywood, Sec. 8.08.050(J) frontage; advertised agent and/or metal or other Up to 2 premises w/o agency. rigid material. per direct access to arcel. ublic road. Open-House 4 per 3 ft. 4 sq. ft. on sidewalk and Open-House Annual Sec. 8.08.050(8) property; landscaping strip encroachment g per but cannot permit requird\ inter- disrupt normal Not attached to section. vehicular flow, any public sign, block views, post, traffic block ingress or signal or utility egress to any pole; No residence or additional tags, business, or riders, restrict a streamers, sidewalk to less balloons or other than 36 inches; attachments; Prohibited in Permitted on center divider or Holidays, traffic islands Saturdays and of public Sundays and one streets; Cannot agent tour day be within 5 ft. each week froz' radius of a call 10:00 a.m. toy, box, fire hydrant sunset: or mail box. Pedestrian/ 1 N/A 5 sq. ft. Suspended from None. 8 ft. vertical Shingle canopy over a clearance; Sec. 8.08.050(L) sidewalk directly Perpendicular to in front of the business building door of the wall. business. * Location Requirements, Copp Restrictions and Additional Regulations are in addition to those identified in Sections 8:08.110 and 8.08.120. Matrix B does not reflect Exempt Signs in Sac. 8.08.140 11 Sign Type Maximum Maximum Height Maximum Area Location Copy Restrictions Additional°: Section No. Number of per side in sq. Requirements * * Regulations si ns ft. Permanent Banner N/A Per SDR. Per SDR. Per SDR. Name of shopping Maintain in good Sec. 8.08.050(M) center, business condition; . ' or logo. Subject to semi- . annual review; Replace if in or maintenance. Projecting 1 per 2 ft. 6 in.; 16 sq, ft.; In middle 1/3 of N/A Sec. 8.08.110 Sec. 8.08.050(N) business. May be May be front wall of increased increased building. throu h ACUP. throu h ACUP. Service Station 1 8 ft. 16 sq. ft. None. Name of service May be combined Display Structure station. with Service Sac. 8.08.050(0) ~ Station Price Signs; In landsca a lanter Service Station 2 6 ft. 16 sq. ft for 3 1 per street Gasoline prices. May be combined Price Signs fuel products; frontage. with service Sac. 8.08.050(P) 24 sq. ft for 4 Station Display fuel roducts. Structure. Special Easement 1 4 ft. 24 sq. ft. Within immediate Name of business In-lieu of Sec. 8.08.050(Q) vicinity of the and/or canter. Freestanding business the sign sign; Business advertises. located on parcel w/o direct access or frontage on improved ROW; must be conne~_,d by access easement. * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.08.110 and 8.08.120. Matrix 8 does not reflect Exempt Signs in Sec. 8.08.140 12 ~ 9 Sign Type Maximum Maximum Height Maximum Area Location Copy Restrictions Additional I . Section No. Number of per side in sq. Requirements * * Regulations si ns ft. Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maximum of 30 Promotional Clearance. Clearance. Clearance. which business is Clearance. consecutive Sec. 8.08.050(R) located. calendar daps per permit; 15 consecutive calendar dap waiting period between ermits. Tenant Directory 1 N/A 12 sq. ft. At entrance of Listing of tenant None Sec. 8.08.050(5) building on as names and suite exterior wall. numbers. Time/Temperature Per Sec. Per Sec. Per Sec. Per Sec. 8.08.110 Per Sec. 8.08.110 Per Sec. 8.08.__J Sec. 8.08.050(T) 8.08.110 8.08.110 if 8.08.110 if if wall sign; if wall sign; if wall sign; if wall wall sign; wall sign; 8.08.120 if 8.08.120 if 8.08.120 if sign; 8.08.120 if 8.08.120 if freestanding freestanding freestanding 8.08.120 freestanding freestanding sign. sign. sign. • if free- sign. sign. standing si Wall 1 per 2 ft. 6 in. 1 sq. ft. per 1 per business ar N/A May project 12 Sac. 8.08.110 business lineal ft. of tenant frontage inches by right, or tenant Tenant with maximum of 30 inches w/ frontage Frontage; 25 three frontages. ACIIP. Max. sign as sq..ft. to length of 24 ft. permitted maximum of 150 by Sec. sq. ft (250 S.U8.110 sq. ft. with (S)(5). SDR); 25$ boaus~ l if tenant space is 100 ft. from street. Window N/A N/A N/A Inside a N/A Not more than Sec. 8.08.050(V) building. 258 of contiguous window area. * Location Requirements, Copy Restrictions and Additional Regulations are is addition to those identified in Sections 8.08.110 and 8.08.120. ' Matrix B does not reflect Sxempt Signs is Sec. 8.08.140 13 53 Sec. 8.08.50 SIGNS SUBJECT TO PERMITS. The following signs shall be allowed pursuant to the permits required in the Zoning Districts as indicated in Matrix A (Sec. 8.08.030) and shall be regulated as shown in Matrix B (Sec. 8.08.040) and as follows: • A. Awning Signs. Awning Signs shall be permitted in the same locations as wall signs and shall be subject to the requirements of Section 8.08.110. B. Bulletin Board. A bulletin board twenty four (24) square feet maximum area per side, is permitted ten (10) feet from the front property line. A bulletin board shall be subject to the other yard requirements and height limits of the district it is located within. One Bulletin Board Sign is permitted on each property. A Bulletin Board Sign may have a maximum height of six (6) feet.. C. Comirig Soon Signs. Coming Soon Signs, with a maximum height of eight (8) feet and a maximum area of thirty-two(32) square feet, denoting the opening date, architect, engineer, contractor, future business or lending agency when placed on the site of work under construction. A maximum of two (2) Coming Soon Signs are permitted per construction site. A Coming Soon Sign may only be placed after issuance of a building permit for the main structure and must be removed upon final occupancy of the main structure. D. Community Identification Signs.. A Community Identification Sign may be permitted pursuant to an Administrative Conditional Use Permit, may have a maximum area of one hundred twenty (120) square feet and may have a maximum height of twenty (20') feet. Sign illumination shall not be intermittent and sign copy shall be limited to: a. the name of the community; b. information relating to the service clubs active in the area; c. community slogans or mottoes; or •d. directional information. E. Directional Tract Signs. Directional Tract signs shall be approved pursuant to an Administrative Conditional Use Permit and must conform to all of the following requirements: 1. Up to two (2) Directional Tract Signs may be allowed for each subdivision. 2. The signs shall be installed on private property. 3. The signs shall not interfere with the sight distance for motorists, pedestrians or bicycle riders. 4. The signs shall not impede pedestrian circulation on sidewalks. 5. Signs shall be located a minimum of sixty (60) feet from an intersection. 6. The signs shall not be located within 660 feet of I-580 or I-680. 7. Sign copy shall advertise only the name and directions to the development. 14 . - 5~ ~ '~N.~ ~ri 8. The maximum height of the sign shall not exceed twelve (12) feet from finished grade. 9. The maximum size of the sign shall not exceed thirty-two (32) square feet per side. ` 10. The .applicant shall maintain the sign structure and the area surrounding the sign in good condition and free of debris and. weeds. 11. The sign structure shall be removed at the time that the last unit of a subdivision has been sold. 12. The Applicant shall post a bond in a form and amount satisfactory to the Zoning Administrator to assure timely removal of the sign.' 13. The sign shall not be illuminated. F. Freestanding Sians. Freestanding Signs are permitted per Section 8.08.120 and in Section 8.08.040 Matrix B. G. Grand-Opening Temporary Promotional Sians. Grand-Opening Temporary Promotional Signs are permitted in any district other than the Agricultural or Residential Districts when used for bona-fide grand- opening functions. The sign is effective only within sixty (60) calendar days of a business' initial occupancy and may be displayed for a period not in excess of thirty (30) consecutive calendar days. A Grand-Opening Temporary Promotional Sign must only be displayed on the site on which the grand-opening will occur. H. Identification Sians. One Identification Sign is permitted per parcel in any district. Identification Signs with a maximum area of twenty - four (24) square feet per side may be approved subject to a Zoning Clearance, unless an area of thirty-six (36) square feet per side is permitted through the Administrative Conditional Use Permit process. The height of Identification Signs shall not exceed six (6) feet. I. _ Office Building Master Identification Sian. An Office Building Master Identification Sign may have a maximum height of eight (8) feet and a maximum area per side of twenty-five (25) square feet per side. One Office Building Master Identification Sign is permitted per parcel. A one hundred (100) foot minimum parcel frontage is required. J. Off-Site Temporary For Sale Or Lease Sians. Off-site Temporary For Sale Or Lease Signs are subject to the Zoning Clearance process. Temporary For Sale or Lease Signs are permitted subject to the following: 1. signs shall not exceed a maximum area of sixteen (16) square feet per side; 2. one (1) such sign may be placed for each one hundred .(100)' feet of ' street frontage, up to a maximum of two (2) signs per parcel; 3. all signs shall have a maximum height of eight (8.).feet; 15 55 4. signs shall only state that the property is for sale, lease or exchange by the owner or his or her agent and the name, address and phone number of the agent and/or agency and directions; 5. off-site signs shall be in the immediate vicinity of the parcel, structure or establishment advertised; 6. the premises advertised by an off-site sign must be located on a parcel of land without direct access or frontage on an improved Public right-of-way; 7. all off-site signs shall be subject to standard requirements of the Zoning Clearance; 8. all signs shall be constructed of wood, plywood, metal or other rigid material; and 9. no sign shall be placed on a private or public right-of-way. K. Open-House Signs. Open-House Signs are permitted subject to the following special provisions: 1. A maximum of four (4) open-house signs are permitted for each property being advertised for sale. Such signage shall not be located within the public right-of-way (which includes, but is not limited to, the sidewalk and the greenway between the sidewalk and the curb) where such signage endangers the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks 'views of such traffic, blacks ingress into or egress from any residence or place of business, or restricts a sidewalk to less than thirty-two (32) inches. signage may be placed in a landscaping strip between the roadway and the sidewalk. 2. .signage is prohibited in public streets and the center divider strip and/or traffic islands. of public streets. 3. signage is not to be adhered or attached to any public sign post, traffic signal or utility pole. 4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail-box. 5. No more than eight (8) open-house signs shall be placed at any intersection. No more than one (1) sign per property being advertised may be placed at an intersection. 6. Signs cannot have additional tags, riders, streamers, balloons or other attachments. 7. The size of the sign shall not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade; 8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one agent tour day each week from 10:00 a.m. through sunset; 16 I ~v 7 ~9 9. 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. 10. - Proper authorization by the affected private property owner shall be secured prior to placement of signs on private property. L: Pedestrian/Shinale Sians. One Pedestrian/Shingle Sign per business is permitted. The sign shall be: 1. suspended from a canopy over a sidewalk directly in front of the door of the business with a minimum of eight (8) foot vertical clearance; 2. perpendicular to the business building wall; 3. not more than five (5) square feet in area per side; and 4. limited to one (1) per business per building elevation. M. Permanent Banner. A Permanent Banner shall be permitted pursuant to a Master Sign Program approved by the Zoning Administrator which may display only the name or logo of the shopping center or business. Such Permanent .Banner shall be maintained in good condition and shall be subject to semi-annual review. If found to be in poor maintenance, such Permanent Banner shall be replaced or removed by the shopping center or business. N. Projecting Sians. Projecting Signs are permitted per Sec. 8.08.110. O. Service Station Sian Display Structures. A Service Station Sign Display Structure shall be ,established by an Administrative Conditional Use Permit and may only identify the name of the service station it adjoins. Such structure shall have a maximum height of eight (8) feet and have a maximum area of 16 square feet per side and may incorporate Service Station Price Signs. The area of the Service Station Price Sign may be added to the area of a Service Station Sign Display Structure. A Service Station Sign Display Structure shall be placed in a landscape planter which should be of sufficient width, length and height to protect the base of the sign from damage due to vehicular traffic. P. Service Station Price Sians. Service Station Price Signs indicating gasoline prices,' products offered for sale, methods of sale and types of available services offered are permitted when accessory to an existing service station, provided: 1. One (1) price sign is permitted along each street frontage to a maximum of two (2) price signs; 2. Each price sign shall have a heavy type face and be clearly visible from adjacent streets and may have a maximum area of sixteen (16) square feet per .side for service stations offering three (3) fuel products; or a maximum area of twenty-four (24) 17 square feet per side for service stations offering four (4) or more fuel products; 3. The maximum sign height shall not exceed six (6) feet; . 4. A price sign may be attached to; combined with and made part of a Service Station Sign Display Structure pursuant to Section 8.08.050(0); and 5. All signage conforms to the requirements of Business and Professions Code Section 13530 et. seq. Q. Special Easement Sians. A Special Easement Sign may be used in-lieu of a Freestanding Sign to designate the name of a business or center. A Special Easement Sign shall be placed within the immediate vicinity of the parcel upon which the business or center is located. The premises said sign is designed to advertise must be located on a parcel of land ' without direct access or frontage on an improved public right-of=way. Said properties must be interconnected by a traversable vehicular roadway which is subject to a non-revocable, non-exclusive recorded access easement. A Special Easement Sign shall be subject to an Administrative Conditional Use Permit approved by the Zoning Administrator. Special Easement Signs shall not be more than four (4} feet high and six {6) feet long and shall have a maximum area of twenty- four (24) square feet per side. Special Easement Signs shall be subject to compliance with Section 8.08.120 FREESTANDING SIGNS GENERAL REGULATIONS. , R. Temporary Promotional Sians. Temporary Promotional Signs permitted pursuant to a Zoning Clearance may be placed on site for a maximum of thirty (30) consecutive calendar days per permit when used for special promotional events. A minimum waiting period of fifteen (15) consecutive calendar days between permits is required. S. Tenant Directory Sians. A Tenant Directory Sign is permitted provided it shall not exceed a maximum area of twelve (12) square feet. T. Time/Temperature Signs. A Time/Temperature Sign shall be permitted as either a Wall Sign or a Freestanding Sign subject to a Conditional Use Permit by the Planning Commission pursuant to sec. 8-94.0 CONDITIONAL USES. Wall-mounted Time/Temperature Signs shall be subject to compliance with Section 8.08.110 REGULATIONS FOR WALL SIGNS AND PROJECTING SIGNS. Freestanding Time/Temperature Signs shall be subject to compliance with Section 8.08.120 Freestanding Signs GENERAL REGULATIONS. U. Wa11 Signs. Wall Signs shall be permitted pe'r Section 8.08.110. V. Window Sians. Window Signs shall not exceed twenty-five percent (25~) of the contiguous window area from which they are viewed. Sec. 8.08.060 DESIGN CRITERIA A. The Zoning Administrator shall consider the following factors in the review of the design of each proposed sign: 18 . _ . ~ • d 1. Visibility and legibility (letter height and legibility, contrast- - background relationship, 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, curb cuts, or driveway indentations, median, proximity of major intersections, signals or stops, average traveling speed or any other natural physical obstruction; and - 4. Night-time use considerations including intensity of illumination (of a 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: 1. The sign shall relate to the architectural design of the building.. An attractive scale between the sign, the building and the immediate surrounding 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 except pursuant to an Administrative Conditional Use Permit; 7. Neon, bare fluorescent tubes, or incandescent bulbs are not permitted except pursuant to Site Development Review; and 8. Sigriage shall not obstruct pedestrian circulation. Sec. 8.08.070 ILLUMINATION. Illumination may be allowed on -all signs upon the approval of the Zoning Administrator, 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. Sec. 8.08.80 LANDSCAPING. Landscaping used in commercial areas where signage is proposed will be of species which have growth habits which facilitate visibility of signage to the greatest degree possible while still providing 19 5 7 ~ necessary shade and screening and meeting all other requirements of this Chapter. Sec. 8.08.090 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 ten (10) square feet per side are permitted as shown in Matrix A (Sec. 8.08.030). Sec. 8.08.100 PD - PLANNED DEVELOPMENT DISTRICT - SIGNS PERMITTED. Type, size, location and character of signs established in a PD District shall be in the form of a Master Sign Program as stipulated by the Zoning Ordinance establishing the PD District. Modifications to the adopted Master Sign Program may be considered by the Zoning Administrator upon application for a Site Development Review pursuant to Section 8-95.0 SITE DEVELOPMENT REVIEW. Sec. 8.08.110 REGULATIONS FOR WALL SIGNS AND PROJECTING SIGNS. A. GENERAL 1. Zoning Districts. These regulations shall apply in the C-N, C-O, C-1, C-2, C-2-B-40, H-1 and M-1 Zoning Districts. 2. Computation Of Sian Area. The area of Wall and Projecting signs shall be computed as the entire area within a single, continuous perimeter creating a polygon.of not more than eight (8) straight lines, a circle or an ellipse, or a combination of the above enclosing the extreme limits of the sign together with any frame or other material or color forming. an integral part of the display or used to differentiate such sign from the background against which it is placed, 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 is subject to all pertinent regulations. Those portions of the supports, uprights or base of a sign that do not function as a sign shall not be considered as part of the sign area. 3.. Extension Of Sian Above Ridge Roof-Line. 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. 4. Maximum Sian Height. No Wall or Projecting Signs shall exceed two (2) feet, six (6) inches where either a sign cabinet or individual letters are used. This standard may be increased with a Site Development Review. 5. Supporting Members Of Signs Minimized. 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. 6. Number Of Building Frontages. Each business or tenant space may be permitted a maximum of three (3) building frontages. 20. ~ 9 . ~ ~ 7. Frontage Allocation Not Transferable. In no case shall a sign or sign area permitted on one frontage be transferred to another frontage. 8. Use of A1T Legal Existing Sian Cabinets on a Tenant Frontage. All legal existing sign cabinets on a Tenant Frontage may be used by the tenant occupying the suites behind the Tenant Frontage. B. WALL SIGNS 1. Area Of Wall Signs. Each business or Tenant Space may have a wall sign up to two and one-half.(2.5) feet tall and ten (10) feet wide with twenty-five (25) square feet in_area. Structures greater than eighteen (18) feet in height may have a wall sign up to three (3) feet tall and fourteen (14) feet wide with forty-two (42) square feet in area. The area of wall signs for each business or tenant .space shall not exceed one (1) square foot of sign area for each lineal foot of. Tenant Frontage occupied by such business up to a maximum sign size of one hundred fifty (150) square feet unless exceeded through approval of a Master Sign Program pursuant to Section 8.08.130. With.a Site Development Review this standard may be increased to one and one-half (1.5) square feet of sign area for each lineal foot of frontage occupied by such business up to a maximum size of two hundred fifty (250) square feet. 2. Wall Siang on Buildings Distant From .Street. A tenant apace of a building which is set back at least one hundred (100) feet or more from any street may increase the Wall Sign area otherwise permitted by right or by a Site Development Review by twenty-five (25$) percent. 3. Wall Sians Parallel To Building Face. Attached wall signs shall be parallel with the building face. 4. Wall Signs Projecting From Face Of Wall. Wall signs shall project not more than twelve (12) inches from a wall except that Wall _ Signs projecting from twelve (12) inches to thirty (30.) inches from the wall to which they are attached are permitted with an Administrative Conditional Use Permit. 5. Maximum Wall Sian Length. Wall signs may have a. maximum length of twenty-four (.24) feet. This standard may be increased with a Site Development Review. - C: PROJECTING SIGNS 1. Clearance of Proiectina Signs. Projecting Signs shall have a ' clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way. No .such sign shall project into a public right-of-way. 2. Location Of Proiectirig Signs. Projecting Signs shall only be located on the middle one-third of the front wall of a building. 21 1 V This requirement may be modified by means of an Administrative Conditional Use Permit. 3. Number of Proiectina Sians. Only one Projecting Sign shall be permitted for each business located on the site. 4. Proiectina Sian Areas. A Projecting Sign shall have a maximum size of sixteen (16) square feet per side unless increased pursuant to an Administrative Conditional Use Permit. 5. Proiectin~Si~n Projection LimitProjection Limit. Projecting Signs shall not extend from the front wall to which they are attached more than eight (8) feet .unless modified by an Administrative Conditional Use Permit. Sec. 8.08.120 FREESTANDING SIGN GENERAL REGULATIONS. A Freestanding Sign shall: A. be located in a planter of appropriate dimension. The design of the landscape planter should be of sufficient width, length and height to protect the base of the sign from damage due to vehicular traffic; B. not be located closer than fifty (50) feet from the right-of-way of an Interstate Freeway; C. be permitted at one or more of the main entrances pursuant to a Master Sign Program; D. be permitted to be located within required front, side or year yard setback areas; E. indicate the building address or address range of the building and/or complex it serves; F. have a minimum clearance of fourteen (14) feet if the freestanding sign has an overhang extending over a driveway, alley, or other vehicular access; G. not project into a public right-of-way; H. have a maximum height of 10 feet at the property line. The height may be increased .5 foot for every foot the sign is set back from the nearest street frontage property line up to a maximum of twenty (20) feet. A Freestanding Sign may be permitted to have a height of up to thirty-five (.35) feet with an Administrative Conditional Use Permit.. Heights above thirty-five (35) feet may be permitted pursuant to a Master Sign Program; I. have a maximum area of 15 square feet per side at the property line. The area may be increased 2.5 square feet per aide for each foot the sign is set back from the nearest street frontage property line. The maximum size for a freestanding sign is one hundred and fifty (150) square feet per side. A Freestanding Sign may have an area greater than one hundred and fifty (150) square feet pursuant to a Master Sign Program; J. also be regulated as shown in Sec. 8.08.040, Matrix B; and. 22 . ~ ~ ~ q K. be limited to one Freestanding Sign per parcel unless more than one Freestanding Sign were allowed pursuant to a Master Sign Program. Sec. 8.08.130 MASTER SIGN PROGRAM/SITE DEVELOPMENT REVIEW A. New signage for a new retail, office or industrial complex on four (4) or more acres having a. gross floor area of 40,000 square feet or larger, a new automobile dealership, or any buildings more than two (2) stories high shall be subject to a Master Sign Program/Site Development Review to be reviewed by the Zoning Administrator pursuant to Sec. 8-95.0 SITE DEVELOPMENT REVIEW. An existing or proposed retail, office or industrial complex (all of the businesses in the complex or shopping center, not an. individual business in a complex or shopping center), automobile dealership or building more than two (2) stories high, regardless of the size of the site on which it is located, may apply for a Master Sign Program/Site Development Review to be reviewed by the Zoning Administrator. B. A Master Sign Program may include more than one freestanding sign per parcel or other deviations from the standards of this chapter, provided that the Master Sign Program. is consistent with the provisions of Section 8.08.150 PROHIBITED SIGNS. In approving a Master Sign Program, the Zoning Administrator shall make the following findings: 1. That the program's contribution to effective and attractive identification of businesses, services and uses and the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of Section 8.08.40 SIGN DEVELOPMENT REGULATIONS, Section 8.08.050 SIGNS SUBJECT TO PERMITS, Section.8.08.110 REGULATIONS FOR WALL .SIGNS AND PROJECTING SIGNS, and Section 8.08.120 FREESTANDING SIGN GENERAL REGULATIONS; and 2. That a1T of the proposed signs of the retail, office or industrial complex, shopping center, automobile dealership or building are compatible with the style or character of existing improvements on the site and are well related to each other; and 3. That all .of the proposed signage shall generally conform with the Design Criteria in Section 8.08.060. ARTICLE III. E%EMPT AND PROHIBITED SIGNS Sec. 8.08.140 EXEMPT SIGNS. The following signs are exempt from obtaining a Sign Permit but shall comply with all other regulations of this article: A. Direction/Warning Signs. Signs displayed for the direction, warning or safety of the public, including pedestrian and vehicular traffic, with eight (8) square feet maximum sign area per sign, except pavement markings which are not so restricted as to maximum area. B. Flags. The flag, pennant, or insignia of any charitable, educational, philanthropic, civic, professional or religious organization. C. Holidav Lights And Decorations. Holiday lights and decorations commonly associated with any national, local or religious holiday erected no 23 l~ ~ sooner than forty-five (45) calendar days before the holiday and removed within fourteen (14) calendar days following the holiday. D. House Numbers And Name.Plates. House numbers,- name plate or identification of house members (provided sign does not exceed two (2) square feet maximum area), mail box identification, street_ names, ".no- trespass" signs, and other warning signs. E. Lotterv Sians. Signs for the California State Lottery approved by the Lottery Commission for display by Lottery Game Retailers. F. Memorial Tablets. Memorial Tablets or signs identifying.a benefactor, a location of historical interest, or a statue or monument. G. Murals/Artwork. 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. H. Official Public Sians. Official Public Signs. I. On-Site Temporary For Sale Or Lease Sians. All On-Site Temporary For Sale or Lease Signs shall: 1. not exceed a maximum area of sixteen (16) square feet per side; 2. be limited to one (1) such sign placed for each one hundred (100) feet of street frontage, up to a maximum of two (2) signs per parcel; 3. have a maximum height of eight (8) feet; 4. state that the property is for sale, lease or exchange by the owner or his or her agent and the name address and phone number of the owner or agent and/or agency and directions; 5. be constructed of wood, plywood, metal or other rigid material; and 6. not be placed on a private or public right-of-way. J. Private Recreational Sians. Signs which are within private recreational property and which cannot be seen from a public street or adjacent . properties. K. Temporary Political Sians. Temporary political signs provided they shall: 1. Be removed within 10 calendar days .following the election; and 2. Be placed on private property; and J 3. Be no more-than sixteen (16) square feet per side. in area per individual sign and up to eighty (80) square feet of maximum aggregate area per lot; and 24 ~o ~9 4. Not be placed within the public right-of-way or within 660 feet of and visible. from the right of way of Interstate 580 or Interstate 680. L. Vehicular Sians. A vehicle with Vehicular Signs affixed shall be parked on the property on which the business is located, and as close as practical to the business it serves. The vehicle shall not be used as a sign platform or for the sole purpose of attracting people to a place of business. Sec. 8.08.150. PROHIBITED SIGNS. The following signs, or signs which contain the following elements, are prohibited: A. A-Frame Sians. Any A-Frame Sign, Portable Sign or. sandwich Board Sign. B. Billboard Sians. Any Billboard Sign. C. Blinking, Flashing Lights. Any sign having blinking, flashing or fluttering lights, or any other illuminating device which has a changing light intensity, brightness or color. D. Off-Site Advertising Signs. Off-site advertising signs except for Directional Tract Signs, Community Identification Signs, Open-House Signs and Special Easement Signs. E. Obscene Or Deroaatorv Sians. Any sign containing any obscene or derogatory matter. F. On Public Property. Any sign on public property except the following: 1. An Official Public Sign; 2. An informational sign of a public utility or transit company regarding its poles, lines, pipes, facilities or routes; 3. An emergency warning sign erected by the City or other public entity, a public utility company, or contractor doing authorized or permitted work on public property. . 4. An Open-House Sign with a valid Open-House Sign Annual Encroachment Permit; or 5. Signs located in public roadways rights of way, public sidewalks and public roadway medians. G. Privately owned signs Resembling Traffic Signs. Any privately owned sign resembling any public directional sign or traffic control device. H. Reflective Signs. Signs using colors that contain reflective properties. I. Rotating, Moving Sians. Any sign which rotates, moves, or contains moving parts or depicts animation in any manner. J. Sians Extending Above Roof Rid'ae. Any sign which extends above the roof ridge line or parapet. 25 K. Sians That Are A Traffic Hazard. Any sign which create a traffic hazard to operators of motor vehicles or any sign which obstructs or interferes with a motorist '.s vision of traffic signal. L. Sians With Visible Support Brackets. Any sign mounted on a sloping roof with visible support brackets. M. Sound Or Odor Emitting Signs. Any sign designed for emitting sound, _ odor or visible matter. N. Statuary Sians. Statuary when used for advertising purposes. O. Temporarv Sians. Temporary signs except as approved in conjunction with approved signage for Grand-opening, Permanent Banner and Temporary Promotional signs. , ARTICLE IV. PERMIT PROCEDURE Sec. 8.08.160 COMPLIANCE --SIGN PERMIT APPLICATION REQUIRED. With the exception of Exempt Signs as specified in Section 8.08.140 of this Chapter, no person shall place or erect a sign in the City of Dublin without first having obtained approvals of applications as required by Matrix A (Section 8.08.030). It shall not be necessary to obtain approvals 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. Sec. 8.08.170 ,APPLICATION - CONTENTS. Application for a Sign Permit shall be made in writing upon forms furnished by the Planning Department and shall include the Property Owner's signature authorizing the application, and other information determined by the Zoning Administrator. Sec. 8.08.180 OWNER'S CONSENT. No sign may be placed upon a property without the written consent of the property owner. Sec. 8.08.190 APPLICATION - APPROVAL. A. The Zoning Administrator shall approve a Sign Permit Application only if he or she finds that: 1. the sign and/or proposed location are not prohibited under section 8.08.150 PROHIBITED SIGNS; 2. the sign is permitted under a specified section of this Chapter or under an Exception granted pursuant to Section 8.08.200; 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 8.08.060 DESIGN CRITERIA. 26 M B. Applications for the Sign Permits shown in Section 8.08.030 Matrix A shall be_subject to the regulations, review, procedures, and appeal process set forth in the Zoning. Ordinance. Sec. 8.08.200 SIGN EXCEPTIONS. Upon application,, the Zoning Administrator may grant a Sign Exception to a regulation in this chapter or, at the discretion of the Zoning Administrator, the application may be referred to the Planning Commission. A Sign Exception may be granted when the Zoning Administrator or the Planning Commission makes the following findings based on evidence in the record• A. The proposed Sign Exception conforms as closely as practicable to the regulations. pertaining to sign size, height, number and location; and B. The proposed Sign Exception is consistent with the intent of providing attractive and effective identification and other purposes of the sign regulations; and C. Either: 1. strict adherence to the sign regulations does not allow attractive and .effective identification of the site or practical functioning of the business because of the site's location or configuration, or because the proposed business or use is obscured from view by adjacent buildings and/or vegetation; or 2. the architectural style, materials or construction elements of the building are such that a sign placed in conformance with this chapter would conflict with other aesthetic considerations. D. The procedure for processing a Sign Exception shall be as set forth in Sections 8-93.0 through 8-93.4 VARIANCE. ARTICLE V. NON-CONFORMING AND ILLEGAL SIGNS Sec. 8.08.210 NON-CONFORMING SZGNS. A. All signs and their supporting members that were rendered non-conforming by enactment of Ordinance 7-86, including signs previously approved through a Variance and/or Conditional Use Permit process and were not brought into compliance with the provisions Of this Chapter on or prior to three (3) years from the effective date of ordinance 7-86 and thus became illegal, and any signs made non-conforming by this ordinance, shall be considered to be legal non-conforming signs. Sec. 8.08.220 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 has been abandoned by its owner, for a period of not less than ninety (90) days. 27 C. Any signs and their supporting members which have been more than fifty percent (50~) destroyed, and the destruction is other than facial copy replacement, and the sign displays are not repaired within thirty (30) days of the date of their destruction. D. Any signs and their supporting members whose owners, except for a change of copy, request permission to remodel and remodel those sign displays, or expand or enlarge the buildings or land uses upon which the sign 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 fifty percent (50$) of the cost of. reconstruction of the building. E. 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. F: Any signs and their supporting members which are temporary. G. Any signs and their supporting members which are a danger to the public or are unsafe. H. 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. I. Any signs and their supporting members that were legally erected which later became non-conforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rendering the display non-conforming has expired, and conformance has not been accomplished. Sec. 8.08.230 INVENTORY. All existing illegal on-premises signs and abandoned signs shall be inventoried and identified as required by Business and Professions Code Sec. 5491.1. The inventory and identification shall commence within six (6) months from the date of adoption of this ordinance. Within sixty ,(60) days after .the six-month period, the. City shall commence abatement of the identified preexisting illegal and abandoned on-premises advertising displays. Sec. 8.08.240 SIGNS LOCATED ON NON-CONFORMING BUILDINGS WITHIN A REQUIRED YARD. Signs shall be permitted on non-conforming buildings located wholly or partially within required yard setback. [Ord. No. 7-86, May 1986; Ord. No. 18- 88, September 1988) ARTICLE VI. ENFORCEMENT Seca 8.08.250 COMPLIANCE - DECISION OF PERMITTING BODY. No building permit may be issued for a sign until the decision of the permitting body approving the application is final. Each sign shall be constructed and maintained in • accordance with the terms and conditions of approval. ~ Sec. 8.08.260 MAINTENANCE - REQUIRED. Each sign shall be maintained in a secure and safe condition.. If the Zoning Administrator is of the opinion that a sign is not secure, safe, or in a good state of repair, he/she 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. 28 ~ Zoning Administrator, the Zoning Administrator may revoke the permit to maintain the. sign and may remove the sign in the manner provided in Section 8.08.280 MEANS OF REMOVAL OF ILLEGAL AND/OR NON-CONFORMING SIGNS. Sec. 8.08.270 ILLEGAL SIGNS - SUMMARY REMOVAL. Illegal signs may be removed in the manner described in Business and Professions Code Sections 5499.1 et. seq. or in the following manner: A. The Zoning Administrator shall give written notice to the owner of the premises as shown in the last equalized assessment roll, or as known to him or her, 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 and by regular 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; and 2. a copy of the Section of this Chapter which is being violated; and 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 Zoning Administrator 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 Zoning Administrator finds that a violation of this Chapter 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 8.08.280 MEANS OF REMOVAL OF ILLEGAL AND/OR NON-CONFORMING SIGNS. D. The notice provided pursuant to Subdivision A shall be appropriate given the type of sign and circumstances but, in no event, shall it be less than five calendar days. ' E. Each person who erects a sign which is subject to removal under this section is jointly and severally liable for the cost of removal. F. "The City may dispose of the sign sixty (60) days after removal by giving' the owner notice that the owner may redeem the sign by paying the cost of removal, or if he or she 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."8.08.280 MEANS OF REMOVAL OF ILLEGAL AND/OR NON-CONFORMING SIGNS. Unless some other method of removal is approved by the Zoning Administrator in writing, the removal of illegal and/or non-conforming of signs shall be accomplished in the following manner:. A. 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. . 29 ' B. Other signs shall be abated by the removal of the sign, including its supporting members. Sec. 8.08.290 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 proved by law. The City may take proceedings for the abatement of the nuisance and make the cost of abatement a lien and special assessment against the property in accordance with Government Code Sections 38773 or 38773.5. In addition, the cost of abatement shall be a personal obligation of the property owner. Sec. 8.08.300 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 3 Repeal: The following Ordinances are repealed: Ord. Nos. 7-86, 6-87, 18-88, 9-89 and 6-92 Sections 13 and 14. Section 4 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 22nd day of August, 1994, by the following votes: Ayes: Councilmembers Burton, Houston, Howard, Moffatt and Mayor Snyder ~ Noes: None Absent: None Abstain: None ~fir~~.i Mayor ttest: - City erk 30 ID ~ ~ ORDINANCE'NO.20 - 97 AN ORDINANCE OF THE CITY OF DUBLIN REPEALING, RENUMBERING OR AMENDING CERTAIN EXISTING ZONING PROVISIONS AND CERTAIN MUNICIPAL CODE PROVISIONS AND ADOPTING A REVISED ZONING ORDINANCE The City Council of the City of Dublin does ordain as follows: Section 1. Recitals. 1. The current Dublin Zoning Ordinance was prepared in 1967 by Alameda County and was adopted by the City of Dublin when it incorporated in 1982. The Zoning Ordinance has been amended frequently over time, but has undergone no comprehensive revision. 2. Additional zoning regulations are set forth in Title 8 of the Dublin Municipal Cade and include Chapter 8.08, Signs; Chapter 8.12, Density Bonus; Chapter 8.20, Water Efficient Landscaping; and Chapter 8.24, Inclusionary Zoning. . 3. In 1985, the City adopted its first general plan. The General Plan has also been amended frequently over time, including a major amendment in the form of the 1993 Eastern Dublin General Plan Amendment and a related Specific Plan, both of which require implementation through the Zoning Ordinance. 4. In 1996, the City began the process of revising the Zoning Ordinance to be consistent with the amended General PIan and the Eastern Dublin Specific Plan, as well as to streamline and update zoning provisions and processes. The revised Zoning Ordinance is attached hereto as Attachment 1. The revised Ordinance is intended to replace the existing Zoning Ordinance, past amending ordinances, Chapter 7.56 of the Dublin Municipal Code, and the existing chapters. in Title 8 and other Zoning-related chapters of the Dublin Municipal Code. 5. Numerous public hearings and study sessions have been conducted on the draft Zoning Ordinance, including August 6, 1996; September 24, 1996; November 12, 1996; November 26, 1996; January 14, 1997; March 11, 1997; Apri122, 1997; and June 24, 1997. A joint City CounciUPlanning Commission study session on the Zoning Ordinance was held on May 6, 1997. 6. Pursuant to CEQA, staff prepared an Initial Study on the draft Zoning Ordinance. Based on the Initial Study, staff recommended that the draft Ordinance be found exempt ATTACHMENT 7l from review under CEQA Guidelines Section 15061(b)(3), the general exemption for activities where it can be seen with certainty that there is no possibility of significant environmental effect. ~ - 7. Final Planning Commission review of the revised Zoning Ordinance and the draft CEQA exemption was scheduled for a noticed public hearing on July 22, 1997, at which tune the Planning Commission considered all comments and testimony received at the hearing. 8. Based on the comments and testimony received at the hearing, and on staff reports and evidence in the record, the Planning Commission adopted Resolution 97-15, dated July 22, 1997. Resolution 97-15 recommended that the City Council find the Zoning Ordinance revision project exempt from CEQA review and that the Council adopt the draft Zoning Ordinance revision. The resolution also set forth the reasons for the Planning Commission's recommendations. 9. The City Council considered the Planning Commission's recommendations at a noticed public hearing on August 19, 1997, at which time the City Council considered all comments and testimony received at the hearing. 10. Based on the comments and testimony received at the hearing, the City Council adopted Resolution No. i03 - 97 finding the Zoning Ordinance xevision project exempt from CEQA under CEQA guidelines 15061 (b) (3). Section 2 Sign Ordinance, History & Le 'dative Intent. The sign regulations of the City of Dublin were first adopted by Ordinance No. 1 an February 1, 1982, when Dublin incorporated. Thereafter on May 24, 1982, the City Council enacted Ordinance No. 13 which adopted the .sign regulations of the County of Alameda as Dublin's sign regulations. On May 12, 1986, the City Council enacted Ordinance No. 7-86 which . amended, clarified and reenacted Ordinance No, 13. Ordinance No. 7-86 was amended by Ordinance No.'s 6-87, 18-88, 9-89, and Sections 13 & 14 of Ordinance No. 6-92. The current sign regulations were adopted by Ordinance No. 6-94. In enacting this Ordinance it is the intent of the City Council to amend, clarify and.reenact the existing sign regulations and to continue having all sign regulations in one ordinance. In enacting this Ordinance it is not the Council's intent to make the existing sign regulations more restrictive or more prohibitive but, rather, to clarify ambiguities, and in certain situations, provide greater flexibility regarding sign size and placement. No signs which are conforming under the current sign regulations (Ordinance No. 6-94) will be made non-conforming by enactment of this Ordinance. Certain signs which axe non- conforming under the existing sign regulations will remain non-conforming under this Ordinance. This Ordinance will continue to pravide mechanisms for such signs to become conforming. It is the intent of the City Council in enacting this Ordinance that - the amortization period for removal ofnon-.conforming signs not be more restrictive 2 than the amortization period set forth in Dublin's sign regulations, as originally enacted by Ordinance No.'s 1 and 13 and as currently in effect pursuant to Ordinance No. 6-94. Section 3 Adoption. A revised Zoning Ordinance renumbering existing provisions, amending existing provisions, and adding new provisions, all as set forth in Chapters 8.04 through 8.144 to Title 8 of the Dublin Municipal Code, as set forth in Attachment 1, and incorporated herein by reference, is hereby adopted. Section 4 Renumbering. The following provisions of the Dublin Municipal Code are hereby renumbered as shown in Attachment 1: Chapter 8.12, Development Agreements; Chapter 8.16, Density Bonus; Chapter 8.20, Water Efficient Landscaping; Chapter 8.24, Inclusionary Zoning Ordinance. Nor. No. 5-84, Second Units in R I districts, is hereby renumbered as shown in Attachment 1. Section 5. ReQea1• The following Ordinances are hereby repealed. 1. The existing Zoning Ordinance, Ordinance 13, insofar as it continued in effect Chapters 1 and 2 of Title 8 of the Alameda. County Code. 2. Ordinance 23 establishing the jurisdiction of the Planning Diurector and the Planning Commission with regard to various zoning and planning matters. 3. Ordinance 17-84, Newspaper Recycling Bins: 4. Ordinance 18-84, Arts and Crafts Fairs. 5. Ordinance 3-86, Recreational Vehicles. 6. Ordinance 15-86, Fortunetelling. 7. Ordinance 3-87, establishing Chapter 7.56 of the Dublin Municipal Code, Swimming Pool Enclosures. 9. Ordinance 28-87, Sleeping in Vehicles. 10. Ordinance 3-92, Massage Establishments. 11. Ordinance 6-92, amendments to the Municipal Code relating to Condifional Use Permit; Admunistrative Conditional Use Permit and Site Development Review process {except Section I3 & 14 related to sign regulations, which were previously repealed by ti. Ordinance Number 6-94). 12. Ordinance 4-94, Planned Developments. 3 13. Ordinance 6-94, establishing Chapter 8.08 of.the Dublin Municipal Code, Signs. 14. Ordinance 8-95, Outdoor Sales.. 5 15. Ordinance 17-96, Hazardous Waste Facilities 16. Ordinance 14-97, Planned Developments. Section 6 Severability. Tf any part of this Ordinance or the application thereof to any person is held invalid, the remainder of the Ordinance and the application of such _ provisions to other persons shall not be affected thereby. Section 7 Effective Date. This Ordinance shall take effect and be in force 30 days following its adoption. Section 8 Postin .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 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 2nd day of September, 1997. AYES: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston NOES: None ABSTAIlV: None ABSENT: None Mayor ATTEST: ty Cler g:pa95027/ordl K2/G/9-2-97/ord-zon. doc 4 RESOLUTION N0.6 - 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING THE ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE; AND RESCINDING RESOLUTION N0.234-99 WHEREAS, on November 4, 1997, the City Council of the City of Dublin did adopt.Resolution No. 134-97 establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations; and WHEREAS, Resolution No. 234-99 identified both Administrative Procedures and Enforcement Policies; and WHEREAS, the actual procedures for enforcing a particular law and already covered iri City Ordinances and applicable sections of the State Law, however, this resolution provides additional clarification of enforcement provisions; and WHEREAS, the City Council is desirous of revising the Enforcement Policy for Zoning, Building, Housing and Property Maintenance Ordinance Violations; and WHEREAS, the City Council desires that certain enforcement issues be enforced without a complaint and that others be enforced on a complaint basis only; and WHEREAS, it is necessary to rescind Resolution No. 234-99 for minor amendments regarding sign regulations and adopt a new resolution. NOW THEREFORE BE IT RESOLVED: the City Council does hereby adopt the "Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance", attached hereto as identified as Exhibit 1. BE IT FURTHER RESOLVED: the City Council does hereby rescind Resolution No. 234-99. BE IT FINALLY RESOLVED: the City Council does hereby direct Staffto provide one verbal warning and one written warning (unless circumstances dictate more) on all enforcement issues regarding the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance, followed by citations and fees. PASSED, APPROVED AND ADOPTED this 18~' day of January, 2000. AYES: CounciYmembers McCormick, Zika, Dice Mayor Lockhart and Mayor Houston NOES: None ABSENT: Councilmember Howard ABSTAIN: None Mayor ATTEST:. C' Clerk KZ/G/1-18-00/reso-enforce.do ATTACHMENT 8 5_ ~ ~ ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE This procedure is to be followed in investigating complaints about and enforcing possible violations of the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance. A..THE FOLLOWING SHALL BE ENFORCED ON A COMPLAINT BASIS: 1. -Home Occupations. 2. -Sheds visible over fences and walls. 3. Sign Regulations with the exception of those signs identified in B-4, B-5, B-15, B-16, and B-17 below. B. THE FOLLOWING SHALL BE ENFORCED WITHOUT A COMPLAINT: 1. Building work actually observed to be under construction without permits. 2. Violations observed on property where the inspector has a legitimate reason to be on the property, such as a routine follow-up on a Variance or Conditional use Permit, or when inspecting construction under a permit. ` 3. Conditions brought to the attention of the City in any manner which involve public health and safety. 4. A-frame signs. 5. Banner signs without permits 6. Living or sleeping in vehicles parked or stored on a lot. 7. Location of required parking spaces. 8. Outdoor display of merchandise. 9. Off-street recreational vehicle parking. 10. Parking of unlicensed or inoperable vehicles. 11. Parking within a designated parking space. 12. Property Maintenance Ordinance. 13. Repair of automobiles or other vehicles which are not registered to the occupant of a residence. 14. Repair or dismantling of a vehicle in front of a residence. 15. .Temporary political signs. 16. Temporary promotional signage related to balloons, pennants and streamers. 17. Vehicle signs. 18. Violations of the Zoning Ordinance relating to Temporary Outdoor Sale Not Related to On-Site Established Businesses. Such a sale would be by anon-Dublin business that is not an on-site established Dublin business with all necessary licenses and permits. SIMILAR VIOLATIONS IN THE IMMEDIATE AREA FOR WHICH A COMPLAINT IS NOT RECEIVED. In establishing this policy, the City Council recognizes that a person whose property is being investigated may poirit out several similar violations in the immediate area. It may be inequitable to require abatement of a violation when the same violation may exist in the immediate vicinity and is not investigated because Exhibit 1 _ ~ 9 . , a complaint is not received. In such situations any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator will be enforced as though a complaint had been registered. ANONYMOUS COMPLAINTS. All anonymous complaints will be investigated. However, no action will be taken on anonymous complaints where the City Manager, Community Development Director or.Building Official determines that the matter does not warrant further action. These cases would be closed following the investigation and a determination by the City Manager, Community Development Director or Building Official. COMPLAINT INFORMATION Any person making a complaint shall give their name, address, and phone number. This is necessary so that the complainant can be contacted and advised of the status of the investigation. It may also be necessary to contact the complainant to secure additional information regarding the problem. INVESTIGATIONS OF COMMPLAINTS ARE NOT PUBLIC RECORDS Section 6254 of the Government Code provides that records of investigations of complaints are not public records. Therefore, investigations of complaints will be kept confidential and information will not be disclosed except as required by a court order. RESOtUTI01V NO. 150-09 A RESOLUTION OF THL~~ITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING THE ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, PROPERTY MAINTENANCE ORDINANCE, AND ENCROACHMENT PERMITS; AND RESCINDING RESOLUTION N0.6-00 WHEREAS, on January 18, 2000, the Dublin City Council adopted Resolution No. 6-00 establishing a policy enforcing Zoning, Building, Housing and Property Maintenance violations; and WHEREAS, Resolution No. 6-00 identified both Administrative .Procedures and Enforcement Policies; and WHEREAS, the actual procedures for enforcing a particular law were already covered in City Ordinances and applicable sections of the State Law, however, this resolution provides additional clarification of enforcement provisions; and WHEREAS, the City Council is desirous of revising the Enforcement Policy for Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance; and WHEREAS, the City Council desires that certain enforcement issues be enforced without a complaint and that others be enforced on a complaint basis only; and WHEREAS, it is necessary to rescind Resolution No. 6-00 for minor amendments .regarding the enforcement of Conditions of Approval, Conditionally Permitted Uses, and Encroachment Permits and adopt a new resolution. NOW THEREFORE BE IT RESOLVED that the Dublin City 'Council does hereby adopt the "Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, Property Maintenance Ordinance, and Street Encroachment Permits" attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the Dublin City Council does hereby rescind Resolution No. 6-00. PASSED, APPROVED AND ADOPTED this 6~' day of October 2009, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~ ' Mayor ATTEST: City Clerk . Reso No. 150-09, Adopted 10-6-09, Item 8.4 Page .1 of 1 . ATTACHMENT 9 79 ~ ~ ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, PROPERTY MAINTENANCE ORDINANCE, AND STREET ENCROACHMENT PERMITS This procedure is to be followed in investigating complaints about and enforcing possible violations of the Zoning Ordinance, Building Code, Housing Code, Property_ Maintenance Ordinance, and Encroachment Permits. A. THE FOLLOWING SHALL BE ENFORCED ON A COMPLAINT BASIS: 1. Home Occupations 2. Sheds visible over fences and walls. 3. Sign Regulations with the exception of those signs identified in B-4, B-5, B-15, and B-17 below. 4. Basketball hoops in the public right-of--way. B. THE FOLLOWING SHALL BE ENFORCED WITHOUT A COMPLAINT 1. Building work observed to be under construction without permits. 2. Violations observed on property where the inspector has a legitimate reason to be on the property, such as a routine follow-up on a Variance or Conditional Use Permit, or when inspecting construction under a permit. 3. Conditions brought to the attention of the City in any manner which involves public health and safety. 4. A-frame signs. 5. Banner signs without permits. 6. Living or sleeping in vehicles parked or stored on a lot. 7. Location of required parking spaces. 8. Outdoor display of merchandise. 9. Off-street recreational vehicle parking. 10. Parking of unlicensed or inoperable vehicles. 11. Parking within a designated parking space. 12. Property Maintenance Ordinance. 13. Repair of automobiles or other vehicles in the driveway which are not registered to the occupant of a residence. 14. Repair or dismantling of vehicles in front of a residence. 1 S. Temporary political signs. ' 16. Temporary promotional signs including balloons, pennants and streamers. 17. Vehicle signs. 18. Violations of the Zoning Ordinance relating to a Temporary Outdoor Sale Not Related to On-Site Established Businesses. Such a sale would be by anon-Dublin business that is not an on-site established Dublin business with all necessary licenses and permits. 19. Conditions of Approval. 20. Conditional uses operating without a Conditional Use Permit. 21. Encroachments which require a permit. EXHIBIT A q. ~ / C. SIMILAR VIOLATIONS IN THE IMMEDIATE AREA FOR WHICH A COMPLAINT IS NOT RECEIVED. In establishing this policy, the City Council recognizes that a person whose property is being investigated may point out several similar violations in the immediate area. It maybe inequitable to require abatement of a violation when the same violation may exist in the immediate vicinity and is not investigated because a complaint is not received. In such situations any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator will be enforced as though a complaint had been registered. D. ANONYMOUS COMPLAINTS - All anonymous complaints will be investigated. However, no action will be taken on anonymous complaints where the City Manager, Community Development Director, Public Works Director, or Building Official determines that the matter does not warrant further action. These cases would be closed following the investigation and a determination by the City Manager, Community Development Director, Public Works Director, or Building Official. E. COMPLAINT INFORMATION Any person making a complaint can give their name, address, and phone number. This is necessary so that the complainant can be contacted and advised of the status of the investigation. It may also be necessary to contact the complainant to secure additional information regarding the problem. F. INVESTIGATIONS OF COMPLAINTS ARE NOT PUBLIC RECORDS Section 6254 of the Government Code provides that records of investigations of complaints are not public records. Therefore, investigations of complaints will be kept confidential, and information will not be disclosed except as required by a court order.