HomeMy WebLinkAboutAgenda Report - February 17, 1988 (50)C 0_ N C I L C O? 1 M U N I C A T _ O N
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
COUNCIL MEETING DATE:
FEBRUARY 17, 1988
SUBJECT: TO WNSIDER THE PROPOSED AMENDED CITY OF IADI SIGN ORDINFANCE
INDICATED ACTION: That the Mayor open the hearing on the off -premise sign
amendment -s and declare that the hearing will be postponed to
an undetermined date.
BACKGROUND: The Planning Commission has continued this item until its
February 22, 1988 meeting in order that the staff can mai;e
recommendations on the structure content and duration of a
committee to meet with the off -premise sign representative to review alternatives. The
off -premise sign companies have agreed not to apply for new signs pending final action by
the Planning Commission and City Council.
�I
J,/jes 6. Sc r der
munity Development Director
JBS:JJ
COACM9
TXTA.02D
a ,
u
J
�
J
k 3
�h
}
' hE,'�"^,Y,+f�-...'`�'.�,�,`�.-T 2'k"•i-i=F2s�AI�%� -.: .. ._.
<.9,p.e x` >.x ..
NCIIICE OF PUBLIC IEAPJWj
TO CONSIDER THE PROPOSED AMENDED CITY OF LORI SIGN ORDIIKE
NOTICE IS HEREBY CA4N that on Wednesday, February 17, 1988 at the hour of
7:30 p.m., or as soon thereafter as the matter may be heard, the Lodi City
Council will conduct a public hearing to consider the proposed amended City of
Lodi Sign Ordinance.
Copies of the proposed amended ordinance are available i n the City Clerk's
office during regular business hours, Monday through Friday, 8:00 a.m. to 5:00
p.m., except holidays.
Information regarding this item may be obtained in the office of the Community
Development Director at 221 West Pine Street, Lodi, California.
All interested persons are invited to present their views and comments on this
matter. Written statements may be filed with the City Clerk at any time prior
to the hearing scheduled herein and oral Statements pray be made at said hearing.
If you challenge the subject matter in court you may be limited to raising only
those issues you or someone else raised at the Public Hearing described in this
notice or in written correspondence delivered to the City Clerk, 221 West Pine
Street, Lodi, at or prior to, the Public Hearing.
By Order of the Lodi City Council
Alice M. Reimche
City Clerk
Dated: January 20, 1988
Approved as to form:
Ronald M. Stein
City Attorney
NOTICE OF A PUBLIC HEARING BEFORE THE LODI CITY COUNCIL
TO CONSIDER THE ADOPTION OF AN AMENDED CITY OF LODI SIGN ORDINANCE
The Lodi City Council will conduct a public hearing on Wednesday, February 17,
1988 at 7:30 p.m., in the Council Chambers of City Hall, 2nd flocr, 221 Fest
Pine Street, Lodi, to consider the adoption of an amended City of Lodi Sign
Ordinance.
Information regarding this item may be obtained in the office of the City
Clerk, 221 West Pine Street, Lodi, California, or by telephoning (209) 333-6702,
Date: January 20, 1988
Alice M. Reimche
City Clerk
SIGNS
ORDINANCE NO.
AN ORDINANCE OF THE LODI CITY COUNCIL
REPEALING LODI MUNICIPAL CODE TITLE 17, CHAPTER 17.63
SIGN ORDINANCE AND REENACTING A NEW SIGN ORDINANCE
Sections=
Section 1. Establishment of Ordinance
Article 1. Regulating all signs
Section 2. Title; Effect; Construction
Section 3. Purpose, Scope, and Authority
Section 4. Non-commercial Messages
Section 5. Sign Regulation Definitions
Section 6. Community Development Director's Powers
Section 7. Appeals Procedure
Section 8. Sign Inspection and Responsibilities
Section 9. Signs on Public and Utility Property
Section 10. Exempted Signs
Section 11. Prohibited Signs
Section 12. Special Standards by Type of Sign
Section 13. Perniits and Enforcement
Article 11. Additional Requirements
Section 14. General Standards, On -Premise Signs
Section 15. Special Standards by Zone
Section 16. Removal or Restoration of Signs
Section 17. Continued Use of Non -conforming Signs
Section 18. Abandoned Signs
Section 19. Violations
Section 20. Ordinance Conflicts
Section 21. Element for Automatic Amendment
Section 22. Public Notice and Effect
BE IT ORDAINED BY THE LODI CITY COUNCIL.
I. REGULATING ALL SIGNS
SECTION 2. Title, Effect: Construction.
Sections 1 through 21 shall be called sign regulations. These
sections shall be liberally construed to effect the purpose of
imposing stricter and more precise standards on the number and size of
signs, and to effect the purpose of advancing the declaration of
Section 3. These sections shall not be construed or applied in such a
way that would give a preference or greater degree of protection to a
sign conveying a commercial message than is given to a sign similarly
situated and constructed conveying a non-commercial message. These
sections must be construed to apply to all signs, irrespective of the
commercial or non-commercial character of the content, except that
specific types of commercial signs are to be regulated more strictly.
Any ambiguity or question shall be resolved by allowing a
non-commercial sign the same benefits, exemptions and other preferences
that ma be given to a commercial sign similarly constructed and
situated, or by imposing on such commercial sign the same restrictions
imposed on the non-commercial sign similarly constructed and situated.
,SECTION 3. Purpose, Scope and Authority.
1. The city council finds and declares that the purpose of this
chapter is to establish a comprehensive system for the regulation of
the leasing out, erection and relocation of signs and/or sign
structures. This chapter is not to be interpreted to affect the
massages on the signs. It is intended that these regulations:
a) Impose reasonable standards on the number, size, height and
location of signs, and facilitate the removal or replacement of
nonessential or nonconforming signs and/or sign structures in order
to :
(1) Prevent and relieve needless distraction and clutter
resulting from excessive and confusing sign displays;
(2) Safeguard and enhance property values; and
(3) Promote the public safety and general welfare.
b) Provide one of the tools essential to the preservation and
enhancement of the environment, which is instrumental in attracting
those who come to live, visit, vacation and trade, thereby
protecting an important aspect of the economy of the city.
c) Eliminate hazards to pedestrians and motorists brought about by
distracting signs and/or sign structures.
SECTION 4 . Non-commercial Messages.
Notwithstanding any other provisions of this chapter, any sign sponsor
may allocate sign area on any sign authorized by this Chapter to a
non-commercial message.
SECTION 5. Sian regulation definitions.
As used in Sections 2 through 21, unless the context otherwise
requires, the words and terms defined in Section 5 have the meanings
ascribed to them in that Section.
"Abandoned sign" means a sign which has not been maintained in
accordance with the provisions of this chapter for a period in excess
of 60 days following legal notice to the owner of property and the
owner of the advertising display that such sign does not meet, in the
discretion of the Community Development Director, minimum maintenance
standards.
"Advertising display" means any arrangement of material or
symbols erected, constructed, carved, painted , shaped or otherwise
created for the purpose of advertising or promoting the commercial or
non-commercial interests of any person or entity, located in view of
the general public and visible from a public street, and may include
signs, billboards, posters, graphic advertising messages, advertising
copy, accessory signs and similar displays.
"Advertising message" means any copy, symbol, logotype or
graphics which identify, promote or advertise any product, service,
business, institution or other commercial or non-commercial interest of
any person or entity.
"Advertising structure" means any structure or device erected
for the purpose of supporting any sign or other advertising display,
and the framework of the sign.
"Allowable sign area" means the total sign area permitted under
this chapter for any site or business (see also "Sign Area
Computation").
"Amortization" means the elimination of nonconforming signs over
a period of time intended to allow the owner to realize the value of
his/her investment in the sign.
"Animated sign" means a sign with action or motion, flashing
color changes activated by electrical e..ergy, electronic or
manufactured sources of supply, but not including wind -actuated
elements such as flags, banners or pennants.
"Area identification sign" means a permanent, decorative sign
used to identify a neighborhood, subdivision, commercial or office
complex, shopping district, industrial district or similar distinct
area of the community,
"Area of a sign" means the sura total of the geometric areas of
the display surfaces which make up the total sign or advertising
display. Necessary supports or uprights are excluded.
"Business frontage" means the length of building frontage occupied
by an individual building occupant. An occupant may have more than one
business frontage if it occupies building frontage facing on two or
more streets or public areas.
"City" means the City of Lodi .
"Civic display" means a temporary display of banners, balloons ,
flags, lights or similar decorations erected on a public street or
other public property in connection with a holiday, civic event or
celebration.
"Commercial sign" means, W= describing the content of a sign,
a sign advertising, identifying, directing attention to, or otherwise
relating to commerce and to property, goods or services for sale,
lease, exchange or any other transaction where value is given or
received by any party to the transactfon.
—"Community Development Director" means the Cornmunity Development
Director of the City of Lodi and/or his/her duly authorized assistants
or designees, hereinafter referred to as "Community Development
Director".
"Copy" means that portion of a sign or advertising display which
is made up of language, letters, numbers, pictures, or symbols which
state a message.
_"Directional sign" means a permanent sign which directs the flow
of traffic or pedestrians on private property and which contains no
advertising message.
"Directory sign" means a sign, or a group of signs designed as a
s ni 9Te display, which gives information about the location of
businesses, buildings or addresses within a residential, office,
commercial or industrial complex.
"Display surface" means the area made available by the sign
structure for the purpose of displaying the advertising message of
display.
"Erect" means to arrange, build, construct, attach, hang, paint,
pTa—c-e, suspend, affix or otherwise establish an advertising display.
"Flashing sign" means a sign which uses blinking, flashing or
intermittent illumination or light reflectors, either direct, indirect
or internal.
"Frontage" See "business frontage" and "site frontage"
"Freestanding sign" means any sign erected upon or standing on the
ground, also referred to as a ground sign. For the purpose of this
Chapter said signs shall be supported from the ground by one or more
poi es, columns, uprights or braces.
"Freeway Information Area" includes that area within the city
described as follows: on the west by a line drawn fifty feet west of
the west right-of-way line of Cherokee Lane or five hundred feet west
of the west right-of-way line of the U. S. Highway 50-99 Freeway,
whichever is greater; on the east by a line drawn five hundred feet
east of the east right-of-way line of U. S. Highway 50-99 Freeway; and
on the north and south by the present city limits or as the same may
exist in the future.
"Height of sicn" means the vertical distance measured from the
adjacent street grade or upper surface of the nearest curb of a street
or highway to the highest point of a sign or advertising display.
— "Holiday decoration" means any display commonly associated with a
local, state, national or religious holiday, and which is not left in
place for more than 60 days during any single observance.
"Indoor poster" means a temporary sign or poster displayed inside
a window for a period not to exceed 30 days to provide information
about a specific product, price, event or activity.
"Inflatable sign" means any device which is supported by air
pressure or inflated with air or gas which is used to attract the
attention of the public, whether or not it displays any specific
advertising message.
"Mobile sign" means a sign attached to or suspended from any type
of vehicle, other than normal lettering identifying the t-usiness owning
or served by the vehicle. Such signs shall not include those normally
painted on or attached permanently to business vehicles, mass -transit
vehicles, taxicabs or special events signs.
"Noncommercial sign" means, when describing the content of a sign,
a sign not conforming to the definition of a commercial sign.
"Nonconforming sign" means any sign and/or sign structure which
was lawfully erected prior to the adoption of the ordinance codified in
this chapter, or amendments thereto, which would not be permitted under
the current provisions of this chapter.
premises where the sign is located; or a freestanding structure on
which a sign is located, where the sign structure is on a premises, not
owned by the owner of the sign structure, or where the sign message is
not sponsored by the owner of the premises. The sign may contain a
commercial or non-commercial message.
"Official sign" means any sign erected by or at the direction of
any governmental agency. Such signs may include public information
bulletin boards or kiosks when sponsored by any governmental agency.
"On -premises sign" means any sign which identifies, advertises
or directs attention to a business, activity, product, service or other
commercial or non-commercial interest of any person located on the
premises where the sign is located, or which sign structure and/or sign
was erected or built by; and/or the message on the sign is sponsored by
the owner of the site of the sign. The sign may carry a commercial or
non-commercial message.
"Permanent sign" means any sign permanently affixed at the site,
w�f, from the nature and effect of its proposed composition,
construction, message to be carried or its proposed placement, is
intended for conticuous display for a period of time greater than 60
calendar days.
"Permit" shall mean a written authorization by the Community
Development Director to erect or establish a sign and/or sign structure
after compliance with this or other appropriate codes, adopted by the
Lodi City Council. The written authorization is a sign permit. A
building permit may also be required.
"Person" means a natural person and any organization, association
or entity having an existence recognized by law.
"Portable sign" means any sign which is designed and constructed
in such a manner that it can conveniently be moved from place to
place. This definition shall include, but is not limited to,
cardboard, paper, fabric, canvas and plastic banners and flags.
"Premises" means such contiguous land in the same ownership and
which is not divided by a public highway, street, alley or right of way.
"Projecting sign" means a sign which is supported by a decorative
bracket or hanger and extends at an angle from the face of a building.
This definition shall also include any sign which, because of its shape
or thickness, extends more than 12 inches from the face of a building
When mounted flat against the face of the building, but shall not
include a marquee which is designed as an integral part of a building,
or arty sign which is suspended from or is supported by a wall or
building and which projects outward therefrom.
"Project sales sign" means a sign which is erected for the purpose
of promoting the sale or lease of property in a residential, office,
commercial or industrial project on the site where the sign is located,
-5-
and which is under construction or has been substantially ccmpl ete for
less than one year.
"Real estate sign" means a sign offering for sale, rent or lease
the real property on which it is located.
"Roof' means a horizontal or sloping surface of a building which
serves as a cover for the building or its entry, portico or other
appurtenances. This definition includes any part of a building which
resembles a roof in form or function.
"Roof sign" means any sign located on the roof of a building and
either supported by the roof or by an independent structural frame. A
sign which is attached flat against the wall of a penthouse or other
similar roof structure or architectural blade is not a roof sign:
"Shopping center" means a group of commercial establishments , the
perimeter of which is clearly definable, developed on a continuous area
of land, planned and developed as a single unit and providing on-site
parking appropriate to the number, types and sizes of stores.
"Sign" means any structure, symbol, display, device or painting on
or in any other manner making representation on or attached to the
land, building(s) , structure(s), or part thereof. Such structures,
displays, symbols, devices or paintings include but are not limited to
letters, numbers , words, illustrations, decorations, emblems,
trademarks and lights displayed to the public for the purpose of
identifying, advertising or promoting the commercial or non-commercial
interests of any person, persons, firm, corporation or other entity
by conveying an advertising message or attracting the attention of the
public. This definition includes all parts of such a device, including
its structure and supports and also includes balloons , banners ,
pennants, flags, lights, reflectors, reflected lights, streamers or
other devices which are used to attract the attention of the public,
whether or not they convey a specific advertising message. Signs used
by public utilities for the safety, welfare or convenience of the
public shall be exempt from the provisions of this definition:
examples of such signs are: "Danger -- High Voltage." "Public
Telephone" or "Underground Cable."
"Sign area computation". The area of each sign surface shall be
computed by calculating the area within the frame enclosing the letters
or material which composes the sign, or, where there is no frame, by
calculating the area of the surface upon, against or through which the
message is displayed. Where a sign is composed of separate letters
which are placed or painted on a building or other similar surface not
designed specifically for sign presentation, the sign area shall be
computed on the basis of a shape closest to the extremities
encompassing individual letters, words, or symbols.
"Sign structure" means those parts of a sign designed to support
it in place.
.—.ry s+w-t+'�'�+Tw��tatem..:a1?fx`b'Yaps"F:art�el,�w'i+ua�!v�xwaut-�4.1n1e::.:ur.,ei.•s..-.M..�.�.caw.,ns�w.n.�+w........�..��...u.: +�saremYsd�ff.4��G�t�CkTw�X� ��,� � � _
"Site" means a lot or parcel, or contiguous lots or parcels of
an on which a building or complex of buildings is located.
"Si' frontage" means the linear dimension of a site abutting on a
public o. private street right-of-way.
"Suspended sign" means a sign supported from, located below, or
completely cowered by a building soffit or permanent canopy.
"Street frontage" means the property line of a lot abutting public
street right-of-way, excluding alleys to which such property has the
'legal right of access.
"Temporary sign" means a sign made of paper, cardboard, cloth,
plastic or similar material having limited durability if exposed to the
elements; a sign, irrespective of its durability, intended for display
for less than 60 days, and/or a sign without structural support. The
sign message on any temporary sign may be commercial or non-commercial
or a combination of both. Temporary signs do not include signs carried
by a natural person, or changing copy on permanent signs lawfully
erected and maintained.
"Time and temperature sign" means a sign which displays only the
current time, temperature, and/or news of current events and carries no
advertising message. A time and temperature sign shall not be
considered a flashing or animated sign.
"Wall sign" means a sign painted on, attached to, or erected
against the face or wall of a building with the face of the sign in a
parallel plane with that of the building face or wall.
"Wind sign" means any sign, part of a sign or series of signs,
designed or erected in such a manner as to move when subjected to wind
pressure. Wind sign does not include "suspended signs".
SECTION 6. Community Development Director's Powers/Right of Entry.
1. Authority. The Community Development Director is authorized and
directed to enforce all the provisions of this chapter. The Community
Development Director may, in his/her sole discretion, permit variations
in area and height requirements if it can be shown that such would
promote uniformity, architectural compatibility or community
aesthetics. No variation shall exceed 20 percent of spacing and height
limitations imposed by this chapter.
2. Right of entry. Whenever necessary to make an inspection to
enforce any of the provisions of this chapter, or whenever the
Community Development Director has reasonable cause to believe that
there exists a condition which makes a sign unsafe, he/she may enter
the premises upon which such sign is located, at all reasonable times
to inspect the sign or to perform any duty iniposed by this chapter,
provided that:
(a) If the premises upon which the sign located is occupied, the
Community Development Director shall first present proper
credentials and demand entry; and
(b) If the premises i s unoccupied, the Community Development
Director shall first make a reasonable effort to locate the owner or
other persons having charge or control of the premises, and demand
entry. If such entry i s refused, the Community Development Director
may pursue every remedy provided by law to secure entry.
3. Inspection. Any sign which is subject to this chapter shall be
inspected by the Community Development Director to insure compliance
with this chapter.
4. Failure to permit entry. Any owner or occupant or any other
person having charge, care or control of any building or premises, who
fails or neglects, after proper demand is made to permit entry therein
by the Community Development Director for the purpose of inspection and
examination pursuant to this chapter, shall have violated this chapter.
SFCIION 7. Appeals procedure.
1. Planning Commission. In order to determine the suitability of
materials and methods of construction. and to provide for reasonable
interpretations of any ambiguous provisions of 'this chapter, appeals
may be taken to the Planning Commission.
2. Appeals. Appeals to the Planning Commission may be taken by:
Any person aggrieved by his/her inability to obtain a sign or building
permit or by the decision of any administrative officer or agency based
upon or made in the course of the administration or enforcement of the
provisions of this chapter, or by any person who suffers a unique
hardship due to the strict application of the provisions of this
chapter.
3. Time. The time within which an appeal must be made and the form,
fees or other procedure relating thereto shall be as specified by
resolution of the city council may be amended from time to time.
SECTION 8. Sign Inspection and Responsibilities.
1. Inspection. Every on -premises or off -premises sign and/or sign
structure erected in the city is subject to inspection by the Community
Development Director, to assure compliance with the provisions of this
chapter.
2. Responsibility. The owner of the sign and/or sign structure i s
responsible for its proper construction, maintenance, repair and
compliance with the provisions of this chapter.
SECTIOP; Q Signs on Public and Utility Property.
1. Prohibited Signs. No person shall paint, mark or write on, or
post or otherwise affix, any hand -bill, sign or sign structure to or
upon or over real or personal property, easements or rights-of-way
owned by a public agency or by a privately -owned public utility, any
sidewalk, crosswalk, curb, curbstone, street lamp post, hydrant, tree,
shrub, tree stake or guard, railroad trestle, electric light or power
or telephone or telegraph or wire pole, or wire appurtenance thereof,
or upon any fixture of the fire alarm or police telegraph system or
upon any 1 i g: ting system, public bridge, drinking fountain, 1 i f e buoy,
life preserver, lifeboat or other life saving equipment, street sign or
traffic sign,
2. Exemptions. Signs exempted from the prohibition in paragraph 1
are :
(a) Signs which are erected for the safety of motorists and
pedestrians in connection with hazardous activities being conducted
on the property, easement or right-of-way or on adjacent private
property ;
(b) Official signs and signs required by law;
(c) House numbers painted on curbs;
(d) Signs carried by natural persons.
3. Removal. Any sign found erected contrary to the provisions of
this Section shall be removed by the City public works department,
after five days' written notice of removal shall be given. The removed
signs must be stored for 30 days. During that period, the sign will be
made available to the owner and will be returned upon payment of the
cost incurred in the removal and storage.
SECTION 10. Exempted Signs.
Except to the extent they are subject to special standards, the
following types of signs and displays, wnether on -premises or
off remises, are not subject to the provisions of this chapter and
need not be included in any aggregate area computations:
1. Official traffic -control or regulatory signs, signals or
devices, street -name signs or other signs required by law;
2. Changes in copy or advertising display on an existing sign which
do not alter the structure, size or configuration of the sign;
3. Hol i day decorations ;
4. Safety or caution signs, legal notices, public utility signs;
-10-
j
5. Memorial tablets, plaques or markers of bronze, stone or
concrete;
6. "Open", "Closed", "No Trespassing" , "'Warning" and similar signs
not exceeding 2 square feet;
7. Address numbers or plates and residential nameplates;
a. Civic displays;
9. Flags, emblems or insignia of any nation, state or political
subdivision, provided that the individual surface area is not
greater than 60 square feet, and that the supporting structures
are not greater than the larger of 25 feet high or 10 feet more
than the permitted height for a freestanding sign, whichever is
greater. Such signs not exempted are counted and regulated in
accordance with this chapter;
10. Indoor posters;
11. Architectural graphics;
12. Signs which are located within a structure and not visible from
a public street, sidewalk or alley or other public area;
13. Directional signs;
14. Stationary lights which illuminate a building or adjacent
grounds and do not directly illuminate another sign; lights
which outline building features and are not part of the
integrated background or outline of a sign;
15. "For Sale" signs on private property;
16. Signs constructed by a public agency on public land;
17. Signs that are permitted for home sccupations provided that a
Ilam Occupation Permit has been obtained; such signs shall be an
unlighted name plate mounted on the building, not exceeding 2
square feet in area announcing name and home occupation.
SECTION 11. Prohibited Signs.
The following types of signs and displays are prohibited:
1. Off -premises signs ;
4- Roof signs;
5. Signs which constitute a hazard to traffic or pedestrians;
6. Signs located within any right-of-way of stream or drainage
channel;
7. Mobile signs or portable signs unless carried by a person or by
a motor vehicle as provided in Section 12;
a. Three dimensional figures of humans or animals;
9. Signs which produce odor, sound, smoke, flanie or other
emissions;
10. Signs which imitate or simulate official signs, or which use
yellow or red blinking or intermittent 'lights resembling danger
or warning signals;
11. Strobe lights or individual light bulbs exceeding 60 watts, if
rays of light project directly from the source into residences
or streets, or any moving beam of light;
12. Wind signs, other than those exempted;
13. Moving signs;
14. Electrically animated and flashing signs and electronic variable
message signs;
15. Inflatable signs.
SECTION 12. Special standards by type of sign.
1. Mobile and Portable Signs. Mobile and portable signs, are
permitted under the following conditions:
(a) The sign must be painted or otherwise directly attached
flat against the exterior surface of the body of the vehicle cr
trailer or, if on a cargo -type body, the sign must be attached
fiat against the stake racks or other standard vehicle
accessories used to confine cargo loads on the bed of the
vehicle or trailer.;
(b) The vehicle or trailer must be currently licensed and
registered by the California Department of Motor Vehicles and
must be legally operable and capable of being operated on the
public roads;
(d) The sign may not be illuminated and may not contain
letters or symbols which are manually replaceable in order that
the copy can be easily changed from time to time.
2. Directory Sips. Directory signs shall be oermitted at major
entrances to residential, commercial. institutional, industrial or
office complexes to identify occupants, addresses or building numbers
fcr the convenience of visitors and to facilitate emergency services.
Directory signs shall not exceed 6 feet in height and shall not exceed
a maximum total of 48 square feet. No more than 3 square feet shall
be devoted to any single occupant. Directory signs shall not be
included in allowable sign -area limit computations or when calculating
the number of signs on a site.
3. Directional Si ns. Directional sinns or either face of such
signs shaTF not exceed 4 square feet in size and shall be limited to a
maximum of 2 signs for each institution, community service organization
or church. Directional signs shall not be included in allowable sign
area computations or when calculating the number of signs on a site.
4. Area Identification Signs. Area identification signs shall be
permitted at major entrances to neighborhoods, subdivisions,
residential complexes, and office or industrial complexes. Area
identification signs shall not exceed 6 feet in height, and 128 square
feet in total area and shall not be included in allowable sign -area
computations or when calculating the number of signs on the site.
5. Multi -Tenant Complex Identification Signs. Multi -tenant
complex identification signs shall be permitted for each multi -tenant
complex. Multi -tenant complex identification signs shall be limited to
one per niulti-tenant complex and shall not exceed 35 feet in height and
shall be a nudm m of 300 square feet for all readable surfaces if in a
C-1 zone or 600 square feet i n a C -S or higher zone. 100 square feet
of the total sign area may be used for individual business
identification signs uniform in size, shape, and lettering. A
multi -tenant complex identification sign shall not be included in
allowable sign area cornputations or when calculating the number of
signs on the site.
6. Tem ora Signs. Temporary signs shall be permitted under the
following conditions:
(a) The sign area may not be more than 128 square feet;
(b) The height of the sign may not be more than 8 feet;
(c) The aggregate sign area of all temporary signs on the
premises may not be more than 128 square feet;
(d) Sign may not be in place more than 60 days;
(e) If the sign message refers directly (certain date) or
indirectly (i .e. , a picture of a candidate) to a date certain,
then said sign must be removed 10 days after that date certain;
-13-
.•., ....sw.c .v..s. r..... .y� W.,;.a:?:xtZYA+*.1'.vz:*N.w++:+wwba'9.V.en.',Yr a.+. . M1rn.Yvrm. .
(f ) The sign must contain the name and address of a person
or, entity to contact, in the event the sign remained after the
time allowed for in this chapter;
(g) The sign, if it is a commercial sign, complies with the
requirements of subsection 7 through 9;
(h) The location is at a distance not less than 10 feet from
any public right, of way, unless a building is so located on the
premises as to preclude erecting the sign anywhere on the
premises, in which case the sign may be attached to or mounted
against the building;
(i) The sign shall not be placr-d on any public or utility
property in violation of Section 9 of this chapter.
7. Temporary project sales signs. Notwithstanding the area and
height limitations of Subsection 6, project sales signs shall be
allowed during the period when a developer or builder is actively
engaged in the sale of lots or houses, or the sale or lease of space in
a commercial, industrial or office development, provided they are
maintained in good condition. One sign is allowed for each of no more
than 2 major public entrances to the project area. Individual signs
may not exceed 64 square feet or 8 feet in height.
8. Temporary real estate signs. One sign conforming to the
height and area IlWittations in subsection 6 is allowed on residential
property and on any property less than one acre in size. On
commercial, industrial or office properties over one acre, one sign not
to exceed 32 square feet in size is allowed.
9. Monument signs or any sin with a base frame or supporting
structure. The size of sign structures is limited to a
nodrnun0percent of the sign area.
SECTION 13. Permits and enforcement.
1. Permit required. A sign permit is required for every sign
erected wit in the city regardless of type of sign, whether temporary
or permanent, on -premises or off -premises. It i s unlawful for any
person to erect, enlarge, alter (except for normal maintenance or
repair and changes in advertising copy or relocation within the city)
any sign without first having obtained a sign permit and a building
permit for the construction of the sign from the Community Development
Director, and paying the permit fees.
2. Application for permi. Application for a sign or building
permit or the construction of a s i qn , shall be made on forms provided
by the city and shall include, or be -accomplished by, the following:
(a) Name, address, telephone number of the property owner;
-14-
(b) 'Name, address, telephone number and signature of the
applicant;
(c) dame, address, telephone number and license number of the
licensed contractor, if sign is to be erected by same;
(d) A plot plan sno��iing the boundaries of the parcel on which
the sign is to be located, as well as the location of the sign
and all structures on the site, including data showing building
and property frontages. Parking, landscaping and other site
features shall also be indicated;
(e) Two copies of drawings of the proposed sign (s) showing:
(1) the position of the sign in relation to adjacent
structures or buildings;
(2) the design, dimensions, mounting height, materials of
construction and structural details;
(3) Drawings or pictures of all existing on -premises or
off -premises signs on the site, showing their sizes,
locations and the total area of all existing signs;
(4) Any other information deemed necessary by the Community
Devel opr,ent Director.
3. ..S.tructural engineering,The Community Development Director may
require structural engineering or such other information necessary to
preserve the safety and welfare of the general public or to insure
compliance with this chapter or other provision of law.
4. business license. Owners or applicants who are i n the business of
constructing advertising structures or leasing such structures for
advertising purposes shall provide evidence that they have a valid
business license from the finance department of the city.
5. Issuance of Permits. )Mm all requirements of this chapter have
been satisfied and all fees paid, a sign and/or building permit shall
be issued by the Community Development Director.
6. Permit Fees. Fees for sign and building permits shall be as set
by reso uu ion of the Lodi City Council from time to time.
7. Validity of permit. The issuance or granting of a permit or
approval of plans and specifications shall not be construed to be a
permit for, or an approval of, any violation of any of the provisions
of this chapter or . of any other law or ordinance.
8. StoQ work order. Whenever any advertising display or
structure is being erected or maintained contrary to the provisions of
this chapter, the Community Development Director may order the work
stopped by serving the permittee or owner of the property or by posting
a notice on the work being done. The owner or person responsible for
-15••
. �1wr 4+'n'+mpC*NM+,MINI{4'AWIMN/NYq�AYWiMH:gMNNfi`iA. �...nn1r:.PN^AiK w.r;.. .y rrv,N.
the performance of such work shall promptly cease performing any work
on the advertising display or structure until the Community Development
Lei rector gives him/her authority to proceed.
9. Suspension and revocation. Any sign or building permit issued
in error, or in reliance on a falsified application, may be revoked by
the Community Development Director. Any sign erected or partially
erected under a permit issued pursuant to a falsified application may
be ordered removed at the owner's expense.
I ! . ADDITIONAL REQUIREMENTS
SECTION 14. General Standards, On -Premises Signs.
1.
Regulated sians.
All signs erected or located
in the city
which
are not exempte by
Section 10, are subject to the
provisions of
this
chapter as to their
location, size, height, type
and function.
Types
of signs which are not specifically mentioned
are permitted
subject
to the regulations
contained in this chapter.
2. Sign area computation -- Individual Signs. The allowable sign
area shall apply to all readable surfaces of the sign. No one side of
any sign may contain more than 50 percent of the total sign area
allowed. Where a sign consists of individual letters, numbers or
symbols, painted on or attached directly to a building which are
without an integrated background and are not enclosed in a frame or
cabinet, the area of the display shall be the average height of the
display, times the average width. If such a display consists of more
than one line or component, the area of each line or component may be
calculated separately. Where a display is enclosed in a frame or
cabinet, or has an integrated background, the entire area within the
frame, cabinet, or background must be included.
3. Allowable sign area.
(a) Where the allowable sign area is a function of business
frontage, no more than 2 business frontages may be counted in
calculating the allowable area for any building occupant. W1M
2 business frontages are used, only 75 percent of the total of
the 2 frontages can be used in calculating allowable sign area;
(b) The sign area of all sides of all signs on a lot shall be
counted and shall not exceed the maximum calculated allowable
sign area. In no case shall the total sign area on a lot exceed
the nudmurn allowance established for the zone in which the lot
is located as ,provided in Section 15;
(c) Where both on -premises and off -premises signs are located
on the same site, the allowable on -premises sign area shall be
reduced by the amount of off -premises sign area, on the same
premises, until the off -premises signs are either fully
amortized or removed;
-16-
(d) The total sign area on any premises shall not be
transferable to any other proprety or parcel so as to allow a
parcel or property owner to accumulate sign area credits;
(e)Any portion of signage on a iot which exceeds the maximum
allowed becomes non -conforming and is subject to the provisions
in Section 17.
4. Number of signs. The number- of freestanding signs located on
any business rrontage shall not exceed 1 sign for any single business
or shoppinc centtr in the appropriate zones. Any advertising display
contained within a single frame, cabinet c r integrated background shall
count as 1 sign. IT ? display is not so contained, a single message or
business nam(. shall be counted as 1 sign. A business name combined
with a �. Cf s l oea n may be counted as 1 sign, if the elements are
visually integrated. Multiple signs on a single freestanding
structure, where permitted, are allowed if the other requirements of
subsection 3 and this subsection are satisfied, provided that all signs
supported by a single structure are visually compatible with one
another.
5. Maintenance, repair and appearance. All signs shall be
maintained in good repair and shall be neat in appearance. Any sign
which is determined by the Comunity Development Director, to be unsafe
or unsightly because of bent, broken or missing parts or poor
maintenance generally, may be declared a public nuisance.
6. Location of signs. Signs located on private property shall
not exten across property lines into adjacent property. Signs may be
located within, or project into, setbacks, except that no sign may
overhang more than 1 foot over a public right-of-way or be located in a
manner that would create a hazard for traffic or pedestrians.
The supporting structure of a freestanding must be located at least 10
feet from the back of the curb in residential zones and at least 2 feet
in commercial and industrial zones.
7. Wall signs. Wall signs may not extend above or beyond the
wall or surface to which they are attached and may not project more
than 1 foot from the wall.
8. Projecting signs are allowed subject to these conditions:
(a) The sign may not extend above the wall or other surface
to which i t i s attached; and
(b) The sign may not be attached to or located on/or above a
roof;
(c) The sign is located in the appropriate zone.
SECTION 15. Special standards by zone.
-17
* Varies, depending on underlying zoning or usage
Notes: 1. The ratio of allowable sign area depends upon lineal site or business frontage
2. Businesses with 2 frontages take 75 percent of the total for a117.wable sign area
3. No one side of a sign may contain more than 50 percent of the allowed sign area
4. FIA is the Freeway Information Area
R-1
I R-2
JR-LDJ
R -GA
JR -MD
JR-HDj R -CPI
C-1 I C -S
I C-2
I C41
I M-1
I M-2 I P -D
I F -P
I U -H PU5
A
Are off -premise
signs allowed?
NO
Maximum height of
freestanding signs
20�
35'
35' (75' IN FIA)
*
20 1
C I Maximum number of
signs
ONEfreestanding
D
Maximum size of 2
6 T
48
200
300
480
6
200
Ratio of allowable
E
total sign area
NOT APPLICABLE
.5:1
2:1
3:1
*
N/A
.5:1
Maximum allowable
F
total sign area
6
43
200
300
4B0
6
200
G ICan
signs be
NO
YES
indirectly lit?
.
NO
YES
HICan
signs be
NO
interiorly lit?
Yi5
NO
YES
Are animated
l
1 . signs allowed?
NO
Are projecting
NO
signs allowed?
YiS NO
K�Maximum number of
readable surfaces FOUR PER SIGN
LSetback from tura 10' � Z' * 10'
.._...-T
* Varies, depending on underlying zoning or usage
Notes: 1. The ratio of allowable sign area depends upon lineal site or business frontage
2. Businesses with 2 frontages take 75 percent of the total for a117.wable sign area
3. No one side of a sign may contain more than 50 percent of the allowed sign area
4. FIA is the Freeway Information Area
See Chart.
SECTICP; 16. Removal or Restoration of Signs.
The Community Development Director may issue a written Remove or
Restore lNottice to the owner of an on -premises sign and/or sign structure,
requiring the removal or restoration of the sign and/or sign structure
within 30 days of the Notice, if any of the following conditions is
determined to exist:
I) Any sign and/or sign structure erected without first complying
with all ordinances and regulations in effect at the time of its
construction and erection or use;
2) Any sign and/or sign structure which was lawfully erected but
whose use has ceased, or the sign structure has been abandoned by
its owner, for a period of 90 days;
3) Any sign and/or sign structure which has been more than 50
percent destroyed, and the destruction is other than facial copy
replacement, and the sign and/or sign structure cannot be repaired
within 30 days of the date of its destruction;
4) Any non -conforming sign and/or sign structure whose owner,
outside of a change of copy, requests permission to remodel and
remodels that sign and/or sign structure, or expand or enlarge the
building or land use upon which the sign and/or sign structure i s
located, and the sign and/or sign structure is affected by the
construction, enlargement or remodeling, or the cost of
construction, enlargement or remodeling of the sign and/or sign
structure exceeds 50 percent of the cost of reconstruction of the
building;
5) Any sign and/or sign structure whose owner seeks relocation
thereof and relocates the sign and/or sign structure;
6) Any sign and/or sign structure for which there has been an
agreement between the sign and/or sign structure's owner and the
city, for its removal as of any given date;
7) Any sign and/or sign structure which is temporary;
8j Any sign and/or sign structure which is or may become a danger
to the public or i s unsafe;
9) Any sign and/or sign structure which constitutes a traffic
hazard not created by relocation of streets or highways or by acts
of the city.
Said Remove or Restore Notice shall be issued by cert. vied mail. If
the sign and/or sign structure is not removed or restored within the
30 -day period, the Community Development Director may cause the removal of
the sign and/or sign structure, and the costs thereof nny be charged to
the legal owner of the sign and/or sign structure. The Coinmunity
Development Director may allow an abandoned sign and/or sign structure to
remain in place, provided that the sign and/or sign structure is
maintained in good condition, and that there is a reasonable possibility
that the sign can be restored to use within a 1 -year period.
SECTIOM 17. Continued Use of Nonconforming Signs.
1. Continuance of a nonconforming sign. Any advertising display
which becomes nonconforming its the result of the adoption of this chapter
is subject to the conditions hereinafter stated:
(a) A nonconforming sign damaged by wind or other natural causes
to an extent greater than 50 percent of its replacement cost, as
determined by a member of the American Institute of Real Estate
Appraisers selected by the Coinmunity Development Director, shall not
be reestablished. If the Community Development Director determines
that an appraisal is necessary to satisfy the requirements of this
Section, he/she shall notify the owner of the sign who shall give
him/her written authorization to hire an appraiser and acknowledge
owner's responsibility to pity all fees incurred as a result
thereof. No permit for reconstruction of the damaged sign shall be
issued unti 1 the Community Development Director is presented with
satisfactory evidence that the appraisal fees have been paid;
(b) A nonconforming display which is damaged or destroyed as a
result of vandalism or other malicious act may be restored or
rebuilt. This Section does not permit the display or supports to be
constructed of a different material;
(c) A nonconforming sign which i s determined to be abandoned shall
be removed. The right of a person to maintain an abandoned,
nonconforming sign shall terminate following his/her receipt of
notification that the Community Development Director has deemed the
sign abandoned. Responsibility for removal of an abandoned,
nonconforming sign rests with the owner of the sign or the owner of
the property upon which the sign is constructed;
(d) A nonconforming sign must be removed if the parcel oil which the
sign i s located is subjected to any of the following changes:
(1) Approval of a parcel map;
(2) Approval of a tentative subdivision map;
(3) Approval of a major project review;
(4) Approval of a resolution of intent to change land use
district.
2. Amortization of nonconforming off -premise signs. Any off -premise
advertising display that becomes non -conforming as a result of the
-19-
adoption of this chapter is subject to the conditions in Paragraph 1 and
the conditions hereinafter stated:
(a) Amortization period. The right to maintain and continue the
use of a non -con orming off -premises sign shall cease 7 years from
the date on which the sign became nonconforming. The Community
Development Director shall give notice at least 3 years before
ordering a nonconforming sign removed, and may do so during the
7 -year amortization period. Notice shall be given by certified mail
to the owner of the property on which the sign is located and to the
owner of the sign, if not the same as the property owner. The owner
of the sign shall be responsible for removing the sign or bringing
it into conformance with the requirements of this chapter;
(b) Order to remove. Upon expiration of the 7 -year amortization
pericd provided in this Section, the Community Development Director
shall order the nonconforming sign to be removed;
(c) Additional signage. No new sign or building permits will be
issued until excess signage is fully amortized or removed, whichever
occurs first.
SECTION 18. Abandoned Signs.
1. Removal of abandoned s i ons . Any sign and/or sign structure which
has been abandoned for a period of 90 days shall be removed or restored to
use within 30 days after a notice to restore or replace issued to the
owner of the sign and/or sign structure. Notice shall be given by the
Community Development Director, using certified mail. The Community
Development Director may allow an abandoned sign and/or sign structure to
remain in place, provided that the sign or sign structure is maintained in
good condition, and that there is a reasonable possibility that the sign
can be restored to use within a 1 -year period.
2. Criteria for establishing abandonment. A sign Or sign structure
shall be considered abandoned when any of the following occurs:
(a) Any copy thereon is out of date;
(b) Any business advertised thereon is no longer located at the
advertised premises;
(c) Any product or service advertised thereon i s no longer offered
on the advertised premises;
(d) The structure no longer supports a sign or the sign no longer
contains an advertising display;
(e) A sign, structure or advertising display is visibly damaged or
partially missing.
(f) The event which is being advertised has occurred.
-20-
SECTION 19. Violations.
1. Procedure for violations. Any advertising display or structure
erected or maintained, or any use of property contrary to the provisions
of this chapter, is unlawful and a public nuisance. The following
procedure applies to enforcement of the provisions of this chapter:
(a) Notice
of Violation.
In the event of a
violation of this
chapter, t
e Community
Development Director shall deliver to the
person or
persons in
violation of this
chapter a "Notice of
Violation"
ordering the
persons to comply
with the provisions of
this chapter
within 10 days of receipt of the
notice;
(b) Noncompliance; Citation. Upon failure of the persons in
violation to comply, the Community Development Director may issue to
the persons in violation, a citation to appear before the Lodi
Municipal Court and may refer the notice of the violation to the
city attorney for commencement of an action or actions for the
abatement, removal and enjcinment of such violation as a public
nuisance and the institution of a criminal action in the manner
provided by law.
2. Remedies. All remedies provided for in this chapter are
cumulative and not exclusive. The conviction and punishment of any person
under this chapter does not relieve such person from the responsibilities
of correcting conditions or removing prohibited sign displays and
structures which are in violation of this chapter.
3. Penalties. Any person violating any of the provisions of this
chapter or any applicable provisions of the Uniform Building Code is
guilty of a separate offense for each day or a portion thereof during
which a violation of any of the provisions of this chapter is committed,
continued or permitted, and upon conviction for any such violation shall
be punished by a fine of not more than $1,000, or by imprisonment for not
more than 6 months, or by both fine and imprisonment.
SECTION 20. All ordinances or parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
SECTION 21. This ordinance may be automatically amended from time to
time as deemed necessary by the city council so as not to be found
discriminatory or to deny equal protection.
SECTION 22. This ordinance shall be published one time in the "Lodi
em Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect thirty
days from and after its passage and approval.
Approved this day of
-2, -
Attest:
ALICE t�. REIMCHE
City Clerk
State of California
County of San Joaquin, ss.
EVELYN M. OLSON
MAYOR
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. was introduced at a regular meeting of the
City Council of the City of Lodi held
and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held by the following vote:
Ayes : Council Members -
Noes : Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certi f that Ordinance No. was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as t o Foml
RONALD M. STEIN
City Attorney
ORDSIGN2/TXTD.01B
-22-
LIE M. REIMCHE
City Clerk