Loading...
HomeMy WebLinkAbout116-87~J BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: ) ) Adding Chapter 70 to Title 8 ) ORDINANCE NO. 116 of the Municipal Code Relating ) To Sign Control ) ) The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 70, Sign Control, comprised of Section 8-7001 through 8-7058, is added to Title 8 (Planning and Land Use) of the Municipal to read: "Chapter 70 SIGN CONTROL Article 1 General Section: 8-7001 General Provision 8-7002 Purpose 8-7003 Definition Article 2 Procedures and Administration Section: 8-7011 Administration 8-7012 Owner's Consent 8-7013 Permit Required 8-7014 Master Sign Permit 8-7015 Exemptions 8-7016 Applications 8-7017 Fee 8-7018 Criteria for Review 8-7019 Approval 8-7020 Denial 8-7021 Appeal 8-7022 Exceptions 8-7023 Limitations 8-7024 Revocation 8-7025 Records Article 3 Regulations Section: 8-7031 General Article 4 (reserved) Article 5 Enforcement Section: 8-7051 Violation is an Infraction 8-7052 Violation - Nuisance 8-7053 Abatement PAGE 1 OF ORDINANCE NO. 116 8-7054 Inspection 8-7055 Maintenance 8-7056 Non-conforming Signs 8-7057 (reserved) 8-7058 Remedies Not Exclusive ARTICLE 1 GENERAL Section: 8-7001 General Provision 8-7002 Purpose 8-7003 Definition Section 8-7001. General Provision. All land within the town limits of the Town of Danville is subject to this chapter. Section 8-7012. Purpose. The purpose of this chapter is to provide minimum standards to safeguard life, health, property and the public welfare in keeping with the unique character of the town by regulating the size, height, design, quality of materials, construction, location, electrification and maintenance of all exterior signs and sign structures and all interior signs up to three feet behind an exterior window if the sign is visible from the exterior. The town acknowledges the need to communicate commer- cial, civic, public service and other messages. At the same time, it realizes that the attractiveness of the community is an important factor of the general welfare of its citizens. Consequently, the town has as its goal permitting signs which are attractive in design with a blend of colors and materials and placed on the building or site so that they compliment the business and the community. These sign regulations are established to: 1. promote and maintain healthy commercial centers; 2. provide effective communication as to the nature of goods and services available; 3. attract and direct persons to various activities; 4. protect property values by prohibiting incompatible signs; 5. reduce hazards to motorists and pedestrians; PAGE 2 OF ORDINANCE NO. 116 6. prevent excessive and confusing signs; and 7. enhance the aesthetic and economic value of the entire community by providing a reasonable and comprehensive system of control of signs within the general planning program and zoning provisions. Section 8-7003. Definitions. In this chapter unless the context otherwise requires: 1. "Abandoned sign" is a sign located on property which becomes vacant or unoccupied for three months or more or which is obsolete because it pertains to an occu- pant, service, product, activity or land use which no longer exists on the site; 2. "To place". The verb "to place" and any of its variants includes the maintaining and the erecting, construction, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible a sign. It does not include any of the foregoing activities when performed incident to the customary maintenance of a sign or to the change of message on a reader board; 3. "Sign" shall be broadly construed to include an advertisement, name, figure, character, delineation, announcement, advertising structure, device, symbol or any other thing of a similar nature designed to identify a person, business, commodity or service or otherwise attract attention. "Sign" includes an outdoor advertising display and outdoor structure, street clock, barbershop pole or similar device used to identify a particular type of business activity. "Sign" does not include a display of merchandise which is available for sale on the premises, nor does it include a sign maintained entirely within a building which is more than three feet behind a window in the building. ARTICLE 2 ADMINISTRATION AND PROCEDURES Section: 8-7011 Administration 8-7012 Owner's Consent 8-7013 Permit Required 8-7014 Master Sign Permit 8-7015 Exemptions 8-7016 Applications 8-7017 Fee 8-7018 Criteria For Review PAGE 3 OF ORDINANCE NO. 116 8-7019 Approval 8-7020 Denial 8-7021 Appeal 8-7022 Exceptions 8-7023 Limitations 8-7024 Revocation 8-7025 Records Section 8-7011. Administration. The chief of planning shall administer and enforce this chapter. Each officer and employee of the town shall assist and cooperate with the chief of planning in enforcing this chapter. Section 8-7012. Owner's Consent. No sign may be placed upon a property without the consent of the property owner. Section 8-7013. Permit Required. No person may place a sign in the town without first obtaining a sign permit unless the sign is specifically exempted under this chapter. The permittee shall affix the permit number to the sign so it is readily visible by town inspectors. An alteration to an existing sign is considered to be a new sign and is subject to this chapter. The owner shall obtain a permit for the sign before making alterations. However, no permit is required for the repainting, cleaning or other normal maintenance or repair of a sign so long as the sign is not modified in any manner. Section 8-7014. Master Sign Proqram Permit. The term "Master Sign Program Permit" means a permit issued by the planning commission to allow the owner or occupants of an individual building or group of buildings having a common architectural style (including shopping centers) to develop a comprehensive sign program for the complex. The intent of the master sign program is to ensure the compatibility of signs within the building or complex. Each sign under a master sign program must demonstrate a unified design theme regarding size, location, color, material, letter, style, shape, placement and structural support. After a master sign program permit is approved, no person may install an individual sign without first obtaining a separate sign permit. PAGE 4 OF ORDINANCE NO. 116 Section 8-7015. Exemptions. The following signs are exempt from a permit but shall comply with all other regulations of this chapter: 1. a sign placed by a public utility for the safety or welfare of the public, such as a sign identifying high voltage or underground cable; 2. an official fire or police-related sign or a sign required to be posted and maintained by law or govern- mental order such as a traffic, parking or similar regulatory device, legal device or warning at a railroad crossing; 3. a flag or emblem of a government smaller than 3 x 5 feet; 4. a bulletin board, not exceeding six square feet and six feet in height, on the site of an educational or religious institution relating to an activity conducted at or sponsored by the institution; 5. an identification sign less than two square feet in area, such as a professional nameplate, street address or historic tablet; 6. informational signs such as hours of operation, credit card honored or membership in civic, business or professional organizations. Such signs, or group of signs, may not exceed a total of four square feet in area at an individual establishment; 7. a barber pole sign not exceeding three feet in height; 8. any of the following temporary signs not exceeding six square feet in area or six feet in height. These signs may not be placed in the public right of way. a. a political sign, provided it is removed within 10 days after the election; b. a promotional sign such as, but not limited to, grand opening or sale, placed for 30 days or less; c. a special event sign advertising a community-wide event of general interest and sponsored by a non- commercial group, placed for 30 days or less; d. a single sign placed on a building or site PAGE 5 OF ORDINANCE NO. 116 designating the property for sale or lease; 9. changeable copy or message portion of a theater marquee or reader board; 10. a sign placed on the interior of a building not intended to be seen by the general public from the exterior; 11. holiday decorations, lights and displays, placed no more than 45 days before a holiday and removed within 10 days after the holiday. Section 8-7016. Applications. An application for a sign permit must be in writing and filed with the planning department. The application shall contain the name, address and telephone number of the applicant and the location of the building, structure or property on which the proposed sign is to be placed. The application shall include such other information or exhibits as the planning department requires on a form prescribed by it. The application must be accompanied by (1) the filing fee and (2) the written consent of the legal owner of the property on which the sign will be placed. Section 8-7017. Fee. The fee for a sign permit shall be in an amount established by town council resolution. The fee is non-refundable. If work begins without a sign permit, a staff investigation is required and the applicant shall pay a fee equivalent to double the usual fee (whether or not a permit is subsequently issued). Section 8-7018. Criteria for Review. The chief of planning shall check the application as to design, location and other relevant factors and may recommend modifications in the applicant's proposal. The following criteria shall be used in reviewing the application: 1. the sign shall be restrained in character and no larger than necessary for adequate identification; 2. signs shall serve primarily to identify the business, establishment or type of activity conducted on the premises, or the product, service or interest being PAGE 6 OF ORDINANCE NO. 116 exhibited or offered for sale, rent or lease on the premises; 3. signs shall not excessively compete for the public's attention; 4. signs shall be harmonious with the materials, color, texture, size, shape, height, location and design of the building, property or environment of which they are a part; 5. sign designs shall be consistent with professional graphic standards; 6. sign illumination, where allowed by provisions in this chapter, shall be at the lowest level consistent with adequate identification and readability. Section 8-7019. APproval. If the sign complies with the intent of this chapter, the chief of planning may approve the application, or approve it subject to conditions, and forward a copy to the building department for review and determination of compliance with the building code. The applicant is responsible for obtaining such building, electrical or other permits as are required and shall not install the sign until those appropriate permits are issued. The chief of planning may refer an application to the planning commission. Section 8-7020. Denial. The chief of planning may deny a permit if the applicant has not complied with this chapter. The chief of planning must send written notice to the applicant within 10 days of the denial stating the reasons. Section 8-7021. Appeal. A person aggrieved or affected by an action of the chief of planning may appeal the action under sections 26-2.2404--26- 2.2410 of the County Ordinance Code or the successor provisions in the Municipal Code. The appellant must file a written notice of appeal setting forth specific grounds for the appeal with the town clerk within 10 days after the determination of the chief of planning. In an appeal, the appellant has the burden of proof. PAGE 7 OF ORDINANCE NO. 116 Section 8-7022. Exceptions. Upon application, the planning commission may grant an exception to a regulation in this chapter if it finds that: 1. the proposed exception conforms as closely as practi- cable to the sign size, number and placement regula- tions; and 2. the proposed exception is not inconsistent with the intent and purpose of the sign regulations; and 3. either: (a) strict adherence to the sign regulations does not allow adequate identification of the site because of the site's location or configuration, or because the proposed business or use is obscured from view by adjacent buildings or vegetation; or (b) 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. Section 8-7023. Limitations. A sign permit issued by the town under this chapter expires if the work authorized by the permit is not started within 60 days from the date of the permit, or if the building or work authorized by the permit is suspended or abandoned for a period of 60 consecutive days after the beginning of work. If the permit expires, the applicant must renew the permit before beginning work. The fee for the renewed permit shall be one-half of the amount required for a permit, if no changes have been made in the original plans and specifications and if the suspension or abandonment has not exceeded 180 days. Section 8-7024. Revocation. The chief of planning may suspend or revoke a permit issued under this chapter whenever the permit is issued on the basis of a misstatement or omission of material fact or fraud or for any reason listed in section 26-2.2022. The procedures for revoca- tion of a sign permit are those set forth in sections 26-2.2024 through 26-2.2030 of the County Ordinance Code. Section 8-7025. Records. The chief of planning shall maintain a record of each sign PAGE 8 OF ORDINANCE NO. 116 permit issued. ARTICLE 3 - REGULATIONS Section: 8-7031 General Section 8-7031. General. The sign regulations in County Ordinance Code Divisions 82, 84 and 88 (previously adopted by the town by reference) continue in effect and are incorporated here unless repealed, except that: 1. a sign permit is required for each sign unless the sign is exempt under this chapter; 2. the enforcement provisions in Article 5 of this chapter shall apply to Divisions 82.84 and 88 and shall supercede similar provisions in those divisions; and 3. in case of a conflict between sign regulations, the stricter regulation applies. ARTICLE 4 (RESERVED) ARTICLE 5 - ENFORCEMENT Section: 8-7051 Violation is an Infraction 8-7052 Violation - Nuisance 8-7053 Abatement 8-7054 Inspection 8-7055 Maintenance 8-7056 Non-conforming signs 8-7057 (reserved) 8-7058 Remedies Not Exclusive Section 8-7051. Violation is an Infraction. A person who violates this chapter is guilty of an in- fraction under sections 1-301 and 1-302. Section 8-7052. Violation - Nuisance. A sign or sign structure placed or maintained contrary to this chapter is a public nuisance. Section 8-7053. Abatement. A sign or sign structure placed or maintained contrary to PAGE 9 OF ORDINANCE NO. 116 this chapter may be abated as follows: 1. A sign placed which is illegal, prohibited or which imperils the safety of people or property, or an obsolete or abandoned sign is subject to removal by the owner and, upon the owner's failure to do so, by the town. 2. A sign may be abated and the expense of abatement shall be a lien against the property and a personal obliga- tion against the property owner. The abatement procedure is that set forth in Title 1, Chapter 5 (sections 1-501 through 1-513) of this code. 3. Each person who places a sign which is subject to removal under subparagraphs 1 or 2 is jointly and severally liable for the cost of removal. The town has a lien upon the sign for the cost of removal and may keep possession of the sign until the owner redeems it by paying to the town the cost of removal. The town may dispose of the sign 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 fails to do so, the town will dispose of the sign as it sees fit without further liability to the owner for this action. Section 8-7054. Inspection. The chief of planning may make such inspections as may be necessary to ascertain whether a sign conforms to this chapter. Section 8-7055. Maintenance. No person may maintain or permit to be maintained on a premises owned or controlled by him, a sign or sign structure which is unsafe, dilapidated or in disrepair. If such a sign exists, the town shall give written notice of the fact to the property owner and the person responsible for the sign. If the sign is not repaired within the time specified in the notice, the chief of planning may revoke the sign permit under section 8-7024 and remove the sign under section 8-7053. Section 8-7056. Non-conforming signs. A sign lawfully placed before the effective date of this chapter which does not conform to this chapter is a non-conform- ing sign. A non-conforming sign which is abandoned, altered, recon- structed or moved must comply with this chapter or be subject to PAGE 10 OF ORDINANCE NO. 116 abatement under section 8-7053. Section 8-7057. (reserved) Section 8-7058. Remedies Not Exclusive. The remedies in this chapter are not exclusive. The town may rely on any remedy authorized by law." SECTION 2. The following chapters of the Contra Costa County Code previously adopted are repealed: 88-6.1402, 88-8.12, 88- 8.2202, 88-8.2602, 88-8.2604, 88-8.2612, 88-9.434, 88-9.604, 88- 9.828, 88-9.1006, 88-9.1202, 88-9.1204, and 88-9.1220. SECTION 3. Effective Date. This ordinance shall become effective thirty (30) days after adoption. SECTION 4. Publication. The town clerk shall either a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after adoption. The foregoing ordinance was introduced at a meeting of the Town Council of the Town of Danville held on May 4 1987, and was adopted and ordered published at a meeting of the Council held on May 18 , 1987, by the following vote: AYES: Kennett, Lane, McNeely, 0ffenhartz, Schlendorf NOES: None ABSENT: None ATTEST: TOWN CLER~ PAGE 11 OF ORDINANCE NO. 116