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ORDINANCE NO. 91-30
AN ORDINANCE OF THE TOWN OF DANVILLE
ADDING SECTION 32-45 OF ARTICLE VI, DMSIONS I THROUGH 3,
TO CHAPTER XXXII; REPEALING
SECTION 32-45 OF ARTICLE VI OF CHAPTER XXXII OF THE DANVILLE
MUNICIPAL CODE, AND SECTIONS 84-44.1802 AND 84-46.1402 OF THE CONTRA
COSTA COUNTY ORDINANCE CODE, AS ADOPTED BY REFERENCE,
RELATING TO SIGNS.
THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS:
SECTION 1. REPEALING ARTICLE VI OF CHAPTER XXXII OF THE DANVILLE
MUNICIPAL CODE AND SECTIONS 84-44.1802 AND 84-46.1402 OF THE
CONTRA COSTA COUNTY CODE: Article VI of Chapter XXXII of the
Danville Municipal Code and Sections 84-44.1802 and 84-46.1402 of the
Contra Costa County Code, as adopted by reference by the Danville
Municipal Code, is hereby repealed in its entirety.
SECTION 2. ADDITION OF ARTICLE VI OF CHAPTER XXXII, SIGNS: Article VI Of
Chapter XXXII, Signs, is hereby added to the Danville Municipal Code, and
shall read as follows:
DMSION 1: GENERAL
Section: 32-45.1 General Provision
32-45.2 Purpose
32-45.3 Definition
Section 32-45.1. General Provision.
All land within the Town limits of the Town of Danville is subject to this Article.
Section 32-34.2. Purpose.
The purpose of this Article is to provide minimum standards to safeguard life,
health, property and the public welfare in keeping with the unique character of the
Town of Danville (Town) by regulating the size, height, number, location, design,
PAGE 1 OF ORDINANCE 91-30
aesthetics, construction materials, construction details, illumination, and
maintenance of all signs. The Town acknowledges the need to effectively
communicate commercial, civic, public service and other messages. At the same
time it realizes that the attractiveness of the community is an important factor in
preserving the general welfare of its citizens. Consequently, the Town has a goal
of permitting signs which are attractive in design with a complimentary blend of
colors and materials and appropriately 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 economically viable commercial enterprises.
2. Provide effective communication to identify business activities and the
nature of goods and services available.
3. Attract and direct persons to various destinations.
4. Protect property values by prohibiting signs that are incompatible with the
purpose of this ordinance.
5. Reduce hazards to motorists and pedestrians.
,_, 6. Prevent excessive and confusing signs.
7. Enhance the aesthetic and economic value of the entire community by
providing a reasonable and comprehensive system of sign control within the
general planning program and zoning provisions.
Exceptions to the sign standards herein are available through Section 32-45.7
procedures, providing that the underlying intent of the proposal is in keeping with
Community goals and policies and the intent of this Article.
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PAGE 2 OF ORDINANCE 91-30
Section 32-45.3. Definitions
In this Article, unless the context otherwise requires, the following definitions shall
apply:
1. A-frame Sign - A portable freestanding sign
capable of standing without support or
attachment.
j 2. Abandoned Sign - A sign located on property
which becomes vacant or unoccupied for three
months or more or which is obsolete because it
pertains to an occupant, service, product, activity
~ or land use which no longer exists on the site.
- 3. Anchor Tenant - A tenant of a multi-tenant
center with a minimum of 8,000 gross square
': ' feet of tenant space.
EAVE SIGN
4. Building Frontage The elevation of the
building or individual tenant space (whichever
is applicable) where there is public entrance
"" and which faces either a public street or other
public open place, such as a parking lot or
plaza.
5. Construction Sign A temporary on-site
freestanding sign which is designed and
· C)~;.~. constructed to identify a residential or
.~..~j~ .. ~.'~...~~. commercial project while it is under
construction. This sign shall not be permitted in
addition to On-site Commercial Signs or On-site
Real Estate Sign-Residential.
GROUND SIGN
6. Dilapidated Sign - A sign where elements of the
panel are visibly cracked, broken, discolored
and are otherwise not in harmony with the rest
of the surface area, or where the support
structure or frame members are visibly
corroded, bent, broken, torn or dented, or
where the message can no longer be read under
normal viewing conditions.
"'- PAGE 3 OF ORDINANCE 91-30
7. Eave Sign A sign hanging from an eave
parallel to the wall of the building to which it is
~=~ attached. The requirements for and eave sign
are the same as for a wall sign.
· ~ 8. Ground Sign - A sign independently supported
--- in a fixed location and not attached in any way
to a building or structure.
INTERNAL 9. Historic Downtown - The boundary of Historic
ILLUMINATION SIGN Downtown is shown on Exhibit A and includes
Areas 1, 2, 3 and a portion of 4.
10. Indirect Illumination - A method of sign
illumination where the source of light is not
integral to the sign housing itself, but is directed
at the sign from a distance.
'w'. 11. Internal Illumination - A method of sign
= illumination where a sign houses an internal
C-- electrical system of lighting. This type of sign
includes halo-lit and individually illuminated
~ letters. This type of illuminated sign requires
/~' ~ approval of a Master Sign Program. (Note:
Internally illuminated signs are prohibited in the
Historic Downtown - Areas 1, 2, 3 and a portion
~1~ of 4 of the Downtown Business District.)
ILLUMINTION SIGN
12. Mini-Pole Sign - Freestanding sign with a single
pole base and a projecting sign located
perpendicular to the public right-of-way. (Note:
These signs are encouraged in the Historic
-- Downtown - Areas 1, 2, 3 and a portion of 4 of
'~,,~ the Downtown Business District).
Q i
-- ,~ 13. Neighborhood Identification Sign - A sign placed
at the entry to a subdivision identifying the
name of the subdivision.
44~ .~ g 14. Neon Sign- A type of internally illuminated sign
where exposed tubing houses color forming
MINI-POLE SIGN gases for signage purposes, not including neon
used to illuminate the architectural features of a
PAGE 4 OF ORDINANCE 91-30
building where the neon tubes are not directly
visible to the public.
15. Nonaccessory Sign - An off-site sign advertising
a business, activity or promotion that is not
related to the property the sign is located on.
- - -- ~o,,~, 16. Non-illuminated Sign - A sign without internal or
__ -:~~ direct external lighting.
I [] 17. Political Sign - A sign which is intended to
-~-~-+[+ I I Ill ~ advertise support of, or opposition to, a
~ 7--~ r--1 ~D ~ 7-'~ candidate for public office or a proposition, or
a sign intended to convey a non-commercial
ROOF SIGN social, or political message.
18. Public Right-of-Way That area reserved for
public street, sidewalk and utility purposes. The
public right-of-way is usually limited to the curb-
to- curb street width plus an additional ten feet
on each side of the street reserved for sidewalk
and utilities. (Note: This standard may vary and
each situation requires verification with the
Town Engineering Division.)
19. Real Estate Signs - On-Site Real Estate Sign -
Residential: A sign which serves solely to
advertise the sale, rent or lease of a single family
'~ 7 residential property where the sign is located.
The sign is usually located out of doors or in a
place where it is visible from out of doors.
Off-site Real Estate - Open House/Directional
Sign - Residential: A sign intended to provide
SHINGLE SIGN directional information to the public regarding
the open house of a residential property. The
sign is movable, not structurally attached to the
ground, or to a building, structure, or another
sign. The sign is usually double faced (e.g. Real
Estate "Open House Sign'~.
On-site - Commercial Sign: A sign (which can
be double sided) that serves solely to advertise
PAGE 5 OF ORDINANCE 91-30
the sale, rent or lease of the commercial
premises where the sign is located, including
L investment residential properties. The sign is
. usually located out of doors or in a place where
it is visible from out of doors.
20. Roof Sign - A roof sign is a sign which is located
on a roof slope or totally above a parapet or
cave. This type of sign is a prohibited sign.
21. Shingle/Projecting Sign - A sign, other than a
wall sign, which is suspended from or
PROJECTING SIGN
supported by a bracket and which projects
outward at a perpendicular angle from the wall
to which it is attached. (Note: Often times this
sign is located under a building canopy).
22. Sign - A "Sign" shall be broadly construed to
include an advertisement, name, figure,
character, delineation, announcement,
advertising structure, device, symbol or logo
and any other thing of a similar nature designed
.--- to identify a person, business, commodity or
service or otherwise attract attention. A "Sign"
shall include outdoor advertising displays, such
TOWN , ~ a street clock, barbershop pole or similar
device used to identify a particular type of
OF ~ business activity. A "Sign" shall not include a
display of merchandise which is available for
DANVILLE ' sale on the premises, nor shall it include a sign
y, maintained entirely within a building which is
- more than three feet behind a window in the
building.
SIGN AREA
23. Sign Area - One face of a double-faced sign shall
be calculated for the entire area of a sign. If a
sign does not have a background, the area in
square feet of the smallest rectangle enclosing
the total exterior surface of a sign. If the sign is
framed or contains a background, the sign area
shall be calculated by the entire area of the sign,
including the background.
PAGE 6 OF ORDINANCE 91-30
26. Sign Height - The dimension determined by
measuring the distance between the highest
point of the actual sign face and the finished
grade directly below it.
25. Sign Rider - An attachment to an existing On-site
or Off-site Real Estate Sign advertising extra
amenities (e.g., open house, pool, number of
_~x,~x> } ~ bedrooms, lot size, etc.).
v
26. Sign Sight Triangle - A triangular area at a street
.x~'x~' comer or driveway intersection determined by
>~ the intersection of two prolonged curb lines.
SIGN SIGHT The area of the triangle is calculated from the
TRIANGLE intersection of the prolonged curb lines,
measuring 25 feet in each direction from the
comer to the hypotenuse of the triangle. The
sides of the triangle shall be 25 feet long. (Note:
~=..f~~ For a 90 degree intersection, the hypotenuse is
35 +/- feet.)
27. Street Frontage - The length of the property line
which is also the right-of-way of a public street.
..=, . E In the case where a lot faces more than one
street, the longest such frontage of the lot shall
be the street frontage.
~~~N~ 28. Subdivision Reader Boards - An off-site
subdivision sign that confoci~s with the Town-
w approved Reader Board Program. These signs
/////~ are temporary signs that direct the public to
residential subdivisions that have lots for sale.
Installation of these signs require a Sign Permit.
29. Tenant Frontage - The width of a tenant space
SUBDIVISON READER BOARDS defined by lease lines in which there is a public
access that faces either a public street or other
public open space.
30. Temporary/Promotional Sign- A ............ ~'":~:!
::i~ ............."'": ~;J...'qi~ sign intended and constructed to be
used for a limited period of time, (or as
specified in a Temporary Sign Permit). These
PAGE 7 OF ORDINANCE 91-30
· . . ..
-~ · if type of signs include, but are not limited to, A-
--- I I .
~? I I frame signs for special promotions or events,
· D banners ('located inside or ou0, window decals
' .r advertising a product, service or special
·
· promotion, decorative tlags, holiday decorations
'"%, ............ or temporary non-permanent window signs
advertising the business, a service, product,
WALl. ~ promotion, sale or event.
31. Tethered Sign - A sign which is anchored by a
rope, wire, chain or similar method (e.g. a large
· · ' · helium-filled balloon).
· . · · ' 32. Wall Sign - A sign which is erected, printed,
~ · " painted, incorporated into, suspended from or
" . . ;J~~ otherwise affixed to a wall, overhang, or
' covered walkway of a building or structure in an
· I { essentially flat position or with the exposed face
of the sign in a location parallel to the plane of
WINDOW SIGN the wall.
33. Wall area - Wall area is measured by calculating
the continuous uninterrupted wall area (not
including windows) on the elevation where a
sign is to be placed.
34. Window Sign- A !i:..~11~'""'!-:..~!:i~'"""'"':~'~--~ sign erected on a
building window or a sign located indoors and
within three feet of a window or building
opening which is clearly visible and readable
from a street or public place.
I }-
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J_ r' ] WALL AREA
PAGE 8 OF ORDINANCE 91-30
l~'"~.
DMSION 2: ADMINISTRATION AND PROCEDURES
Section: 32-45.4 Administration
~" 32-45.5 Owner's Consent
32-45.6 Permit Required
32-45.7 Exceptions
32-45.8 Exemptions
32-45.9 Prohibited Signs
32-45.10 Applications
32-45.11 Fee
32-45.12 Criteria for Review
32-45.13 Master Sign Program Permit
32-45.14 Sign Standards
32-45.15 Temporary/Promotional Signs
32-45.16 Real Estate Signs
32-45.17 Construction Signs
32-45.18 Subdivision Reader Boards
32-45.19 Sign Illumination
32-45.20 Approval
32-45.21 Denial
32-45.22 Appeal
32-45.23 Limitations
32-45.24 Revocation
32-45.25 Records
Section 32-45.4. Administration.
The Chief of Planning shall administer and enforce this Article. Each officer and
employee of the Town shall assist and cooperate with the Chief of Planning in
enforcement of this Article.
Section 32-45.5. Owner's Consent.
No sign may be placed upon a property without the consent of the property owner.
Section 32-45.6. Permits Required.
A Sign Permit provides Town review of signs for all businesses. The standards
contained in this Article are intended to be maximums. The Town may impose
more strict standards than these regulations if the proposed sign is determined to
exceed what is necessary for adequate identification.
1. A Sign Permit is required prior to placing a sign (including individual
letter signs) in the Town, unless the sign is specifically exempted
under this Article.
2. All signs not in conformance with this Article, existing upon the date
"-' of adoption of this Article, are permitted to remain in use until such
time as there is a request to change the sign or application for a new
sign permit for any sign related to the subject business. Use of
PAGE 9 OF RESOLUTION NO. 91-30
tempor,,, y/promotional signs are exempt hum this section. Sign
permits for new signs may be conditioned upon removal of existing
signs made illegal by this ordinance.
Any alteration or change of face to an existing sign is subject to the
provisions of this Article. The owner, or his assigned agent, shall
obtain a Sign Permit before making such alterations to an existing
sign. However, no permit is required for repainting a sign the same
color, cleaning or other normal maintenance or repair of a sign, as
long as the sign is not structurally modified in any manner. A
change of face for a tenant of a multi-tenant sign is permitted without
requiring the entire sign to conform with this ordinance, if the face
change is less than 51% of the total sign area. If the face change for
a multi-tent sign is greater than 51% of the total sign area, then the
sign shall be subject to Section 32-45.32 and shall be amortized over
a period of six months.
3. Signs in existence on the date of adoption of this Article which have
been granted an exception by the Town of Danville, may change a
sign face providing that the factors justifying the original exception
still pertain.
4. Prior to installation, a building permit shall be required for all signs
attached to a structure or anchored to the ground.
Section 32-45.7. Exceptions.
Upon application, the Design Review Board may grant an exception to a regulation
in this Article, or at the discretion of the Chief of Planning, the application may be
referred to the Planning Commission. An exception may be granted when the
following conditions are found to be present:
1. The proposed exception conforms as closely as practicable to the
regulations pertaining to sign size, number, and location; 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 and/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.
PAGE 10 OF RESOLUTION NO. 91-30
Section 32-45.8. L..emptions.
The following signs are exempt from obtaining a Sign Permit but shall comply with
all other regulations of this Article:
1. A sign placed by a public utility or the Town of Danville for the safety
or welfare of the public, such as a sign identifying high voltage,
underground cable or related to the construction of Town capital
improvement projects.
2. An official fire or police-related sign, or a sign required to be posted
and maintained by law or governmental order, such as a public
health warning, traffic, parking or similar regulatory device, legal
device or warning at a railroad crossing.
3. A flag or emblem of a government which is smaller than 3 x 5 feet
in size and displayed on a maximum 25' pole.
4. A bulletin board, not exceeding six square feet in area 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. A professional nameplate, street address or historic tablet sign less
than two square feet in area.
6. Informational signs such as hours of operation, "open" signs
(including neon) located inside a window less than two square feet,
directional signs, credit cards 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 where such signs do not exceed
six square feet in area and 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 special event sign advertising a community-wide event of
general interest and sponsored by a non-commercial group,
placed for 30 days or less.
c. One sign placed on a building or site designating the property
for sale or lease.
d. Open House/Directional - Residential real estate signs.
9. Changeable copy or message portion of a theater marquee or reader
'"~ board.
PAGE 11 OF RESOLUTION NO. 91-30
10. A sign p,aced on the interior of a building that can not be seen by
the general public from the exterior.
11. Holiday decorations, light and displays, placed no more than 45 days
before a holiday and removed within 10 days after the holiday,
except the Christmas Holidays where they shall be removed within
30 days after Christmas.
12. Construction and/or advisory signs installed by the Town of Danville.
13. Special event signs on the Town-installed banner poles.
Section 32-45.9. Prohibited signs.
Use of the following signs is prohibited:
1. Tethered signs
2. Signs designed, placed, or oriented for freeway exposure, except for
building frontages facing in the direction of the freeway
3. Mobile, moving, flashing or blinking signs
4. Nonaccessory signs
5. Dilapidated signs
6. Portable trailer signs
7. Signs attached to or painted on a sound wall, fence, or vehicle
J"- parked for the purpose of advertising to the public
8. Signs supported by exposed wires or cables
9. Roof signs
10. Electrified reader boards with a moving display
11. Unauthorized signs located in the public right-of-way
12. Laser signs
13. Signs painted directly on a building
14. Neon signs depicting product trademarks and names
Section 32-45.10. Applications.
A sign permit application form is filed with the Planning Division. 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(s) is to
be placed. Sign plans shall be drawn to scale and shall be clear and legible and
consistent with professional standards. The sign application shall include the
following:
1. Architectural details, site plan information and elevations of the
building in context to the project architecture.
2. The application shall include such other information, material
.--. samples, colors, attachment details or exhibits as the Planning
Division may require.
PAGE 12 OF RESOLUTION NO. 91-30
3. The app,cation shall be accompanied by; aj Aling fees and b) the
written consent of the legal owner of the property on which the sign
will be placed.
Section 32-45.11. Fee.
The fee for a Sign Permit shall be established by Town Council ordinance. The
fees are non-refundable.
If work begins without a Sign Permit, a staff investigation will be conducted and the
applicant shall pay a fee equivalent to double the usual fee (whether or not a
permit is subsequently issued).
Section 32-45.12. Criteria for Review.
The Chief of Planning shall check the application as to design, location and other
relevant factors and may require modifications in the applicant's proposal. The
following criteria shall be used in reviewing the application:
1. The sign shall be consistent in character with the Town's Commercial
Design Guidelines.
2. The sign shall be compatible with project architecture and no larger
than necessary for adequate identification.
3. Signs shall serve primarily to identify the business, establishment or
i~, type of activity conducted on the premises; or the product, service or
interest being exhibited or offered for sale, rent or lease on the
premises.
4. Shall not excessively compete for the public's attention.
5. Signs shall be harmonious with the materials, color, texture, size,
shape, height, location, and design of the project architecture; and
shall be in scale with the architectural style of the building, property
and environment of which they are a part.
6. Sign designs shall be consistent with professional graphic and
structural standards.
7. Sign illumination, where allowed by provisions in this Article, shall
be at a lowest level consistent with adequate identification and
legibility.
Section 32-45.13. Master Sign Program Permit.
The term "Master Sign Program Permit" means a sign permit 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
PAGE 13 OF RESOLUTION NO. 91-30
compatibility of signs arithin the building or complex ant, _ompatibility with the
project architecture. Each sign under a master sign program must demonstrate a
unified design theme regarding proportion and structural support, and shall
conform to the following standards:
1. Ground Signs. Project ground signs shall follow Section 32-45.14.5a
standards and are allowed in addition to the standards in this
Section.
2. Area. For multi-tenant shopping centers, the maximum square
footage allowed is .75 square feet per I linear foot of tenant frontage
for all signs. For individual freestanding buildings, the maximum
square footage allowed shall conform with the sign standards in
Section 32-45.14 of this Article.
3. Number. No more than two per tenant space shall be established,
except that three signs may be utilized for corner tenants. However,
no more than one sign shall be at the same level and oriented in the
same direction.
4. Criteria. The following criteria shall be reviewed for consistency in
a sign program.
a. Background color;
b. Size, shape and form;
'~ c. Lettering style;
d. Lettering color;
e. Location;
f. Material.
g. Lighting method
5. Letter Height. Sign lettering shall not exceed a maximum of 18" in
height; unless it can be demonstrated that the letter size is in
proportion with the project architecture, compatible with other signs
in the development and in scale with the wall area it is mounted on.
It must also be demonstrated that the sign is no larger than necessary
to be legible to the public.
6. Illumination. All lighting methods and fixtures shall be reviewed
with the sign permit.
a. Indirect Illumination. Lighting intensity shall be the minimum
required to be legible. All light sources shall be directed away
from view of the general public and appropriately screened.
PAGE 14 OF RESOLUTION NO. 91-30
b. Internal Illumination.
1) Location. Internally lighted signs are permitted for
'"' project anchor tenants and project identification signs.
No internally lighted signs are permitted in Areas 1, 2,
3, and a portion of 4 (see attached map) of the
Downtown Business District.
2) Design. Halo-lit signs and internally lighted signs with
opaque backgrounds are preferred over signs with light
colored backgrounds and dark lettering.
3) Illumination. Lighting intensity shall be the minimum
required to be legible.
4) Permit. A Master Sign Program Permit is required for
all projects with internal illumination. Sign programs
which include internal illumination may, at the
discretion of the Chief of Planning, be referred to the
Planning Commission.
5) Exceptions. Exceptions to this Section may only be
approved by the Planning Commission.
7. Approval. The "Master Sign Program Permir' shall be issued by the
Chief of Planning after Design Review Board review and approval, or
at the discretion of the Chief of Planning, the application may be
referred to the Planning Commission for consideration and action.
8. Installation. After a master sign program permit is approved, no
person shall install individual signs without first obtaining a separate
sign permit, unless the master sign permit specifically allows
administrative approval prior to issuance of a Building Permit.
9. Exception. Artistic sign programs are encouraged. However, if a
program is designed to be consistent with the architectural style of
the project, but does meet these standards, the program may be
reviewed on its own merit and shall require approval of an
Exception, per Section 32-45.8 of this Article.
PAGE 15 OF RESOLUTION NO. 91-30
Section 32-45.14. b,~n Standards.
The following standards govern sign approvals which can be acted on
administratively by the Planning Division. Applicants must complete a sign
application per Section 32.45.6 requirements. All Exceptions to these standards
shall be reviewed by the Design Review Board per Section 32.45.7 of this Article.
1. General
a. Sign Depth. All signs must have a minimum thickness of 1
1/2 inches. Window or other similar signs are exempt from
this requirement.
b. Number. No more than two signs per premise or tenant
occupancy (whichever is greater), exclusive of Ground Signs
and Temporary/Promotional Signs.
c. Placement. More than one sign may be located on the
same elevation as long as the primary visual orientation is
different.
d. Letter Height. Sign lettering shall not exceed a maximum of
18" in height, however, 10" letter height is generally assumed
to be adequate for most signs when the buildings are located
close to a street or pedestrian travelway.
~" e. Design. All signs shall be designed to be in scale with the
project design and compatible with the architectural character
of each project.
2. Wall Sign
a. Area. Maximum sign Area shall be limited to a maximum of
.75 square feet per one linear foot of building frontage or 25%
of the receiving wall area, whichever is less, up to a maximum
sign area of 75 square feet.
b. Height. The maximum height limit shall be 15 feet, measured
from finished grade to top of sign.
c. Illumination. In Areas 1, 2, 3 and a portion of 4 (see
attached map) of the Downtown Business District only indirect
illumination is permitted.
d. Design. The design of the sign shall be compatible with the
architectural style of building and shall be in proportion and
scale with the wall upon which it is mounted.
PAGE 16 OF RESOLUTION NO. 91-30
i ,
3. Awning _ .gn
a. Area. Maximum sign area shall be limited to a maximum of
.75 square feet per one linear foot of awning length or 75% of
'-' the flat vertical plane of the awning where the sign is located,
whichever is less, up to a maximum sign area of 20 square
feet per awning.
b. Number. One sign per elevation and a maximum of up to
two signs per business.
c. Height. The maximum height limit for any lettering on the
awning shall be 12 feet, measured from finished grade.
d. Location. Sign letters shall be located on a flat vertical plane
of the awning. The minimum clearance under a canopy
located over a pedestrian walkway shall be seven feet.
e. Illumination. While indirect lighting is permitted for
pedestrian walkways under the canopy of the awning,
internally illuminated canopies are prohibited.
f. Design. The design and shape of the awning shall be in scale
with the architectural style of the building.
3. Shingle Sign and Projecting Sign
a. Area. Maximum sign area shall be five square feet.
b. Height. Minimum sign clearance shall be seven feet to the
bottom of the sign. Projecting signs shall not project more
than five feet from the wall upon which they are attached.
c. Illumination. Only indirect illumination is permitted in Areas
1, 2, 3 and 4 (see attached map) of the Downtown Business
District.
d. Design. The sign shall be compatible with the architectural
style of building and shall be in proportion and scale with the
space upon which it is mounted.
4. Window Sign (Note: See Section 32.45.19.3. for Neon Signs)
a. Area. Maximum sign area shall be 25% of the contiguous
window area.
b. Design. The sign shall be compatible with the architectural
style of the building and shall be in proportion and scale with
~'" the space it is located. The sign shall be applied to the
window in a professional manner and shall be of a permanent
nature.
PAGE 17 OF RESOLUTION NO. 91-30
c. L ~ of Neon. For neon sign stare .'ds, see Section 32-
45.19.3. of this ordinance.
5. Freestanding Signs.
Freestanding signs are allowed in addition to other project signs providing
they meet the following standards;
a. Ground Sign
1) Area. The maximum sign area shall be 35 square feet
for lots with a minimum lot frontage of 125 feet. The
maximum sign area shall be 20 square feet for lots with
100-124 feet of lot frontage. The base or support
structure for the sign is not calculated as a part of the
sign area unless it is designed to form an integral
background for the display.
2) Height. Maximum height limit shall be seven feet
measured from finished grade.
3) Location. Ground Signs shall be located a minimum
of three feet from the back of the sidewalk, and
minimum two feet back from the property line,
whichever is greater. A ground sign may only be
located on a property where the primary structure is
~" setback a minimum of 20 feet from the public right-of-
way. No sign shall be located within the public right-
of-way, on a public utility easement or within the sign
sight triangle for a street or driveway.
4) Number. For single tenant buildings or projects no
more than one ground sign is allowed. These signs
are allowed in addition to the maximum number of
tenant identification signs allowed in the project.
5) Minimum Lot Width. No ground signs may be
established on lots with a minimum lot dimension of
less than 100 feet, measured at the street.
6) Message. The sign shall be limited to the address of
the premises, and either; 1) name of building complex,
or 2) the logo and/or name of a single tenant.
7) Illumination. Only indirect illumination is permitted,
unless approved under a Master Sign Program (see
Section 32-45.13).
PAGE 18 OF RESOLUTION NO. 91-30
b. ~_ _d-Pole Sign
1) Area. Maximum sign area shall be six square feet.
The base or support structure for the sign shall not be
'--' calculated as a part of the sign area unless it is
designed to form an integral background for the
display.
2) Height. Maximum height limit shall be seven feet to
the top of the support structure of the sign plus an
additional I foot for a decorative element extending
above, such as a light fixture.
3) Location. The edge of a Mini-Pole Sign shall be
located a minimum of one foot back from the sidewalk,
or one foot back from the property line, whichever is
greater. No sign shall be located within the public right-
of-way or within the sign sight triangle for a street or
driveway.
4) Number. One Mini-Pole Sign shall be allowed per
property.
5) Minimum Lot Width. No minimum lot width
required.
~' 6) Illumination. Only indirect illumination is permitted.
c. Neighborhood Identification Sign
1) Area. Maximum sign area for Neighborhood
Identification Signs shall be 35 square feet, unless the
sign structure is intended to be a focal landscape
feature, then the maximum size is subject to review and
approval by Planning Division.
2) Height. Maximum height limit shall be seven feet,
measured from finished grade.
3) Location. A Neighborhood Identification Sign may be
located on a landscape wall, but not on the
architectural soundwall of a development, if applicable.
No sign shall be located within the public right-of-way,
on a public utility easement or within the sight distance
triangle (see Subdivision Ordinance definition) for a
street or driveway.
4) Number. One Neighborhood Identification Sign shall
~" be permitted per street entrance, but no more than
three Neighborhood Identification Signs per
development.
PAGE 19 OF RESOLUTION NO. 91-30
5) Maintenance. The neighborhood identification Sign
shall be maintained in good condition by a
Homeowner's Association, or shall be subject to
correction by the Town and the cost assessed back to
the Homeowners Association.
Section 32-45.15. Temporary/Promotional Signs
Temporary/Promotional Signs are intended to be displayed for a limited period
of time, are not limited to a certain type of material and shall be non-illuminated.
The applicant shall file an application of a Temporary/Promotional Sign Permit
prior to installation.
1. General.
a. Permit. Prior to issuance of a Temporary/Promotional Sign
Permit, the applicant must have a permanent sign application
on file with the Town of Danville.
b. Duration. The time limit for display of a
Temporary/Promotional Sign for a new business shall not
exceed 60 consecutive days. Thereafter, the time limit for
Temporary/Promotional signs shall not exceed 15 consecutive
days and 45 total days per calendar year per business.
'~' c. Material. Exterior signs shall be made of a durable material
other than standard business paper.
d. Area. The sign area for Temporary/Promotional Signs shall
be calculated in addition to the permitted area allowed for
permanent tenant signs.
e. Number. A maximum of two Temporary Promotional Signs
per business is permitted at any given time.
2. Freestanding A-frame signs
a. Area. Freestanding Temporary/Promotional signs (e.g. A-
frame signs) shall be limited to five square feet.
b. Height. The maximum sign height shall not exceed 2.5 feet.
c. Location. The sign shall not obstruct a pedestrian path or be
located in the public right-of-way.
PAGE 20 OF RESOLUTION NO. 91-30
d. Message. These signs shall only be used to advertise a
'"" special promotion or event, not the name of the business.
3. Promotional Banners
a. Area. Maximum sign area shall be 20 square feet.
b. Height. Maximum height limit shall be 12 feet, measured
from finished grade.
c. Location. No two banners shall face the same direction.
d. Number. No more than one banner per lot frontage.
e. Attachment. All temporary/promotional signs shall be
properly attached to a window, wall or fence and shall not be
fixed to a roof or tree.
4. Temporary Window Signs
a. Area. Maximum sign area shall be 25% of the contiguous
window area.
b. Design. V~rmdow signs may be painted on the window or a
sign may be placed on the inside of the window facing out.
All signs shall be well designed and properly installed.
Section 32-45.16. Real Estate Signs
The following three types of Real Estate Signs are intended to be utilized when a
property is for sale and/or lease. The purpose of this section is to regulate the
size, number, location and duration of these temporary signs.
1. On-Site Real Estate Sign - Residential conditions:
a. Area. One real estate sign per premise, not to exceed six
square feet in area (including sign riders).
b. Height. The maximum height shall be six feet, measured
from grade level to top of sign.
PAGE 21 OF RESOLUTION NO. 91-30
c. Location. Signs located at the corner of a lot shall be placed
a minimum of 10 feet back from the right of way line or 10
feet back from edge of pavement (whichever is greater). All
signs shall be situated so they do not encroach into the
pedestrian walkway or obstruct the line of sight of motorists.
d. Message. Information on the sign shall be restricted to the
sale, lease or rental of the premises on which the sign is
located.
e. Period of Use. The sign shall be removed from the premises
within ten days after the property is no longer for sale, lease
or rent. For purposes of this ordinance, "Sale" shall mean the
close of escrow and "Lease/Rent" shall mean occupancy by a
tenant.
2. Off-Site Real Estate - Open House/Directional Signs - Residential
Off-site Real Estate - Open House/Directional Signs - Residential
directing public to an open house are permitted in the public right-
of-way under the following conditions:
a. Area. The signs may be double-faced and each side shall not
be more than four square feet in area.
"'" b. Height. Maximum height limit shall be three feet from grade
level to top of sign.
c. Number. Each real estate company may place only one (1)
sign per leg (direction) at any one intersection. (For example:
Only one Off-site Real Estate sign per corner per Real Estate
company shall be permitted no matter how many listings are
located in that direction.)
d. Location. Signs are permitted on major arterial/collector
intersections (see Figure 7 in the Danville 2005 General Plan),
with a maximum of eight signs per intersection at any one
time, when placed such that the sign does not encroach into
the pedestrian walkway or obstruct the line of sight of a
motorist.
Signs are permitted on secondary streets with a maximum of
four signs per intersection at any one time, when permission
from the affected property owner has been secured, if the sign
is to be placed on privately owned property.
PAGE 22 OF RESOLUTION NO. 91-30
No signs shall be allowed on fences, utility poles, sidewalks,
median strips, traffic islands, or within a travel way of a street.
~" e. Message. Sign "riders" are not allowed to be placed on any
Off-site Real Estate - Open House/Directional - Residential
sign.
f. Period of Use. Use of these signs are only permitted on one
weekday (Agent Tour Day), plus Saturdays, Sundays and
Holidays between 10:00 a.m. and sunset, provided a
representative of the real estate firm or the property owner is
present on the property at all times while such signs are
displayed. The signs must be removed after the closing of the
open house.
Use of these signs may be permitted during prohibited days
and hours when authorized through a sign permit. Examples
of use would be a special open house promotion.
g. Violations. All signs in violation are subject to seizure by the
Town of Danville. (Note: These signs will be removed and
stored at the Town Offices for a maximum of 10 days. After 10
days the Town will dispose of the sign if not claimed. Signs
may be retrieved by contacting the Community Preservation
Division and paying a $15.00 retrieval fee per sign).
3. On-site Commercial Real Estate Signs
On-site Commercial Real Estate signs are permitted for multiple
family investment property, commercial, industrial and office projects
after construction under the following conditions:
a. Area. On-site commercial signs shall meet the following
standards:
1) In the case of commercial, industrial, office or multiple
family investment properties for sale, the following sign
area standards shall apply:
a) Lots with a minimum of 125 lineal feet of street
frontage are allowed one double faced sign not
to exceed 32 sq. ft. in area for each face of the
sign. In the case of corner lots, two double
faced signs with each face not to exceed 16
square feet; or
PAGE 23 OF RESOLUTION NO. 91-30
Lots with less than 125 lineal feet of street
frontage are allowed one sign no larger than 16
sq.ft. in area or in the case of corner lots, two
double faced signs with each face not to exceed
8 sq. feet.
2) In the case of commercial, industrial, office or multiple
family investment properties for lease or rent, the
maximum sign area shall be 16 square feet.
b. Height. Wall signs shall not exceed a height limit of 15 feet
from finished grade.
Ground signs shall not exceed a height limit of 7 feet from
finished grade, unless setback a minimum of 30 feet from any
public right-of-way in such case the maximum height limit
shall be 12 feet.
c. Number. One non-illuminated sign on each street frontage
which serves solely to advertise the sale, lease or rental of the
premises where the sign is located, is permitted in
commercial, office, industrial and planned commercial
developments.
d. Location. Each sign must be situated so it does not encroach
into the pedestrian walkway or obstruct the line of sight of a
motorist.
e. Message. Information on the sign shall be limited to the sale,
lease or rental of the premises where the sign is located.
f. Period of Use. The sign shall be removed from the premises
within ten days after the property is no longer for sale, lease
or rent. For purposes of this ordinance, "Sale" shall mean the
close of escrow and "Lease/Rent" shall mean occupancy by a
tenant.
Section 32-45.17. Construction Signs.
Application for on-site temporary construction signs for subdivisions and non-
residential properties shall be permitted only when there is an application on file
with the Planning Division for the development proposal. The type, location and
number should be confirmed with the Land Use Permit for the Model Home
complex, in the case of residential development, or with the Development Plan
PAGE 24 OF RESOLUTION NO. 91-30
application in the case of non-residential development. A Sign Permit is not
required for these signs provided that they meet the following standards:
1. On-site Subdivision Construction Signs
a. Location. Signs shall be located within the boundaries of the
subdivision or the subject lot, and shall not encroach into the
public right-of-way. Signs shall be located so as not to
interfere with the sight distance triangle (see Subdivision
Ordinance definition) at road intersections and driveways.
b. Number. One sign is permitted per subdivision entrance.
For interior subdivisions without primary street frontage,
Town-approved Reader Board signs may be installed within
the public right-of-way at the nearest major intersection when
there are more than two interior subdivisions not located on
a major street. These signs may have a double width (36" x
48") sign component. (Note: All Town-approved Reader
Board signs require a sign permit, building permit and
encroachment permit approval if they are located in the public
right-of-way and shall be constructed per Town standards.)
See Section 32-45.18 for Reader Board requirements.
c. Area. Maximum sign area shall be 32 square feet.
d. Height. Maximum sign height shall be 12 feet, measured
from finished grade.
e. Additional Signs. Other temporary decorative signs, such as
flags -which are designed to attract the public's attention, shall
be subject to review and approval through a Land Use Permit
application for the subdivision's model home complex. As a
general rule, no more than two promotional flags per model
home shall be permitted.
f. Duration. Signs may be erected and maintained for a
maximum of 18 months, or until 30 days after all homes have
transferred ownership once, whichever occurs first. An
extension of the time limit may be authorized by the Chief of
Planning upon showing of good cause.
g. Permits. Signs require a Building Permit.
PAGE 25 OF RESOLUTION NO. 91-30
2. On-site Non-residential Construction Signs
a. Location. Signs shall be located within the subject property
boundaries of the construction site and shall not encroach
into the public right-of-way. Signs shall be located so as not
to interfere with the sign sight triangles at road intersections
and driveways.
b. Number. One sign shall be allowed per project.
c. Sign copy. Sign copy shall be limited to information on the
developer, architect, financial institution, future tenants and
leasing information.
d. Area. Construction sites with a minimum street frontage of
125 linear feet shall have a maximum sign area of 32 square
feet. Construction sites with a street frontage less than 125
linear feet shall a maximum construction sign area of 24
square feet.
e. Height. Maximum sign height shall be 12 feet, measured
from finished grade.
f. Additional Signs. Other temporary decorative signs, such as
flags -which are designed to attract the public's attention, shall
be subject to review and approval through a
Temporary/Promotional sign permit.
g. Duration. Signs may be erected for a maximum of one year
or until occupancy, whichever occurs first. An extension of
the time limit may be authorized by the Chief of Planning
upon showing of good cause.
h. Permits. Signs require a building permit.
Section 32-45.18. Subdivision Reader Boards.
The Subdivision Reader Board sign program was established to provide a unified
off-site sign program for advertising the sale of residential lots in subdivisions.
These signs are temporary and may be located within the public right-of-way upon
securing the appropriate permits as required in this section. These signs shall have
no illumination (either external or internal).
PAGE 26 OF RESOLUTION NO. 91-30
1. Location: The signs may be installed within the public right-of-way,
generally situated 5'+/- behind the face of curb, unless otherwise
regulated through the sign permit. All signs shall be located so that
they do not interfere with sight distance for motorists, pedestrians
and bicycle riders. Signs shall be located a minimum of 60 feet from
an intersection. (Note: If this structure causes interference with
future landscape installation within the right-of-way, the structure
shall be relocated at the applicant's expense to a location approved
by the Town of Danville.)
2. Sign Copy: The sign copy for each individual sign component shall
only advertize the name and directions to the subdivision.
3. Area. The size and design of the sign shall conform with Town-
approved design standards contained in Exhibit B of this Article. The
overall area of a single width sign shall not exceed 36 sq. ft. Each
sign component shall be 18" x 48".
4. Height. The maximum height of the sign shall not exceed 9'10"
measured from finished grade.
5. Insurance: Proof of comprehensive general liability insurance of at
least $1,000,000.00 is required. The Town, it's officers, agents, and
'~'~ employees shall be named as additional insured. Proof of insurance
is required prior to issuance of a building permit.
6. Permits: An administrative sign permit from the Planning Division,
a building permit from the Town of Danville Building Department
and an encroachment permit from the Engineering Division shall be
secured prior to construction of the sign structure. Each 18" x 48"
Reader Board component shall also secure administrative approval
by the Planning Division prior to installation.
7. Maintenance: The applicant shall maintain the sign structure and
the area surrounding the sign in good condition and free of debris
and weeds.
8. Duration: The sign structures shall be removed at the time that the
last unit of a subdivision has been sold or when the last Subdivision
Reader Board sign component has been removed from the structure.
Removal of the entire structure shall incur no later than 30 days after
the last Subdivision Reader Board component insert has been
removed from the structure.
PAGE 27 OF RESOLUTION NO. 91-30
Individual Subdivision Reader Board components shall be utilized for
a period not to exceed eighteen (18) months from the date of
installation or until (30) days after the sale of the last unit in the
subdivision, whichever occurs first. The time period shall start from
the date of administrative approval for the individual Reader Board
component. Extensions of these time limits may be approved by the
Chief of Planning.
9. Surety Bond: A security (cash, bond, certificate of deposit, or letter
of credit) shall be posted in the amount of $500 as a guarantee for
the removal of each sign structure prior to the issuance of a building
permit.
Section 32-45.19. Sign Illumination.
1. Indirectly Illuminated Signs.
a. Illumination. Lighting intensity shall be the minimum
required to be legible.
b. Location. All light sources shall be directed away from view
of the general public and appropriately screened.
2. Internally Illuminated Signs. The standards applicable to
internally illuminated signs are contained in Section 32-45.13 (Master
Sign Program).
3. Neon.
a. Area. If the neon sign depicts the name of the business, the
sign area is calculated towards the allowable window sign area
(see Section 32-45.14.4.) for the business.
b. Design. Only artistically designed neon signs will be
considered. These signs may include artistic symbolism or
unique lettering styles.
c. Number. Only one neon sign per street frontage per
business may be utilized. If the sign is only an artistic
expression, then the sign is allowed in addition to the
maximum number of signs permitted.
d. Message. The design shall include only the name of the
business or symbolize the activities of the business, but shall
PAGE 28 OF RESOLUTION NO. 91-30
not include product trademarks or names.
e. Location. Neon signs shall only be located on the interior of
windows. No exterior neon signs are permitted.
f. Illumination. Lighting intensity shall be the minimum
required to be legible.
g. Permit. All neon signs require review and approval by the
Design Review Board prior to installation.
Section 32-45.20. Approval.
If the sign complies with the intent of this Article, the Chief of Planning may
approve the application, or approve it subject to conditions. The applicant must
then apply 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 the
appropriate permits are issued. The Chief of Planning or Design Review Board
may refer an application to the Planning Commission for consideration and action.
Section 32-45.21. Denial.
The Chief of Planning or Design Review Board may deny a permit if the application
submittal has not complied with this Article. The Chief of Planning shall send
written notice to the applicant within 10 days of the denial stating the reasons for
denial.
Section 32-45.22. Appeal.
A person aggrieved or affected by an action of the Chief of Planning or the Design
Review Board may appeal the action under Section 30-11 of the Danville Municipal
Code, which incorporates by reference Sections 26-2.2402 through 26-2.2410 of
the Contra Costa County Code. The appellant must file a written notice of appeal,
with the appropriate appeal fee, and set forth specific grounds for the appeal. Said
appeal must be filed with the Chief of Planning within 10 days of action on the
application. In an appeal, the appellant has the burden of proof.
Section 32-45.23. Limitations.
A Sign Permit issued by the Town under this Article expires if the work authorized
by the permit is not started within 90 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 a sign permit is filed
PAGE 29 OF RESOLUTION NO. 91-30
in conjunction with a Development Plan or other land use entitlement, the sign
permit is valid until the development plan or land use entitlement expires. If the
Sign Permit expired, the applicant must renew the Sign 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 32-45.24. Revocation.
The Chief of Planning may suspend or revoke a permit issued under this Article
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 of the Contra
Costa County Code, as adopted by reference by Section 30-1.1 of the Danville
Municipal Code. The procedures for revocation of a sign permit are those set
forth in Sections 26-2.2024 through 26-2.2030 of the Contra Costa County Code,
as adopted by reference by Section 30-1.1 of the Danville Municipal Code.
Section 32-45.25. Records.
The Chief of Planning shall maintain a record of each sign permit issued.
DMSION 3: ENFORCEMENT REGULATIONS
'~'" Section: 32-45.26 General
32-45.27 Violation is an Infraction
32-45.28 Violation - Nuisance
32-45.29 Abatement
32-45.30 Inspection
32-45.31 Maintenance
32-45.32 Non-conforming signs
32-45.33 Remedies Not Exclusive
Section 32-45.26. General.
These sign regulations shall be in effect as of the effective date of this Article except
that:
1. In case of a conflict between sign regulations contained in this
ordinance, the stricter regulation applies.
2. In the case of conflict between this Article and other sign regulations
in the Municipal Code, these regulations shall apply.
PAGE 30 OF RESOLUTION NO. 91-30
Section 32-45.27. Violation is an Infraction.
A person who violates this Article is guilty of an infraction under Chapter 1, Section
1-5.1 and 1-5.2 of the Danville Municipal Code.
Section 32-45.28. Violation - Nuisance.
A sign or sign structure placed or maintained contrary to this Article is a public
nuisance.
Section 32-45.29. Abatement.
A sign or sign structure placed or maintained contrary to this Article after approval
of this ordinance 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 or abatement shall be a lien
against the property and a personal obligation against the property
owner. The abatement procedure is that set forth in Chapter 1,
Section 1-5.1 and 1-5.2 of the Danville Municipal 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 and 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 32-45.30. Inspection.
The Chief of Planning may make such inspections as may be necessary to ascertain
whether a sign conforms to this Article.
Section 32-45.31. 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
PAGE 31 OF RESOLUTION NO. 91-30
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 32-45.24 and remove the sign under Section 32-45.29 of this
Article.
Section 32-45.32. Non-conforming signs.
A sign lawfully placed before the effective date of this Article which does not
conform to this Article is a non-conforming sign. Non-conforming signs
established before and after adoption of this Article shall be subject to the
following regulations.
A non-conforming sign which is abandoned, altered, reconstructed in a manner
inconsistent with this Article or moved must comply with this Article or be subject
to abatement under Section 32-45.29.
1. Inventory and Identification of Illegal or Abandoned Signs
The Town shall commence an inventory of all existing signs within
six months from the date of the adoption of this Article.
2. Removal of Signs Without Compensation
If any the following actions result in non-conformance with this
Article, the Town may elect to require the removal without
compensation of any sign which meets the following criteria after
notice and hearing pursuant to Chapter 2.6 of Division 3 of the
California Business and Professions Code is given:
a. Any sign erected without first complying with all ordinances
and regulations in effect at the time of its construction and
erection or use.
b. Any sign which was lawfully erected anywhere in the Town,
but whose use has ceased, or the structure upon which the
display has been abandoned by its owner, for a period of not
less than 90 days. Costs incurred in removing the abandoned
sign may be charged to the legal owner.
c. Any sign that has been more than 50 percent destroyed, and
the destruction is other than facial copy replacement, and
cannot be repaired within 30 days from the date of its
destruction.
PAGE 32 OF RESOLUTION NO. 91-30
d. If an owner requests permission to remodel a building and
remodels a sign (outside of a change in copy).
e. If an owner obtains a permit to expand or enlarge the
building or land use upon which the sign is located, and the
sign is affected by the construction, enlargement, or
remodeling.
f. The cost of construction, enlargement, or remodeling of the
sign exceeds 50 percent of the cost of reconstruction of the
building.
g. Any sign whose owner seeks relocation inconsistent with this
ordinance and relocates the sign. The Town is not liable for
relocation costs if the Town requires the relocation.
h. Any sign for which there has been an agreement between the
sign owner and the Town, for its removal as of any given date.
i. Any sign which is temporary.
j. Any sign which is or may become a danger to the public or is
unsafe.
k. Any sign which constitutes a traffic hazard not crated by
relocation of streets or highways or by acts of the Town,
County, or State.
1. Upon approval of a Conditional Use Permit, Development Plan
or other similar entitlement where the gross square footage of
the building is increased greater than 50%, all non-conforming
signs shall be modified and/or removed prior to issuance of
a building permit for the entitlement.
3. Removal Following Amortization or Payment of lust and Fair
Compensation for Non-Conforming Signs
a. The Town may, require the removal of a non-conforming sign
without compensation to the sign's owner, upon the
expiration of a reasonable amortization period, per the
requirements of Section 32-45.6.2. For purposes of this
Section, a reasonable amortization period is hereby deemed
to be six months from the date written notice requiring the
removal of the non-conforming sign is given by the Town to
PAGE 33 OF RESOLUTION NO. 91-30
the sign's owner, provided that such amortization period may
be extended by the Town or up to an additional two years,
upon a demonstration of good cause by the owner of the sign.
b. As an alternative to the amortization procedure set forth
above, the Town may elect to require the removal of a non-
conforming sign at any time following payment by the Town
of the fair market value of the sign. "Fair Market Value" for
purposes of this Section shall mean, and shall be calculated by
adding, the actual cost of removing the sign (including the
cost of repair of physical damage to the real property or
improvements to which the sign was affixed, directly caused
by such removal) and the in-place depreciated value of such
sign.
4. General Provisions
A nonconforming sign may not be:
a. Changed to another nonconforming sign;
b. Structurally altered so as to extend beyond its useful life;
c. Expanded; or,
d. Relocated.
5. Exceptions
Exceptions to the provisions of this Section may be granted by the
Town Council upon application of any sign owner who presents
substantial evidence showing that the sign conforms to Section 32-
45.7 Exceptions of this Article.
Section 32-45.33. Remedies Not Exclusive.
The remedies in this Article are not exclusive. The Town may rely on any remedy
authorized by law.
SECTION 3. SEVERABILITY.
SEVERABILITY. The Town Council hereby declares that every section, paragraph,
clause and phrase are severable. If any section, paragraph, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional,
PAGE 34 OF RESOLUTION NO. 91-30
such invalidity or unconstitutionality shall not affect the validity or constitutionality
of the remaining sections, paragraphs, sentences, clauses or phrases.
SECTION 4. CODIFICATION.
CODIFICATION. Sections Two and Three shall be codified in the Danville
Municipal Code. Sections One and Four shall NOT be codified in the Danville
Municipal Code.
The foregoing Ordinance was first read and introduced on February 18, 1992 and
approved and adopted by the Danville Town Council at a Regular Meeting on March 3,
1992, by the following vote:
AYES: Lane, Greenberg, Doyle, Ritchey, Shimansky
NOES: None
ABSTAINED: None
ABSENT: None
~ APPROVED AS TO FORM: ATTEST:
ORNEY CITY CLERK
signord.fin
PAGE 35 OF RESOLUTION NO. 91-30