HomeMy WebLinkAbout1963-06-18; City Council; 8038; Ord 8020 repeal - Signs, permits, fees, USC, violationsI1 I
1
2
3
4
5
6
71
8
9
10
11
12
13
3.4
15
16
17
18
19
ORDINANCE NO. 8038
AN ORDINANCE OF THE CITY OF CARLSBAD, PEALING ORDINANCE NO. 8020 OF THE CITY OF
CARLSBAD; REGULATING SIGNS IN THE CITY OF
CARLSBAD; PROVIDING FOR THE ISSUANCE OF
SIGN PERMITS AND FIXING THE FEES THEREFOR; ADOPTIl% BY REFERENCE THE 1961 EDITION OF
THE UNIFORM SIGN CODE; PROVIDING PENALTIES
AND REMEDIES FOR VIOLATIONS; AND REPEALING
RE-
AND PARTS OF ORDINANCES
The City Council of the City of Carlsbad does ordain as follows:
SECTION 1. SHORT TITLE
and cited as the "Sign Ordinance".
This ordinance shall hereafter be known
SECTION 2. PURPOSE. The purpose of this ordinance is to provide I
for the regulation of all signs which are publicly displayed in the City of
Carlsbad.
tion against fire, and the enhancement of the outward appearance of the com-
It is recognized that the safety of pedestrians and vehicles, protec-
munity are important factors in the general welfare of the people, and that I
accordingly reasonable control of such signs by ordinance is in the public
inte
SECTION 3. SCOPE, Where this ordinance is inconsistent with other
ordinances of the City of Carlsbad, the provisions of this ordinance shall con-
21
22
23
24
25
26
27
28
29
30
SECTION 4. UNIFORM SIGN CODE ADOPTED BY REFERENCE.
The rules, regulations, and provisions for design, quality of materials, con-
struction, location, electrification, and maintenance of all signs and sign
structures not located within a building have been printed as a code in book
form by the International Conference of Building Officials, Los hgeles, Cali-
fornia, consisting of one volume of 16 pages, being entitled "Uniform Sign Code,
1961 Edition'*, not less than three {3) copies, all certified to be true copies by
the City Clerk of the City of Carlsbad, having been for at least fifteen (15) days
precedin the public hearing on this ordinance, and contjnuously since, and are
new, and shall be kept on file in the office of the City Clerk of the City of
I
Uniform Sign Code, I1
311
1961 Edition" for all the rules,
Carlsbad for public inspection thereof, reference being hersby made to said
regulations, and 32 1
I I i
L' *,+ J. -* .-$- - *r, .'- .
1
2
3
4
5
6
7
8
9
10
11
12
3.3
3.4
95
LE
17
If
1s
2c
21
2:
.2 :
24
2E
2E
27
2€
2s
3c
33
3:
m
therein shown, and said rules, regulations, and provisions in said "Uniform
Sign Code, 1961 Editionrr are and each is hereby adopted by reference and made
a part hereof, the same as if fully set forth in this ordinance, and are and each
is by such reference adopted as sections of this ordinance, bearing the same
numerical designations as appear in same Uniform Sign Code, and PROVIDED
FURTHER that whenever the- words "Building Official'' are used in said Uniforn
Sign Code, said words shall be held to refer to the "Buildhg Inspector'* of the
City of Carlsbad; and PROVIDXD FURTHER that the Board of Appeals so
mentioned in same Uniform Sign Code shall be held to refer to the "City
Planning Commission".
SECTION 5. DEFINITIONS. For the purposes of this ordinance, certain
terms are defined.
SECTION 5.J.- SIGN ARE& A sign area is the net geometric area of
a sign, including borders and solid background and excluding ornamental cover -
ing for structural supports or building walls.
shall be considered in determining the sign area, provided both faces are
parallel. Where the sign consists of individual letters or symbols, the sign
area shall be considered to be that of the smallest rectangle which can be
drawn to encompass all of the letters or symbols.
One face of a double faced sign
SECTION 5.2. SIGN. "Sign" shall mean any device or display, intended
or used for visual communication for the purpose of bringing the subject thereoj
to the attention of the public. The term includes any and all lettering, wording,
designs or symbols applied or attached to any exterior part of any building,
structure, or natural object, or placed upon or attached to the ground; and
all parts, portions, units and materials of which it is composed, together with
the frame, background, supports and anchorage thereof.
(a) No such device or display which is entirely inside a
-
building, or in the display space of a lawful show window, unless
actually affixed to the window pane, shall be considered to be a
sign as the term is used in this ordinance.
(b) No official public notice, or notice posted by any public
officer in the performance of his duty, shall be considered to be
-2 -
a sign as the term is used in this ordinance, and nothing in this IJ
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1'7'
18
l9
2o
21
22
ordinance shall be held to interfere with or regulate such notices.
I
! SECTION 5. 3. CLEARANCE, "ClearancerF shall mean the least vertical
1 distance between the established sidewalk elevation beneath any sign and the
lowest part of the sign which projects over such sidewalk area. Where no
projection over a sidewalk is involved, the term shall refer to the least vertical
distance between the ground and the lowest part of the sign proper, exclusive
of supporting posts or braces. 1
to erect, alter, relocate or maintain any sign within the City of Carlsbad with- i 1 i
SECTION 6. PERMITS REQUIRED, Except as otherwise provided
herein for specific types of signs, it shall be unlawful for any person hereafter
f
out first obtaining a sign permit from the Building Inspector and making paymen
of the required fee or fees.
SECTION 6.1. It shall be the
duty of the Building Inspector, upon the filing of an application for a sign permit,.
in proper order, to examine such plans and specifications and other data and
the premises upon which it is proposed to erect the sign, If it shall appear
that the proposed sign is in compliance with the requirements of this ordinance,
and the Building Code, Electrical Code, Zoning Ordinance, and all other
applicable laws and ordinances, he shall then approve the application and upon
payment of the fee specified, issue a sign permit for such sign; otherwise he I
shall disapprove the application. 1
.2 3
24
25
SECTION 6. 2. FEES, Every applicant for a sign permit shall, before -
such permit is issued, pay a permit fee, based upon the cost of such sign as
follows: ,
Total Valuation 26
27
28
29
30
31
32
Each additional $1,000.00 or fraction to and including
Each additional $1,000.00 or fraction to and including $50,500.00
$100,500.00
Less than $20.00 More than $20.00 to and including $100.00
More than $100.00 to and including $400.00 More than $400.00 to and including $700.00
More than $700.00 to and including $1,500.00 Each additional $1, 000. 00 or fraction to and including
$25,500.00
Each additional $1, 000. 00 or fraction bver-.$lQQ, 50j0, 00
Fee.
$ No Fee
-
2.50
4.00
7. 00
9.00
4.50
3.75
2.75
1. 50
-3-
.. ..
I
2
1 c
4
5:
E
7
E
s
1c
11
1:
1:
1L
1:
If
1'
1t
1:
2(
2:
2:
.2;
21
2!
2(
2'
2t
2:
3(
3:
3:
e
The determination of value or valuation under any of the provisions of
this ordinance shall be made by the Building Inspector.
Wherework for which a permit is required by this ordinance is started or
proceeded with prior to obtaining said permit, the fees above specified shall be
doubled, but the payment of such double fee shall not relieve any person or
persons from fully complying with the requirements of this ordinance in the
execution of the work nor from any other penalties prescribed herein.
1a6t be required for issuance of pern&s €or buildings erected
or remodeled €or and ned by the United States of America, State of California
County of San Diego, City of Carlsbad, Carlsbad Union School District, Qceansj
Carlsbad Union High School District, or any other political subdivision of the
State of California.
SECTION 6.3. RZVOCABILITY OF PERMITS, The Building Inspector
shall revoke any permit issued by him upon refusal of the holder thereof to
comply with the provisions of this ordinance. If the work authorized under a
sign permit has not been completed within six (6) months after the date of
issuance, such permit shall become null and void.
SECTION 7. GENERAL PROVISIONS. No sign shall hereafter be
place upon any private property in the City of Carlsbad without the express per-
mission of the occupant, owner, lessee or an authorized agent thereof, nor
unless a permit for such sign, if required by this ordinance, has been duly
is sued.
(a) No person shall erect, paste, print, nail or otherwise
affix a sign or notice of any kind, except as specifically provided
in sub-paragraph (a) of Section 5.2 hereof, upon any post, pole or
tree in any street, alley or thoroughfare or on any public property
in the City of Carlsbad.
(b) It shall be unlawful for any person to display upon a sign
any obscene, indecent or immoral matter.
SECTION 7.1. CONTENT OF SIGNS. The content or advertising
message carried by signs hereafter erected in the City of Carlsbad shall be
limited to one or more of the following:
-4-
d. *.. .. . I..
1
1
i
2
2
.2
2
2.
2t
2:
2E
25
3c
31
32
e
fa) The identification of a building or its owners or
occupants of the premises;
(b) Information concerning lawful activities on the premises,
or goods or services offered in connection therewith;
(c) Information concerning the sale, rental or lease of the
premises;
(d) Information concerning exclusively the direction toward
and the distance to a designated institution, place of business or
residence which is not located on the same premises as the sign.
Not more than one such sign shall be located within one hundred
(100) feet of any other such sign without specific approval of the
Planning Commission. Written application for approval of such
sign or signs and the location thereof shall be filed with the City
Clerk upon forms and accompanied by such information as may be
prescribed for that purpose by the Planning Commission. The
Planning Commission may approve the application subject to
such terms and conditions as it may deem proper. A public
SECTION 7.3. OBSTRUCTIONS, HAZARDS,
(a) No sign shall be erected, relocated or maintained so as
to prevent free ingress to or access from any door, window or
fire escape, nor shall any sign be attached to a standpipe or fire
escape, or so located as to interfere with the operation thereof.
-5 -
II I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
I
(b) No sign shall be erected, relocated or maintained at or
near the intersection of any streets in such manner as to obstruct
free and clear vision of vehicular traffic; or at any location where
it may obstruct the view of, or by reason of shape, lighting, color
or lettering, be confused with any authorized traffic sign, signal
or device, or in any manner interfere with, mislead or confuse
pedestrians or the operators of vehicles in traffic.
(c) Every sign located on or within five (5) feet of any street
line or sidewalk shall have a smooth surface, free of protruding
22
.23
tacks, nails or wires.
SECTION 7.4. NON-CONFORMING SIGNS, Every sign which is lawfully
in existence on private property on the effective date of this ordinance but which
fd) No flashing signs shall hereafter be permitted, and all
26
27
28
29
30
signs lighted by light sources exterior to the sign shall have said
light sources shielded so as to reflect the light directly upon the
i sign. No lighting arrangement shall be permitted which by reason I I of brilliance or reflected light is a detriment to surrounding properties,
or prevents the peaceful enjoyment of residential uses. No sign with
intermittent lighting or which is otherwise animated in any manner i
I creased in area or relocated unless it be made to comply with all the provisions,
of this ordinance.
provisions hereof, may be maintained, repaired and painted without permit or
fee, for a period not to exceed Xme: (1) year’ from the effective date of this
I Every non-conforming sign which does not violate the
1 ordinance; and shall then be removed, or so altered or relocated as to conform t
shall be permitted.
(e) The exterior use of pennants, streamers, whirligigs and
all similar moving devices is prohibited, unless authorized in
connection with a sign permit for a temporary sign.
2411 does not meet all the requirements thereof shall be considered to be a non- i
I 25 j/ conforming sign. No non-conforming sign may be structurally altered, in- i
31 fully with this ordinance. A sign permit shall be required for the necessary
alteration or relocation.
SECTION 7.5. REMOVAL OF UNSAFE, OR UNLAWFUL SIGNS. //
6
7
8
9
10
11
l2
13
14
15
16
17
211 If the Building Inspector shall find that any sign regulated by this ordinance is I
or altered so as to conform within ten (10) days after such notice, the Building
Inspector shall cause it to be removed or altered so as to conform, at the
expense of the permittee, tenant or owner of the property upon which it is
located. No permit shall be thereafter issued to any permittee, tenant or owner/
who refuses to pay such costs.
cause any sign which is an immediate peril to persons or property to be re-
moved summarily and without notice.
! i I
! The Building Inspector shall have the power to
I SECTION 7.6. REMOVAL OF OBSOLETE SIGN Any sign which by
reason of discontinuance of a use or activity, or change of ownership or
occupancy, no longer conforms to the requirements hereof, shall be removed
by the owner or tenant of the premises within thirty (30) days after written
notification to do so from the Building Inspector. Upon failure to comply with
1 1 I i 1
311 unsafe, insecure, a menace to the public or erected or maintained in violation I I
20
21
411 of the provisions of this ordinance, he shall give written notice to the permittee,l
SECTION 8. EXCEPTIONS, The specific types of signs described and
as limited herein shall be exempt from all provisions of this ordinance except I
511 or to the owner in the case of a non-conforming sign. If the sign is not removed I !
22
.2 3
24
25
the general provisions contained in Sections 7 to 7.6 hereof inclusive,
(a) House numbers, street names, signs warning against
I 1 l
trespass or danger, railroad crossing signs, authorized traffic
or parking signs, rural free delivery boxes and directional signs
I 18 the removal notice, the Building Inspector shall cause such sign to be removed // 1 1911 at the expense of the owner of the property upon which the sign is located.
26 I/ as qualified under sub-paragraph (d) of Section 7.1 hereof when
related to an institution or place of residence and placed on a
corner lot.
(b) Name plates, when affixed flat against the wall of a
I I building, and serving solely to designate the name or the name
.I 'h, .-. .'. .$'-. . ,,.
,
21
22
24
25
26
27
28
29
30
31
32
(c) Memorial signs or tablets, erected by recognized
historical agencies, or names of buildings and date of erection
when cut into a masonry surface or when constructed of bronze
or other incombustible letters and affixed flat against the wall
of such building.
(d) Non-illuminated signs on any lot or building which serve
solely to advertise the sale, lease or rental of the premises upon
which located, and having an aggregate area not in excess of
twelve (12) square feet; provided however, that where such sign
is placed over fifty (50) feet but less than one hundred (100) feet
to the rear of the front property line it may be twenty-four (24)
square feet in area; and if placed one hundred (100) or more feet
to the rear of the front property line it may be thirty-six (36)
square feet in area.
(e) Bulletin board, when located on the premises and used
soley in connection with activities within any church, school
or other public or institutional building and having an area not
in excess of eighteen (18) square feet.
(f) Poster frames of theatres, not over forty (40) square
feet in area when affixed to the theatre building and not projecting
over any sidewalk more than twelve (12) inches.
(g) Signs temporarily attached to or lettered on the exterior
or interior of a store window; provided, that the aggregate area
of such signs shall not exceed twenty-five (25) per cent of the
total window area of any business establishment.
(h) Signs painted on the doors or windows of buildings in
Commercial or Industrial Zoning Districts.
SECTION 9. TEMPOFLARY SIGNS. The following types of temporary
signs may be erected without permit or fee; but shall be subject to the provisions
of Sections 7 to 7.6 hereof, inclusive.
(a) Portable temporary signs having an area not in excess
of twelve (12) square feet, used in connection with the offer of
-8-
I l m e
services or goods for sale and placed entirely upon private property
and back of the building line.
fb) A temporary sign descriptive of a building under con-
struction or proposed to be constructed, and denoting the
architect, engineer or contractor, when placed entirely upon
private property; provided that no such sign for private con-
struction in a residential district shall have an area in excess
of twelve (12) square feet; and provided, further, that every
such sign shall be removed immediately upon completion of
the work.
3
3
7
1
3
1
2
2
2
2
21
2!
2t
2:
2E
2s
3c
31
32
SECTION 10. REAL ESTATE SIGNS, It shall be unlawful for any
person other than the owner or lessee of real property to erect or maintain with-
in the City of Carlsbad any sign which advertises the sale, rental or lease of the
premises upon which said sign is located except as follows:
(a) One duly licensed real estate agent may place one (1) sign
not to exceed a size of 2* x 3' upon a parcel of real property with
the permission of the owner or lessee, which advertises the sale,
rental or lease of the premises upon which said sign is located.
It shall be unlawful for any person to place more than one agent
sign upon said premises.
(b) Any person offering lots or dwellings for sale in a resi-
dential subdivision may erect a free-standing sign, subject to
permit and fee, located within the limits of the said subdivision,
but not within one hundred (100) feet of any occupied dwelling
located outside the subdivision; provided, that no such sign shall
be illuminated, nor have an area in excess of one hundred (100)
square feet, nor any single dimension in excess of .twelve @.2k
feet; not more than one such sign shall be permitted at each
major approach to the said subdivision.
The surface of the ground under and about such signs shall
be kept clear of weeds, rubbish and flammable wate material.
Every permit for such a sign in any Residential Zoning
-9 -
.* tr
-r ..
-4
C
3
i
5
4
F
t
r
t
$
I(
1:
1:
1:
11
1
11
1'
11
1
2
2
2
.2
2
2
2
2
2
2
3
3
3
District shall automatically expire at the end of one (1) year
from date of issuance, unless extended thereafter with the
approval of the Planning Commission.
permit shall become null and void, and the sign shall be removed.
SECTION 11. FREEWAY SIGNS. Any advertising display or billboard
established, maintained or placed on 101 Freeway in the City of Carlsbad, shal:
comply with the following provisions:
Upon expiration, the
(a) It shall advertise a business, service or activity, or shall
indicate the point at which it is possible to turn off to reach a
business, service or activity.
(b) It shall have no dimension exceeding thirty (30) feet and
shall contain a maximum of three hundred (300) square feet.
(c) No sign shall be located within one thousand (1000) feet
of another advertising display maintained; provided that this
condition need not be met if the advertising display for which
the permit is sought indicates the point, or the distance not
exceeding one-half mile to the point at which it is possible to
turn off to reach the business, service or activity to be advertised.
(d) It shall contain no brand name more prominent than the
business, service, or activity being advertised unless the brand
name is an integral part of the business, service or activity.
(e) No more than one other advertising display for which a
permit is required under this article advertising the same business,
service or activity shall be visible to the same direction of traffic
on the same highway within the city limits.
(f) The advertising display shall be placed and maintained
within five hundred (500) feet adjacent to the PO1 Freeway.
(9) The advertising display shall be designed to be viewed by
persons traveling on 101 Freeway within Carlsbad City limits.
SECTION 12. WALL SIGNS, Wall signs as regulated by this ordinance
shall include all flat signs which are placed against the wall of a building or
structure, with the exposed face parallel to the place of said wall, or which arc
-10-
1) e
painted upon such a wall.
(a) No wall sign facing a street shall project beyond the ends of
the wall to which it is attached, or above the eaves or wall coping
of a one-story building.
(b) No wall sign shall have a clearance of less than eight (8)
feet, nor shall the projection of any wall sign over the building
line exceed twelve (12) inches.
projection of devices used for exterior illumination of the sign.
(c) Barber poles, having a clearance of not less than four
This limitation shall not apply to
and one-half ( 4 1/2) feet shall be exempt from the clearance
limitations of sub-paragraph (b) hereof, but shall not have a
vertical length in excess of fifty-four (54) inches.
(d) Wall signs on a side wall which do not face into a street
shall have an area not greater than fifteen (15) per cent of the
area of the surface of such wall, including openings therein,
when such surface area is five hundred (500) square feet or
less; otherwise the permitted area of such signs shall be seventy-
five (75) square feet plus five (5) percent of the wall area in excess
of five hundred (500) square feet.
SECTION 13. APPEALS,
(a) To Planning Commission:
Any applicant for a sign permit, or any owner of property directly
affected by a proposed sign, may appeal to the Planning Commission for review
of the decision made by the Building Inspector approving or disapproving the
application.
date of approval or disapproval, and shall be based either upon an alleged error
in the findings of fact relevant to such permit, or upon an alleged error in the
interpretation of this ordinance. After considering any such appeal, the
Planning Commission shall by majority vote sustain or reverse the decision of
Such appeal shall be made in writing, within ten (10) days of the
the Building Inspector, in accordance with its findings as to the facts or as to
interpretation of the ordinance.
(b) To the City Council:
I'
.I '1 "q,
LI .*. ,: ' $@% :. <' :* .I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
.2 3
24
25
26
27
28
29
30
31,
32 I
6
Any person aggrieved by any decision of the Planning Commission made
under the provisions of this Ordinance may, within ten (10) days from the date
of such decision, appeal to the City Council by written Notice of Appeal filed
in duplicate and shall set forth specially wherein the Commission*s findings
and decisions were in error.
time and place of hearing such appeal to the applicant, appellant and Planning
Commission.
record and such additional evidence as may be offered, and may affirm, modify
or reverse, in whole
I
I
I
I
The City Clerk shall give written notice of the
I I
I
in part, the decision of the Planning Commission, or i i
Upon hearing the appeal, the City Council shall consider the
make or substitute such other additional decision or determination as it may
find warranted.
expressed by Resolution in writing, concurred in by at least three affirmative
votes of members of the City Council, and the Council shall forthwith cause a
copy thereof to be transmitted to the applicant, the appellant and the Planning
1
The decision of the City Council upon the appeal shall be
I
Commission. ! i
I SECTION 14. VARIANCES, Written application for the approval of a
variance from the strict and literal application of the terms of this ordinance
may be filed by any person with the City Clerk upon forms and accompanied
by such data and information as may be prescribed by the Planning Commission
Upon the filing of each application for a variance, a fee of $25.00 shall be paid.
I I i
I
I
Written receipt shall be issued to the person making such payment and a I
record thereof kept as prescribed by law.
hold one public hearing upon each such application.
place for such public hearing shall be given by one publication not less than
ten (10) days prior to such hearing in a newspaper of general circulation in the
City of Carlsbad, designated by the Council.
The Planning Commission shall
Notice of the time and
i I
Upon the conclusion of said public hearing, or at a later date as the
Planning Commission finds from the facts presented that practical difficulties
or unnecessary hardships inconsistent with the general purpose of this ordinanc
would result from the strict and literal interpretation and enforcement of the
provisions thereof, the Planning Commission, upon such terms and conditions 1 i
~
as it may deem necessary and proper, may grant such variances as may be in !
harmony with the general purposes and intent of this ordinance so that its spirit
shall be observed, public safety and welfare secured, and substantial justice
done. When a variance has been granted, the Building Inspector shall have the
power to approve a sign permit in accordance with its terms and conditions.
SECTION 15. ORDINANCES REPEALED, Ordinance No. 8020, and
all other ordinances and parts of ordinances pertaining to signs are hereby
repealed.
SECTION 16. CONSTITUTIONALITY, If any section, subsection, clau:
or phrase of this ordinance is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of this ordinance
The City Council of the City of Carlsbad hereby declares that it would have
passed the ordinance and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional.
SECTION 17. PUBLICATION. The City Clerk of the City of Carlsbad
is hereby directed to cause this ordinance to be published once in the Carlsbad
Journal, a newspaper published and of general circulation in the said City of
Carlsbad.
SECTION 18. EFFECTIVE DATE. This ordinance shall take effect
and be in force on the 3bst day from and after the date of its passage.
First read at a regular meeting of the City Council held on the 4th day
of June
meeting of the City Council held on the - 18thday of
following vote, to wit:
, 1963, and finally adopted and ordered published at a regular
June , 1963, by the
AYES: Councilmen Bierce, Guevara, Neiswender and Hughes.
NOES: None
ABSENT: None ABSTAINED: Councilman McPherson
ATTEST:
of the City of Carlsbad,
Carlsbad, California
J. H. PRICE, City Clerk
(SEAL)
-13-
. ".,. .......... .,. -- .+. _-__ ..., .... .--~I_ .-- .........
.. .. ::
I. I. zz :: e .. *. ..
..... ..... ..... ..... * .II. ..... , ..*. . .I,. ..... ..... ..... ..... ..... . .,.. ..... .....
I,. , .... .... .., , .... .... .., , .... I.. , ~.. , .... .I. , ...
is.
W v)
cc? L1
x P
m
W
0 0
n
W 0 N
d
t
B L n
m
c
n W L (1
I
.. ~.. . . . .. .
n
al L
E 0 .^ ... 2" P 0 0
m
4 E
I
I
0 0 0
m 0 2
.. . . ... . ...- ... , I ~ .,,- -,. . ~.,. ._ . . .,. . . . . . . .
N 0 z
m
W
0 V
n
2 W
v) -
2 0 c
v)
-
8
z z 3
a w I-
p. e 32 u
L 'f z .E L-l