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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