HomeMy WebLinkAboutOrd 16541
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ORDINANCE NO. 1654
URGENCY ORDINANCE OF THE CITY OF BURLINGAME
AMENDING TITLE 22 (SIGN CODE) TO UPDATE PROVISIONS
The CITY COUNCIL of the CITY OF BURLEVGAME does hereby ordain as follows:
Section 1. In 1977, the City ofBurlingame adopted a comprehensive sign code that has
served the City well for over 23 years. Changes in technology and legal decisions now require
that the City adopt an update to that code. However, the key elements of concern stated in
Section 22.02.01 remain: preserve the beauty and charm of the City and its neighborhoods and
districts, safeguard and enhance property values throughout the City; and minimize hazards to
motorists and pedestrians. As before, the Sign Code as amended seeks to accommodate
reasonable signage necessary to communicate ideas, commerce, and information by specific
categories and locations while seeking to attain the goals described above.
Federal courts have determined that sign regulations must explicitly accommodate non-
commercial signage in the same way that commercial signage is accommodated, and further that
administrative discretion of city officials must be strictly limited. These decisions have made
sign regulations vulnerable to attack by interests seeking to invalidate all sign regulations. In
order to preserve the integrity of the community's sign regulations, it is imperative that the sign
code be amended immediately to address the Federal concerns and to allow the sign regulations
to be suspended or invalidated would jeopardize the public's peace, safety, and welfare because
these regulations are intended to preserve the aesthetic qualities of the community and advance
traffic safety.
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Section 2. Section 22.04.070 is amended to read as follows:
Section 22.04.070 Changeable copy signs.
"Changeable copy sign" is a sign any part of which moves or flashes, including a signs
with movable or moving letters of any type or a sign that uses video projection, LED, television,
or other similar technology.
Section 3. Anew section 22.04.085 is added as follows:
Section 22.04.085 Commercial sign.
"Commercial sign" is any sign with wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business, product, service, or other
commercial activity.
Section 4. Anew section 22.04.245 is added as follows:
Section 22.04.245 Noncommercial sign.
"Noncommercial sign" is any sign that is not determined to be a commercial sign.
Section 5. Section 22.04.310 is repealed.
Section 6. Section 22.04.370 is amended to read as follows:
Section 22.04.370 Real estate sign.
"Real estate sign" is a commercial sign that is devoted solely to advertising the sale,
exchange, lease, rental, or display of the lot, building, or other premises on which the sign is
located.
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Section 7. Section 22.06.110 is amended to read as follows:
22.06.110 Variances.
(a) In order to prevent or mitigate significant difficulties and unnecessary hardship
incons istentwiththe objectives ofthis t tle, theplanning commission may grant variances from
the regulations ofthis chapter from only the following: height of placement; or location, or,
within the allowable total square footage, the number of signs on a frontage.
(b) Such a variance shall only be granted when all of the following findings are made
based on substantial evidence presented to the commission:
(i) There are exceptional or extraordinary circumstances or conditions applicable
to the property, such as size, shape, topography, street frontage, or surrounding land use,
that do not apply generally to property in the same district;
(ii) The granting of the variance is necessary for the preservation and enjoyment
of a substantial property rightofthe applicant, and to preventunreasonable property loss
or unnecessary hardship;
(iii) The granting of the application will not be detrimental or injurious to
property or improvements in the vicinity and will not be detrimental to the public health,
safety, general welfare or convenience;
(iv) That the signage for which the variance is sought will be compatible with
the aesthetics, mass, and character of existing and potential signage of propert
general vicinity.
(c) Any varian
located.
ies in the
ce granted shall be subject to such conditions as will assure that the
variance authorized shall not constitute a gian
t of special privilege inconsistent with the
limitations upon other propert
ies in the vicinity and district in which the subject property is
Secfion 8. Section 22.06.120 is repealed.
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Section 9. Section 22.08.030 is amended to read as follows:
Section 22.08.030
Maintenance or
alteration
of existing signs.
A sign permit shall not be
required
for the maintenance of an existing sign, such as
repainting,
which does not result in
a change
or alteration in the size, shape, or illumination of
the affected sign. Any work other than such maintenance shall require a sign permit.
Section 10. Section 22.08.010 is amended to read as follows:
Section 22.08.010 Only permitted signs to be erected.
(a) No person shall erect, reconstruct, alter, relocate or place any sign within the city
except such signs as are permitted by this title. All signs, including the frames, braces or
supports thereof, shall be constructed and maintained in compliance with this title, the building
and electrical codes, the zoning ordinance and all other applicable ordinances of the city.
(b) Noncommercial signs are permitted wherever other signage is permitted under this
chapter. Noncommercial signage is subject to the same standards and is included within the
maximum allowances for signs for the parcel.
Section 11. Section 22.08.040 is amended to read as follows:
Section 22.26.040 Removal of sign.
Within ten days after the decision becomes final, the sign or signs described in such
notice shall be removed by the property owner or tenan
t. If the sign constitutes a public
nuisance and is not removed as provided in this chapter, the city may undertake appropriate
abatement proceedings.
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Section 12. Section 22.24.010 is amended to read as follows:
Section 22.24.010 General requirements.
Where a legal nonconforming use exists, any signs to be erected shall require application
to and approval by the planning commission. The number of signs permitted on the building or
parcel, the size and nature thereof and their location on the property shall be determined by the
provisions of this code applicable to such property as if it were classified for the actual use then
existing; however, the commission may modify such standards if it is determined that the use
or condition of adjacent parcels makes such standards inappropriate because the illumination
or location of the signage would unreasonably interfere with the quiet enjoyment and use of one
or more adjacent parcels.
Section 13. Section 22.29.010 is amended to read as follows:
Section 22.29.010 Changeable copy signs.
A changeable copy sign that does not contain any flashing lights or brilliant or reflected
light is allowed in C-1, C-2, C-3, C-4, M-1, and O -M districts only, on
long as the total square
footage of all changeable copy signs on the parcel is not more than the following: (a) fifteen
(15) square feet or twenty percent (20%) of the allowable signage area, whichever is less, if the
lettering or graphics are movable only by hand; or (b) six (6) square feet or twenty percent (20%
of the allowable signage area, whichever is less, if some or all of the lettering or graphics are
movable mechanically or electronically.
Section 14. Section 22.34.020 is amended to read as follows:
Section 22.34.020 Signs for public purposes.
Signs for essential public purposes include official traffic, fire and police signs, signals,
devices and markings of the state, the city, and other competent govern
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ment authorities; signs
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of public utility or service companies indicating danger or aids to service or safety including
signs showing the placement or location of underground public utility facilities.
Section 15. Section 22.34.030 is amended to read as follows:
Section 22.34.030 Directional signs for public safety and convenience.
(a) Signs that contain only the following:
(i) The words: "entrance" or "exit" or "no parking" or "fire lane"; or
(ii) Turning directions, such as "no left turn" or "wrong way"; or
(iii) Arrows demonstrating the turning directions;
(iv) International signs demonstrating the same traffic instructions.
(b) Each such sign shall not exceed three (3) square feet, and no more than six (6) such
signs in total per frontage may be placed on the property. The words used may be in languages
other than English.
Section 16. Section 22.34.040 is amended to read as follows:
Section 22.34.040 Trespass and warning signs.
"No trespassing" or "no dumping" signs not exceeding three square feet may be
placed on a parcel in addition to other signs. No more than
three (3) such signs may be
placed on each building or parcel of property for each two hundred feet of frontage.
Section 17. Section 22.34.090 is amended to read as follows:
Section 22.34.090 Memorial signs.
Memorial signs or tablets, and historical monuments when such markers are
constructed of bronze or other incombustible materials shall be exempt when they are no
larger than
parcel.
six (6) square feet per sign and total no more than eighteen (18) square feet on a
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Section 18. Section 22.34.100 is repealed.
Section 19. Section 22. 34.110 is amended to read as follows:
Section 22. 34.110 Flags.
(a) Flags shall be exempt within the following limitations:
(1) The flag shall be of flexible material, typically cloth, paper or plastic, and shall
not include those painted on or otherwise erected or attached to any structure, and shall be
flown from a flag pole pursuant to this section.
(2) No more than three flags shall be permitted per parcel.
(3) No flag pole shall exceed thirty-five (3 5) feet in height above grade.
(4) No flag shall exceed a vertical dimension of five (5) feet nor a horizontal
dimension of eight (8) feet.
(5) No flag pole shall be closer than fifteen (15) feet to any property line.
(b) Each flag flown shall be either a noncommercial sign or a sign directly related to
a service or business offered on the property on which the flag is being flown.
Section 20. Section 22.34.130 is amended as follows:
Section 22.34.130 Garage sale signs.
One sign not
first observ
to exceed
three (3) square feet may be displayed
on the property
where
the sale is occurring
during the
period of the sale, if the requirements
of Chapter 6.22
are
ed.
Section 21. Section 22.36.020 is amended as follows:
Section 22.36.020 Exempt signs.
The provisions of this chapter shall not apply to the following signs:
(a) A real estate sign; or
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(b) A sign that designates only the name of the owner or occupant of the premises
upon which such sign is placed or the actual street address of the parcel.
Section 22. Chapter 22.46 is renamed "Noncommercial Signs in Residential
Districts" and Section 22.46.010 is amended as follows:
Section 22.46.010 Noncommercial signs in residential districts.
In R-1, R-2, R-3, and R-4 districts and without a sign permit, noncommercial signs
no larger individually than eight (8) square feet and totaling not more than sixty (60) square
feet may be placed on a parcel in addition to the other signage that may be allowed pursuant
to this code. This provision is intended to allow reasonable noncommercial expression in
residential districts where signage has been restricted because of the need to protect the
character and value of the residential districts.
Section 23. Section 22.48.050 is amended as follows:
Section 22.48.050 Signs on vehicles.
(a) No person shall park any vehicle on public property and place signs on the
vehicle when the dominan
t purpose or use of the vehicle is to be a sign.
(b) If a person parks any vehicle on private propert
y and places signs on the vehicle
with the dominant purpose or use of the vehicle is to be a sign, the placement of the vehicle
shall require a sign permit and the square
footage of the signage on the vehicle shall be
counted toward the allowance for the propert
y on which the vehicle is parked.
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Section 24. Section 22.48.070 is amended to read as follows:
Section 22.48.070 Signs with flashing lights.
Any sign with animated, moving or flashing lights, or any sign which, because of
flashing lights, brilliant lighting or reflected light, is a detriment to surrounding properties or
prevents the peaceful enjoyment of residential uses, is prohibited.
Section 25. Section 22.48.090 is amended to read as follows:
Section 22.48.090 Roof signs.
Roof signs are prohibited in all zoning districts.
Section 26. Section 22.48.110 is repealed.
Section 27. Section 22.54.030 is amended as follows:
Section 22.54.030 Advertising permitted.
The
advertising presented
on any temporary sign
shall pertain
only
to the business,
industry or
pursuit conducted on
or within the premises on
which the
sign
is displayed.
Section 28.
The city manager or the man
Section 22.54.040 is
amended as
follows:
Section 22.54.040
Signs and banners for
community
events.
ager's designee may, upon written application to the
manager, issue administrative sign permits for temporary signs and banners announcing a
community event sponsored by a charitable or educational group in the city at no more than
two (2) places in the city. The city manager shall, prior to issuan
ce of a permit, require
recommendations regarding matters of safety, construction and location from applicable city
departments, and shall ensure that all the following conditions are fulfilled:
(a) Each sign is required for the convenience or safety of the public;
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(b) Each sign is directly related to an event that is clearly of a noncommercial nature
directly related to the city;
(c) Each sign is of a temporary nature, and not to remain up longer than fourteen
consecutive days in any twelve-month period.
(d) Insurance in the amount set by the city attorney for such permits be provided.
Section 29. Anew chapter 22.31 is added as follows:
Chapter 22.31
COMMERCIAL AND INSTITUTIONAL SIGNS WITHIN RESIDENTIAL DISTRICTS
22.31.010
limited to a total of fifty (50) square
feet of sign area per
Purpose.
22.31.020
of the
residential
Sign area.
22.31.030
Number.
22.31.040
Height.
22.31.050
Lighting.
22.31.010 Purpose.
The municipal code allows a number of institutional and commercial uses to exist
within the residential districts of the city, and some uses exist as nonconforming uses. In
order to allow those uses to properly function while preserving the integrity, historical an
institutional and commercial uses should be strictly limited as to size, location, and lighting.
This chapter only applies to the R-1, R-2, R-3 and R-4 districts in the city.
22.31.020 Sign area.
Signs shall be
limited to a total of fifty (50) square
feet of sign area per
d
aesthetic nature of the districts, and the value
of the
residential
districts, signage on these
institutional and commercial uses should be strictly limited as to size, location, and lighting.
This chapter only applies to the R-1, R-2, R-3 and R-4 districts in the city.
22.31.020 Sign area.
Signs shall be
limited to a total of fifty (50) square
feet of sign area per
frontage
where an institutional
or commercial use lawfully exists.
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22.31.030 Number.
There shall be no more than three (3) signs per frontage on which an institutional or
commercial use lawfully exists.
22.31.040 Height.
Freestanding signs shall be no more than six (6) feet above adjacent grade. Wall
signs shall be placed no higher than sixteen (16) feet above the adjacent grade.
22.31.050 Lighting.
Each sign shall conform to the limitations and restrictions contained in section
18.16.210 regarding exterior lighting. Exterior illumination shall be directed in such a way
so that any light bulb, filament, neon tubing or similar light source is not visible from
beyond the property line. Freestanding signs with interior illumination or translucent faces
shall be limited to low level illumination consisting of a single fluorescent bulb or
equivalent; Any such sign facing a residential district shall have a dark background and light
lettering. Any such sign facing a commercial or manufacturing district may have a light
background with dark lettering. Interior illumination of wall signs is prohibited. All sign
illumination shall be turned off by an automatic system during the hours between 10:00 p.m.
and 8:00 a.m.
Section 30. Section 22.10.010 is amended to read as follows:
22.10.010 Permitted signs.
No signs shall be erected or maintained in an
except the following:
(a) Signs exempted in chapter 22.34;
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y first or second residehtial district
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(b) Signs permitted by other sections of this title, excluding pole signs and projecting
signs, when appropriate to those conditional uses described by the zoning ordinance which
have a valid conditional use permit;
(c) Signs permitted by chapter 22.31.
Section 31. Section 22.10.040 is amended to read as follows:
22.10.040 Lighting.
No signs in a residential district shall be constructed or maintained in such a way that
any light bulb, light filament, neon tubing or similar light source is visible from beyond the
property line. Except as expressly permitted by chapter 22.31, signs with interior
illumination and translucent faces are prohibited.
Section 32. Section 22.12.010 is amended to read as follows:
22.12.010 Permitted Signs.
No signs shall be erected or maintained in any third or fourth residential district
except the following:
(a) Signs exempted in chapter 22.34;
(b) Signs permitted by other sections of this title, excluding pole signs and projecting
signs, when appropriate to those conditional uses described by the zoning ordinance which
have a valid conditional use permit;
(c) Signs permitted by chapter 22.31.
Section 33. Section 22.12.040 is amended to read as follows:
� 22.12.040 Lighting.
No signs in a residential district shall be constructed or maintained in such a way that
any light bulb, light filament, neon tubing or similar light source is visible from beyond the
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properly line. Except as expressly permitted by chapter 22.3 1, signs with interior
illuminafron and translucent faces are prohibited
Section 34. If any section, subsection, sentence, clause, phrase, provision or word of
this Ordinance is for any reason held by any court or by any Federal or State agency of
competent jurisdiction, to be unconstitutional or invalid as conflicting with any Federal or
State law, rule or regulation now or hereafter in effect, or is held by such court or agency to
be modified in any way in order to conform to the requirements of any such law, rule or
regulation, such provision shall be considered a separate, distinct, and independent part of
this Ordinance, and such holding shall not affect the validity and enforceability of all other
provisions hereof nor shall such decision shall not affect the validity of the remaining
portions of the Ordinance. The City Council hereby declares that it would have passed this
ordinance and each section, subsection, sentence, clause, phrase, and word thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases, provisions, or words be declared unconstitutional or invalid.
Section 35. This ordinance shall be published as required by law and shall take
effect immediately..
�3 yor
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby cert
ify
that the foregoing ordinance was introduced and adopted at a regular meeting of the City
Council held on the 7th day of May,
2001, by the following vote:
AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, JANNEY, O'MAHONY,
SPINELLI
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NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
D:AWP51\FILESVORDINANC\SIGNREVS2W lurgCLN.ORD.wpd
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City Clerk