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HomeMy WebLinkAboutOrd 16541 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. I // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. -3- 1 2 3 4 5 6 7 8 9 10, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 -5- ment authorities; signs 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (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. -8- 1 2 3, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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; -9- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (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. -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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; -11- y first or second residehtial district 2 3 4 5 6 7, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (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 12- 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE D:AWP51\FILESVORDINANC\SIGNREVS2W lurgCLN.ORD.wpd -14- City Clerk