A. Title.
This chapter shall be known and cited as the Sign Ordinance of the
City of Santa Barbara.
B. Purpose
and intent. The City of Santa Barbara has a national and international
reputation as a community of natural beauty, distinctive and historic
architecture and historic tradition. Signs have a strong visual impact
on the character and quality of the community. As a prominent part
of the scenery, they attract or repel the viewing public, affect the
safety of vehicular traffic, and their suitability or appropriateness
helps to set the tone of the neighborhood. Since the City of Santa
Barbara relies on its scenery and physical beauty to attract tourists
and commerce, aesthetic considerations assume economic value. It is
the intent of the City of Santa Barbara, through this chapter, to
protect and enhance the City's historic and residential character
and its economic base through the provision of appropriate and aesthetic
signing. In addition, it is the intent of the City to limit the size,
type and location of signs in order to minimize their distracting
effect on drivers and thereby improve traffic safety.
In view of these facts, the City of Santa Barbara adopts the
policy that the sign should serve primarily to identify an establishment,
organization or enterprise. As identification devices, signs must
not subject the citizens of the City to excessive competition for
their visual attention. As appropriate identification devices, signs
must harmonize with the building, the neighborhood and other signs
in the area.
C. Compliance
with chapter. It is unlawful for any person to construct, maintain,
display or alter or cause to be constructed, maintained, displayed
or altered, a sign within the City of Santa Barbara except in conformance
with this chapter.
(Ord. 4101, 1981; Ord. 4259, 1984; Ord. 4484, 1987)
As used in this chapter, the following terms and phrases shall
have the indicated meanings:
Accessory Sign.
A separate unit displaying information related to the principal
business conducted on the premises, which is not attached to or supported
by any other sign, and not made a part thereof.
Architectural Feature.
Any window frame, recessed area, door, detail or other feature
that is part of any building, or is a specific element of a recognized
style of architecture.
Awning Sign.
Any sign or graphic attached to, painted on or applied to
an awning or awning canopy.
Back-Lit Sign.
Any internally illuminated sign with opaque, reverse pan
channel, halo-lit letters and elements with concealed light sources
in which the light projects away from the viewer.
Balloon.
A lighter-than-air or inflated object no larger than 18 inches
in any dimension.
Banner.
A bunting or other flexible sign characteristically supported
at two or more points and hung on a building or otherwise suspended
down or along its face, or across any public street of the City. The
banner may or may not include copy or other graphic symbols.
Bench Sign.
Any sign painted on or otherwise attached to a bench or other
seat placed in an exterior area.
Billboard.
A freestanding sign which exceeds the size limitations of
a ground or wall sign. A billboard may be on-premises or off-premises.
Civic Event Sign.
A sign, other than a commercial sign, posted to advertise
or provide direction to a civic event sponsored by a public agency,
the City, a school, church, civic-fraternal organization or similar
noncommercial organization.
Commercial Sign.
Any sign which is intended to attract attention to a commercial
activity, business, commodity, service, entertainment or attraction
sold or offered, and which is to be viewed from public streets or
public parking areas.
Digital Display.
A sign that displays still images, scrolling images, or moving
images, including video or animation, through a series of grid lights,
including cathode ray, light emitting diode display, liquid crystal
display, plasma screen, fiber optic, or other electronic media or
technology, where the display can be changed through electronic means.
The definition of digital display does not include time and temperature
signs or electronic signs placed in the right-of-way that function
as traffic control devices.
Eave.
That portion of the roofline extending beyond the building
wall, a canopy attachment on the wall having the simulated appearance
of an eave, or the lowest horizontal line on any roof.
Election Sign.
A noncommercial sign pertaining to an election for public
office or to a ballot measure to be placed before the voters in a
federal, state or local election.
Erect.
To build, construct, attach, hang, place, suspend, affix,
fabricate (which shall also include painting of wall signs and window
signs or other graphics), or project light in a manner that creates
a projected light sign.
Façade.
The front of a building or structure facing a street.
Flag.
A piece of fabric of distinctive design (customarily rectangular)
that is used as a symbol of a nation, state, city, agency, corporation
or person, or as a signaling device, and is usually displayed hanging
free from a staff or halyard to which it is attached by one edge.
Frontage.
The width of any face of a building.
1.
Dominant Building Frontage.
The principal frontage of the building where its main entrance
is located or which faces the street upon which its address is located.
Ground Sign.
Any sign advertising goods manufactured, produced or sold,
or services rendered on the premises upon which the sign is placed,
or identifying in any fashion the premises or any owner or occupant,
and which is supported by one or more uprights or braces on the ground,
the overall total height of which does not exceed (i) six feet above
grade measured at the edge of the public right-of-way; or (ii) six
feet above the base of the sign structure when the grade at the public
right-of-way is at least three and one-half feet lower than the grade
at the base of the sign, whichever is higher. In no case shall an
artificial grade be established for the sole purpose of placing a
sign at more than six feet above the grade at the edge of the public
right-of-way.
Hanging Sign.
A sign attached to and located below any eave, roof, canopy,
awning, or wall bracket.
Illuminated Sign.
A physical sign that is illuminated internally or from an
exterior light source. An illuminated sign is distinguished from a
projected light sign by the fact that a projected light sign uses
light to create the sign rather than using light to illuminate a sign
of physical material.
Inflatable Signs.
A lighter-than-air or inflated object tethered or otherwise
attached to the ground, structure or other object. This definition
includes, but is not limited to, inflated representations of blimps,
products, cartoon characters, animals and the like. Balloons are a
distinct subset of inflatable signs.
Kiosk.
A small, freestanding structure permanently affixed to the
ground, requiring a building permit, which may have one or more surfaces
used to display temporary advertising signs.
Letter Height.
The height of a letter from its bottom to its top, including
any shadow line.
Logo Sign with Courtesy Panels.
Prefabricated signs bearing a brand name, registered trademark
or logo with space for the name of a local business or occupant or
other items of information to be applied thereto or erected thereon.
Marquee.
A permanent roof structure attached to and entirely supported
by a wall of a building, having no connection or relationship with
the roof of the building to which it is attached.
Mobile Sign.
A sign on a boat or on a vehicle, other than on a public
transit vehicle designed to carry at least 19 passengers, advertising
a good, service, or entity other than that for which the boat or vehicle
is principally used.
Mural.
A painting or picture applied to and made part of a wall
or window which may be pictorial or abstract, and is characteristically
visually set off or separated from the background color or architectural
environment.
Noncommercial Sign.
Any sign which is intended to convey a noncommercial message
of social, political, educational, religious or charitable commentary.
Off-Premises Sign.
A commercial sign not located on the premises of the business
or entity indicated or advertised by said sign, or a commercial sign
advertising a commodity, service or entertainment offered at a location
other than the location of the sign.
Parapet.
A low wall used to protect the edge of a roof from view,
also called a parapet wall.
Pennant.
A small triangular or rectangular flag or multiples thereof,
individually supported or attached to each other by means of a string,
rope, or other material, and meant to be stretched across or fastened
to buildings, or between poles and/or structures.
Pergola.
A structure usually consisting of parallel colonnades supporting
an open roof of girders and crossrafters, also known as an arbor,
trellis or ramada.
Pole Sign.
Any sign, other than a ground sign, supported by one or more
uprights or braces on the ground, the height of which is greater than
a ground sign, and which is not part of any building or structure
other than a structure erected solely for the purpose of supporting
a sign.
Portable Sign.
Any sign, other than a mobile sign, designated or constructed
in such a manner that it can be moved or relocated without involving
any structural or support changes.
Projected Light Sign.
A projection of light onto a physical surface in a manner
designed to communicate a message by creating a variable intensity
of light on the physical surface in the form of letters, shapes, or
symbols.
Projecting Sign.
Any sign which projects from and is supported by a wall of
a building with the display surface of the sign perpendicular to the
building wall.
Roof.
The cover of any building, including the eaves and similar
projections. False roofs on store fronts, coverings on or over oriels,
bay windows, canopies and horizontally projecting surfaces other than
marquees shall be considered roofs.
Roof Sign.
Any sign any part of which is on or over any portion of any
roof or eave of a building or structure and any sign which extends
above a parapet of a building or structure.
Sign.
Any form of visual communication including any physical object,
projection of light, digital display, or open flame (with or without
lettering, a symbol, logo) used to announce, declare, demonstrate,
display, or otherwise present a message to or attract the attention
of the public. A sign may include a commercial or noncommercial sign.
A sign includes all parts, portions, units and materials used in constructing
the sign, together with the illumination, frame, background, structure,
support and anchorage thereof. A mural is not a sign.
Temporary.
A period of time not exceeding 30 consecutive days, unless
otherwise specified.
Vending Machine.
A machine or other mechanical device or container that dispenses
a product or service through a self-service method of payment, but
not including an automatic bank teller machine incorporated within
a wall or a façade of a building; a newsrack; a machine dispensing
fuel, compressed air, or water at an automobile service station; or
a public telephone.
Wall Sign.
Any sign affixed directly to or painted on or otherwise inscribed
on an exterior wall or solid fence, the principal face of which is
parallel to said wall or fence and which projects from that surface
no more than 12 inches at all points.
Window Sign.
A sign that is attached to, affixed to, leaning against,
or otherwise placed within six feet of a window in a manner so as
to present a message to or attract the attention of the public on
adjoining streets, walkways, malls or parking lots available for public
use.
(Ord. 4101, 1981; Ord. 4259, 1984; Ord. 4484, 1987; Ord. 4860, 1994; Ord. 4917, 1995; Ord. 5236, 2002; Ord. 5549, 2011; Ord. 5552, 2011)
A. Permit
required. It is unlawful for any person to erect, repair, alter, relocate
or maintain any sign within the City, or to direct or authorize another
person to do so, except pursuant to a sign permit obtained as provided
in this chapter, unless the sign is specifically exempted from permit
requirements by the provisions of this chapter. No permit shall be
required for repainting, cleaning, or other normal maintenance and
repair of a sign unless the structure, design, color or character
is altered.
B. Exempt
signs. The following signs shall be allowed without a sign permit
and shall not be included in the determination of type, number, or
area of signs allowed on a building or parcel:
1. Any
official federal, state, or local government sign and notice issued
by any court, person, or officer in performance of a public duty,
or any sign erected or placed on park or beach property owned or controlled
by the City and which (i) pertains to an event not exceeding five
days in duration and (ii) has been approved by the agency with authority
over such property.
2. Any
temporary sign warning of construction, excavation, or similar hazards
so long as the hazard exists.
3. One temporary construction sign, provided the sign (i) does not exceed six square feet in the one-family and two-family residential zones (Chapters
28.15 and
28.18) or the single unit and two-unit residential zones (Chapter
30.20) and does not exceed 24 square feet in all other zones; (ii) is used only to indicate the name of the construction project and the names and locations (city or community and state name only) of the contractors, architects, engineers, landscape designers, project or leasing agent, and financing company; (iii) is displayed during construction only; (iv) does not exceed the height limitations of a ground sign; and (v) meets all other applicable restrictions of this chapter.
4. Any
temporary sign relating to Fiesta, Solstice, or any official City
holiday except banners, blinking lights, or signs and any related
lighting that require a building, electrical, or other permit. Any
such decorations or displays and any related lighting must be removed
within 10 days following the event for which they were erected.
5. A
sign consisting of a display of no more than 12 balloons for any single
business or residence, displayed at a height which is not above the
roof ridge line of the main building or 15 feet, whichever is lower.
6. A
noncommercial sign not exceeding six square feet total for each lot
in residential zones and 24 square feet total for each lot in nonresidential
zones. Such a sign shall be erected only with the permission of property
owner or tenant. An election sign shall not be displayed for more
than 90 days prior to the election or for more than 10 days following
the election for which it is erected.
7. A
temporary real estate sign which indicates that the property is for
sale, rent, or lease. Only one such sign is allowed on each street
frontage of the property. A temporary real estate sign may be displayed
only for such time as the lot or any portion of the lot is actively
offered for sale, rent, or lease. Such a sign may be single-faced
or double-faced and is limited to a maximum area on each face of four
square feet or less on property in residential zones and 12 square
feet or less on property in nonresidential zones. Signs allowed pursuant
to this exemption shall not exceed the height limitations of a ground
sign (six feet).
8. Any
temporary sign located on a kiosk.
9. Any
"No Trespassing" sign, prohibiting or restricting access to property,
provided it is (i) not more than one square foot in size; (ii) placed
at each corner and each entrance to the property; and (iii) at intervals
of not less than 50 feet or in compliance with the requirements of
law.
10. One identification sign of no more than one square foot for a residence.
11. Any parking lot or other private traffic directional sign not to
exceed two square feet in area having black letters on a white or
building color background, and limited to guidance of pedestrian or
vehicular traffic within the premises. There shall be erected no more
than three such signs in each parking lot or more than one sign per
entrance.
12. Any informational commercial signs provided the sign (i) is in a
nonresidential zone; (ii) has an aggregate area (when combined with
all other similar signs on the parcel) of not more than one- and-one-half
square feet at each public entrance nor more than five square feet
total; (iii) indicates address, hours and days of operation, whether
a business is open or closed, credit information, and emergency address
and telephone numbers. Lettering shall not exceed two inches in height
except for street numbers. Neon or light-emitting diode (LED) signs
with the text "open" may be erected under this exemption subject to
the following conditions: (i) no more than one such sign may be erected
per business; (ii) the letter height of any such sign shall not exceed
six inches and the overall height of the sign shall not exceed 12
inches; and (iii) such signs are not allowed in El Pueblo Viejo, unless
the sign is located inside the building and at least 10 feet back
from any window or other opening in the façade of the building.
13. Any street name and address stamped or painted on a sidewalk or curb.
14. Any civic event sign, except a banner. Such a sign shall be removed
within 24 hours after the time of the event, shall not exceed 24 square
feet in size and may be erected for a period not to exceed five days
out of any 30-day period. Only one such sign shall be erected per
lot.
15. Temporary open house signs. Open house signs erected pursuant to
this exemption shall contain only the address of the property where
the open house is being held and the name of the real estate agent
and/or real estate agency or party holding the open house. Open house
signs may be single-faced or double-faced. Open house signs shall
be erected and removed on the day the open house is held. Open house
signs shall not be fastened or attached in any way to a building façade
or architectural element.
a. On-Site Open House Signs. Pursuant to this exemption, one on-site
open house sign may be erected on each street frontage of the property
that is for sale. Each face of an on-site open house sign shall have
an area of three square feet or less, and the height of the on-site
open house sign, including the supporting structure, shall not exceed
four feet.
b. Off-Site Open House Signs. In addition to the on-site open house
sign(s) allowed pursuant to this exemption, a maximum of five off-site
open house signs may be erected. Each face of an off-site open house
sign shall have an area of three square feet or less, and the height
of the off-site open house sign, including the supporting structure,
shall not exceed three feet. Off-site open house signs shall not be
erected on private property without the permission of the property
owner. In addition to complying with the requirements listed above
applicable to off-site open house signs, off-site open house signs
may be erected within the public right-of-way if such signs comply
with all of the following standards:
i. Signs shall not be erected in a manner which obstructs the pedestrian
path of travel or which constitutes a hazard to pedestrians or vehicular
traffic;
ii. Signs shall not be placed on vehicles;
iii.
Signs shall not be placed in street medians; and
iv. Decorative attachments (i.e., balloons, streamers, etc.) shall not
be attached to any sign.
16. Any sign on a telephone booth or newsrack, provided the sign (i)
identifies only the product contained therein or displays operating
instructions, and (ii) the lettering does not exceed two inches in
height.
17. Flags flown on a temporary basis for purposes of honoring national
or civic holidays which do not exceed eight feet long in largest dimension.
No more than two flags may be flown pursuant to this exemption on
a single parcel.
18. The official flag of a government, governmental agency, public institution,
religion, corporation, business, or other similar entity. Only one
flag pole with a maximum height of 25 feet and with a maximum dimension
on the flag of eight feet and which is not attached to the building
shall be exempt. No more than two flags may be flown pursuant to this
exemption on a single parcel. Corporate or business flags displaying
the emblem, name, logo, or other information of a business shall be
included in the calculation of the maximum allowable sign area for
the business.
19. Signs, except banners, announcing the opening of a new business which,
in the aggregate, do not exceed 10 square feet in area or 25% of the
window area, whichever is greater. Such signs shall be erected no
more than 30 days prior to the scheduled opening of the business and
shall be removed no later than 30 days after the opening of the business,
but in no case shall such a sign be erected for more than 45 days
within this period. The business owner or manager shall provide proof
of opening date upon request.
20. Temporary window signs, except banners, not exceeding four square feet or 15% of the window area of each facade, whichever is greater. For windows which are more than 25 feet from the public right-of-way, such signs shall not exceed 25% of such window area. No temporary window signs on a building or parcel shall be displayed for more than 30 consecutive days nor more than a total of 60 days per calendar year. Signs erected pursuant to this exemption shall not be illuminated. Unless specifically exempt pursuant to this subsection
B, any illuminated sign erected within 10 feet of a window, door, or other opening in the façade of a building in a manner so as to present a message to or attract the attention of the public on adjoining streets, walkways, malls, or parking lots available for public use shall require a permit.
21. Signs specifically required by federal, state, or City law, of the
minimum size required.
22. Signs on the air operation side of the Santa Barbara Municipal Airport
which are designed and oriented to provide information to aircraft.
23. A sign, such as a menu, which (i) shows prices of goods or services
not on window display to the public; (ii) does not exceed 24 inches
by 18 inches; (iii) has letters and numbers not exceeding three-quarters
(3/4) of an inch in height; and (iv) is located on a wall or in a
window.
24. Signs on public transit vehicles designed to transport at least 19
passengers. No more than one sign may be displayed on each side of
these vehicles, except as approved by the Sign Committee.
25. Temporary "Garage Sale" or other similar signs located only on the
premises upon which the sale is occurring.
26. Digital displays on gasoline pumps, provided the digital displays
conform to all of the following standards:
a. Each digital display shall not measure more than 26 inches on the
diagonal;
b. Each digital display is integrated into the face of the gasoline
pump and is not a stand-alone display;
c. No more than one digital display is erected on each face of a gasoline
pump;
d. The luminance of each digital display shall not exceed 1500 nits;
e. Any audio associated with a digital display shall not exceed 65 dB,
measured at the nearest property line, between the hours of 7:00 a.m.
and 10:00 p.m., and 55 dB, measured at the nearest property line,
between the hours of 10:00 p.m. and 7:00 a.m.; and
f. No digital display shall be installed within 25 feet of any property
zoned exclusively for residential use.
27. Digital displays on automated teller machines (ATMs), provided, (i)
the digital display only displays the name of the financial institution
that operates the ATM and the instructions for operating the ATM and
(ii) the lettering does not exceed two inches in height.
C. Prohibited
signs. In addition to any sign not conforming to the provisions of
this chapter, the following signs are prohibited:
1. Any
sign which, by color, shape, working, or location, resembles or conflicts
with any traffic control sign or device.
2. Signs
attached or placed adjacent to any utility pole, traffic sign post,
traffic signal, historical marker, or any other official traffic control
device.
3. Any
sign, except as may be required by other code or ordinance, placed
or maintained so as to interfere with free ingress or egress from
any door, window, or fire escape.
4. Signs
erected on public or private property without the permission of the
property owner.
5. Signs
visible from the public street or parking lot attached to or placed
on merchandise or materials stored or displayed outdoors except for
parking lot sales of less than four days in duration.
6. Signs
that rotate, move, glare, flash, change, reflect, blink, or appear
to do any of the foregoing, except time and temperature devices and
digital displays otherwise exempted by this chapter.
7. Off-premises
signs, including billboards, except off-site open house signs erected
in compliance with the standards specified in paragraph B.15 of this
section and digital displays erected in compliance with the standards
specified in paragraph B.26 of this section.
8. Any
sign displaying obscene, indecent, or immoral matter as defined under
the California
Penal Code.
9. Signs
on awnings or canopies except on the valance.
10. Signs that create a hazard by obstructing clear views of pedestrian
and vehicular traffic.
13. Any sign (generally known as a "snipe sign") tacked, nailed, posted,
pasted, glued, or otherwise attached to trees, poles, stakes, fences,
or the exterior of a building or other structure, where the information
appearing thereon is not applicable to the present use of the premises
upon which such sign is located. Whenever a sign is found so placed,
the same shall constitute prima facie evidence that the person benefited
by the sign placed or authorized the placement of the sign.
15. Banners, including any banner inside a building that is attached
to, leaning against, or otherwise placed within 10 feet of a window,
door, or other opening in the façade of the building in a manner
so as to present a message to or attract the attention of the public
on adjoining streets, walkways, malls or parking lots available for
public use.
16. Roof signs and any other graphics which extend, wholly or in part,
above the eave line of the structure to which it is attached.
17. Any parapet or pergola sign placed above or partially above the parapet
or pergola.
18. Logo signs with courtesy panels.
20. Signs which cover or interrupt architectural features.
21. Signs containing changeable copy, except theater marquee signs, business
directories, church and museum signs, gas price signs and restaurant
interior menu boards.
22. Historical markers placed on the structure, tree or other historical
monument itself, except as approved by the Historic Landmarks Commission.
24. Exposed cabinet/raceways behind channel letters.
25. Inflatable signs, except for balloon displays exempted by this chapter.
26. Unless otherwise exempted by this chapter, digital displays, including
any digital display inside a building that is attached to, leaning
against, or otherwise placed within 10 feet of a window, door, or
other opening in the façade of the building in a manner so
as to present a message to or attract the attention of the public
on adjoining streets, walkways, malls or parking lots available for
public use.
D. General
requirements.
1. No
sign, other than a sign installed by a public agency, shall be allowed
to be erected, installed, placed or maintained in or on any public
property, including sidewalks and parkways, except offsite open house
signs erected in compliance with the standards specified in paragraph
B.15 of this section.
2. Churches,
schools, and other public or semi-public facilities may have one on-site
sign not exceeding 18 square feet in any area, provided that, except
for the name of the premises, the lettering shall not exceed three
inches in height, and such signs in residential zones shall not be
internally illuminated.
3. Any
sign which is supported by more than one means and therefore cannot
be clearly defined as a ground, marquee, wall, roof, projecting or
other sign shall be administratively assigned to the sign category
most logically applicable and be subject to the corresponding standards.
4. Accessory
signs will be considered only if they are designed in conjunction
with or made an integral part of the signing existing on the subject
building or project. Said signs shall not exceed 25% of the building's
total signage.
5. A temporary window sign in excess of four square feet, or 15% of the window area of each façade, whichever is greater, requires a permit, unless the sign is otherwise exempt from the permit requirements of this chapter. For a window which is more than 25 feet from the public right-of-way, such a sign shall not exceed 25% of the window area. Such signs shall not be displayed for more than 30 consecutive days nor for more than a total of 60 days per calendar year. Unless specifically exempted in subsection
B of this section, all illuminated signs erected within 10 feet of a window, door, or other opening in the façade of a building in a manner so as to present a message to or attract the attention of the public on adjoining streets, walkways, malls, or parking lots available for public use shall require a permit.
6. Only
one face of a double-faced sign with parallel opposing faces, and
bearing identical copy or language translation, shall be used in computing
the area of a sign. Signing and illumination shall be on two opposing
faces only.
7. In
order to calculate the size of a sign, the following provisions apply:
a. If the sign is enclosed by a box or outline, the area of the sign
includes that portion of the sign comprised of said box or outline.
b. If the sign consists of individual letters attached directly to the
building or wall, the size is calculated by drawing a rectangle around
each line of copy.
c. If the sign is a ground sign, the base or support structure shall
be included in calculating the height of the sign.
8. If
a building consists of two or more above-ground stories, no sign shall
be allowed more than five feet, six inches (5′6″) above
the second floor line or in conformance with paragraph 11 below, where
applicable.
9. Prior
to issuance of a sign permit, a ground sign shall be approved by the
traffic engineer to ensure that placement of the sign would not adversely
affect traffic or pedestrian safety.
10. A non-temporary window sign shall be not larger than 25% of the window
area of the façade on which it is displayed.
11. A wall sign may be attached flat against or pinned away from the
wall. A wall sign placed in the space between windows on the same
story shall not exceed more than 2/3 of the height of the window,
or major architectural details related thereto. A wall sign placed
between windows on adjacent stories shall not exceed 2/3 the height
of the space between said windows.
12. A projecting or hanging sign must clear the nearest sidewalk by a
minimum of seven feet and may project no more than four feet into
the public right-of-way. Such a sign for a business in the second
story of a building is allowed only if the business has a separate
street or public parking lot entrance and may be placed at the entrance
only.
13. A device displaying time or temperature is permitted in all zones
except residential zones and designated historic districts, subject
to the provisions herein regulating various types of signs. Such devices
are limited to one per block. Only a logo is allowed to appear on
the same structure as such a device.
14. A kiosk is permitted in all nonresidential zones, subject to approval
by the Sign Committee and (i) the Historic Landmarks Commission if
within El Pueblo Viejo Landmark District or another landmark district,
or (ii) the Architectural Board of Review in other parts of the City.
15. A relocated sign shall be considered to be a new sign, unless the
relocation is required by a public agency as a result of a public
improvement, in which case approval shall be obtained only for the
new location and base of the sign.
16. Except as otherwise stated in this chapter, letter height shall be
limited to a maximum of 12 inches, except where it can be found that
said letter size is inconsistent with building size, architecture
and setback from the public right-of-way.
17. A ground sign which exceeds six square feet in area shall not be
located within 75 feet of any other ground sign.
18. All signs on parcels immediately adjacent to El Pueblo Viejo Landmark
District are subject to El Pueblo Viejo regulations.
(Ord. 4259, 1984; Ord. 4338, 1985; Ord. 4382, 1986; Ord. 4484, 1987; Ord. 4850, 1994; Ord. 4860, 1994; Ord. 4917, 1995; Ord. 5236, 2002; Ord. 5549, 2011; Ord. 5552, 2011; Ord. 5798, 2017)
A. General
requirement. All signs shall conform to the following standards.
1. Residential
Uses. The following sign standards shall apply to any residential
use in any zone in the City:
a. An apartment or condominium project identification sign identifying
an apartment or condominium complex by name or address. One such sign
shall be allowed for each complex, shall not exceed 10 square feet
in size if less than 25 units, nor 25 square feet if larger than 25
units, and shall not be internally illuminated.
b. The Sign Committee may authorize one ground sign or wall sign, not
to exceed an area of 24 square feet, to identify a neighborhood or
subdivision, other than an apartment or condominium project, at the
entrance to such subdivision or neighborhood. Such sign shall not
be internally illuminated.
c. Any existing legal nonconforming use in a residential zone may have
one-half (½) the number and size of signs as are allowed in
commercial zones.
2. Office
Uses. The following sign standards shall apply to office uses in any
zone:
a. The aggregate area for all signs identifying a building or complex
shall not exceed one-half (½) square foot of sign area per
linear foot of building frontage or 20 square feet, whichever is less.
b. Establishments within an office building or complex may collectively
place a directory sign at each public entrance to said building listing
establishments within.
c. An office complex which maintains a group identity shall submit to
the Sign Committee a sign program for all signs proposed within the
complex. Upon approval, the sign program shall apply to all tenants.
This sign program shall be included as a provision in the lease for
each individual tenant. Proof of said inclusion in the standard lease
for the office complex shall be submitted to the Planning Division
by the lessor.
3. Commercial
and Industrial Uses. The following sign standards shall apply to commercial
and industrial uses, including hotels and motels in any zone:
a. The total area for all signs identifying a business shall not exceed
the following:
i. For a dominant building frontage up to 100 linear feet, one square
foot of sign area per linear foot of building frontage, or 65 square
feet, whichever is less.
ii. For a dominant building frontage with more than 100 linear feet,
three-quarters (3/4) square foot of sign area per linear foot of dominant
building frontage or 90 square feet, whichever is less.
iii.
For a building occupied by more than one tenant, the dominant
building frontage for each business is that portion of the building
elevation adjacent to the business. For a business which is not on
the ground floor, one-half (½) square foot of sign area per
linear foot of dominant building frontage is permitted.
b. For a commercial or industrial complex containing four or more occupants,
the following sign standards apply:
i. One sign per frontage to identify the commercial or industrial complex,
allowing one square foot of sign area per linear foot of complex frontage
or 75 square feet, whichever is less, on the dominant facade.
ii. For each individual business with frontage on a public street or
parking lot, one-half (½) square foot of sign area per linear
foot or 25 square feet, whichever is less.
iii.
One directory sign not exceeding 10 square feet in size may
be allowed at each public entrance.
iv. A commercial or industrial complex which maintains a group identity
shall submit to the Sign Committee a sign program for all signs proposed
within the complex. Upon approval, the sign program shall apply to
all tenants. This sign program shall be included in the lease for
each individual tenant. Proof of said inclusion shall be submitted
to the Planning Division by the lessor.
B. El
Pueblo Viejo Landmark District. Signs in El Pueblo Viejo Landmark
District (EPV) shall contribute to the retention or restoration of
the historical character of the area. In addition to the other standards
and restrictions in this chapter, signs in EPV shall comply with the
following:
1. Colors shall be consistent with the Hispanic styles specified in Chapter
30.57.
2. The typeface used on all signs in EPV shall be consistent with the Hispanic styles specified in Chapter
30.57, except that where the business logo or trademark uses a particular typeface, it may be used.
3. Letter
height shall be limited to a maximum height of 10 inches, except where
it can be found that said letter size is inconsistent with building
size, architecture, and setback from the public right-of-way.
4. No internally illuminated signs, except back-lit signs, are allowed. Traditional materials and methods are to be used as defined in Chapter
22.70 and described in subsection B.5 below. Internally illuminated projecting cabinet signs are prohibited.
5. The
choice of materials is left to the discretion of the applicant, subject
to the approval of the Sign Committee; however, the following materials
and/or methods are acceptable and desirable:
a. Sign face, supports, and standards made of resawn or rough sawn wood
and/or wrought iron with painted or stained backgrounds and lettering.
b. Sign face, supports, and standards made of smooth wood trimmed with
moldings of historically based design and lettering.
c. Signs painted directly on the face of the building.
e. Use of wood cutouts, wrought iron, or other metal silhouettes further
identifying the business.
g. Lighting standards and style typical of the building's architecture
and period.
h. Flush or inset mounted signs of tile or stone.
6. The
following materials and details are not acceptable:
a. Contemporary finish materials such as plastics, aluminum, and stainless
steel.
b. Imitation wood or imitation marble.
d. Spot lights, neon tubing, and exposed electrical conduits on the
exterior of any building or structure.
e. Neon tubing, light rope, or similar illuminated displays located
within 10 feet of any window (except "open" signs as provided in Section
22.70.030.B.12 and "no vacancy" signs as provided in subsection B.7
below).
7. For
hotels and motels in the El Pueblo Viejo Landmark District (EPV),
a single neon "No Vacancy" sign shall be allowed if the following
conditions are met:
a. Only one double-faced neon "No Vacancy" sign per property or business.
b. Letter size to be three inches maximum height.
c. Tube size to be 12 mm. maximum diameter.
d. Neon color to be clear red.
8. Landscaping:
a. Landscaping in EPV shall conform to the El Pueblo Viejo Guidelines'
list of preferred plants.
b. Low shrubs or dense ground cover is required to conceal non-decorative
lighting fixtures.
c. Irrigation plans shall be included where applicable.
(Ord. 4101, 1981; Ord. 4259, 1984; Ord. 4484, 1987; Ord. 4860, 1994; Ord. 4917, 1995; Ord. 5549, 2011)
A. Application.
Any person desiring to construct, maintain or display a sign for which
a permit is required shall submit an application to the Planning Division
of the Community Development Department. The application shall be
made upon forms provided by the Community Development Department and
shall be accompanied by the following materials:
1. Two
copies of a plan showing:
a. The position of each sign and its relation to adjacent buildings
or structures.
b. The proposed design, size, colors, and location on the premises of
each sign including the type and intensity of any proposed lighting.
2. A
statement showing the sizes and dimensions of all signs existing on
the premises at the time of making such application.
3. Such
other information as the Director of the Community Development Department
may require to show full compliance with this and all other ordinances
of the City of Santa Barbara.
4. A
written authorization to submit the sign permit application signed
by the property owner or lessee.
B. Fees.
The sign permit application shall be accompanied by the appropriate
fee established by the City Council by resolution. If installation
of a sign is commenced before an application for a permit is made
or before the plans are approved by the Sign Committee, the applicant
shall be charged an additional field inspection fee equal to the permit
fee.
C. Processing
applications.
1. Community
Development Department staff shall review the application and accept
it as complete or reject it as incomplete within three working days
from the date of filing.
2. No
sign permit application will be accepted if:
a. The applicant has installed a sign in violation of the provisions
of this chapter and, at the time of the submission of the application,
each illegal sign has not been legalized, removed or included in the
application; or
b. Any sign under the control of the applicant on the premises of the
proposed sign was installed in violation of this chapter and at the
time of submission of the application, each illegal sign has not been
legalized, removed or included in the application; or
c. The sign permit application is substantially the same as an application
previously denied by staff or the Sign Committee or, on appeal, by
the Historic Landmarks Commission, the Architectural Board of Review,
or the City Council, unless:
i. 12 months have elapsed from the date of the final decision on the
application; or
ii. New evidence or proof of changed conditions is furnished in the new
application.
3. Assignment of Level of Review. Community Development staff will review each sign permit application and assign each complete application to one of two review categories: Conforming Review or Full Committee Review. Sign permit applications will be assigned to Conforming Review based on the criteria found in subsection
E of this section. Sign permit applications that are not assigned to conforming review will be assigned to Full Committee Review including applications that involve multiple exception requests, a large number of signs, or a large volume of signage.
D. Building
and electrical permits. After a sign has been approved by the Sign
Committee, the applicant shall obtain all required building and electrical
permits from the Building and Safety Division of the Community Development
Department.
E. Conforming
sign review.
1. Sign
Conformance Determination. Applications which meet the following criteria
shall be referred by Staff for Conforming Review:
a. Signs where the size, shape, color, placement, and any lighting of
the sign are consistent with adopted guidelines;
b. Signs located within El Pueblo Viejo Landmark District that comply with the requirements of Section 22.70.040.B and would be compatible with the required architectural style described in Section
30.57.030;
c. Minor wording, name, color and/or face changes which do not affect
the character or location of a sign;
d. Signs for a commercial or industrial complex where a previously approved
sign program is in effect and the proposed sign conforms to the program;
e. Thirty day extension of temporary signage;
f. Conceptually approved signs, if all Committee conditions are met;
and
2. Conforming
Review. Conforming reviews are conducted by the Chair of the Sign
Committee, the Vice-Chair of the Sign Committee, or a designated alternate.
If the conforming reviewer cannot approve an application, the conforming
reviewer shall refer the application to Full Committee Review.
F. Full
committee review. Full Committee Review is conducted by a quorum of
the Sign Committee. The Sign Committee shall take action to approve,
conditionally approve or deny an application within 21 days from the
date of acceptance thereof. If no action is taken by the Sign Committee
within said period or within any extension approved by the applicant,
the application shall be deemed approved as submitted, provided the
proposed sign otherwise complies with the provisions of this chapter.
After initial review, the Committee may refer all or a portion of
an application to Conforming Review, if the Committee deems it appropriate.
G. Standard of review and findings. Conforming Review and Full Committee Review are conducted using the review criteria provided in subsection
H below and making the findings required in subsection
I of this section.
H. Sign
review criteria.
1. In
reviewing a sign permit application, the Sign Committee or the conforming
reviewer shall apply the following criteria as the basis for action:
a. The sign shall be in proportion with and visually consistent with
the architectural character of the building.
b. The sign shall not constitute needless repetition, redundancy or
proliferation of signing.
c. The location of the proposed sign and the design of its visual elements
(lettering, colors, decorative motif, spacing and proportion) shall
result in a sign which is legible under normal viewing conditions
existing at the sign's proposed location.
d. The sign shall not obscure from view or unduly detract from existing
signing.
e. If the proposed sign will be adjacent to, in or near a residential
area, it shall be harmonious and compatible with the residential character
of the area.
f. The size, shape, color and placement of the sign and any lighting
shall be compatible to and harmonious with the building which it identifies
and with the area in which it will be located.
g. If the sign is to be located in El Pueblo Viejo Landmark District, the sign shall comply with the requirements of Section 22.70.040.B and shall be compatible with the required architectural style described in Section
30.57.030.
2. If
a sign permit application satisfies the above criteria and complies
with the other provisions of this chapter, it shall be approved.
I. Findings.
If a sign permit application is denied, specific and detailed findings
setting forth the reasons why the proposed sign violates the criteria
set forth above or other provisions of this chapter shall be prepared
in writing and mailed to the applicant or his or her agent and sign
contractor within seven days.
J. Appeals.
The applicant or any interested person may appeal decisions concerning
sign permit applications as follows:
1. Appeals
to the Architectural Board of Review or the Historic Landmarks Commission.
Any action of the Sign Committee or of the Division staff may be appealed
by the applicant or any interested party to the Architectural Board
of Review or, if the sign is in El Pueblo Viejo Landmark District
or if the sign is proposed on a site that is a designated historic
resource or potential historic resource, to the Historic Landmarks
Commission. Said appeal shall be in writing, shall state reasons for
the appeal and shall be filed with the staff of the Architectural
Board of Review or the Historic Landmarks Commission within 10 days
of the meeting at which the decision being appealed was rendered.
A hearing shall be held by the Architectural Board of Review or the
Historic Landmarks Commission, as appropriate, at the first available
meeting of the Architectural Board of Review or the Historic Landmarks
Commission following the filing of the appeal.
a. Notice of Appeal. Notice of the time and place of the hearing shall
be sent to the applicant and appellant no later than five days prior
to said hearing. The Board or Commission may affirm, reverse or modify
the decision of the Sign Committee or staff concerning the sign permit
application. Said action shall take place within 28 days from the
date of the filing of the appeal. Failure to act within said period
will result in the sign permit application being deemed approved to
the extent that it complies with the provisions of this chapter. Upon
such an automatic approval, the Building and Safety Division shall
issue the permit. No member of the Board or Commission who is also
a member of the Sign Committee and who participated in the decision
of the Sign.
b. Limits on New Evidence. The Architectural Board of Review or the
Historic Landmarks Commission will decide the appeal in the exercise
of its independent judgment based upon a review of the record of the
proceedings before the Sign Committee. New evidence will not be considered
unless the Architectural Board of Review or the Historic Landmarks
Commission determines that relevant evidence exists that, in the exercise
of reasonable diligence, could not have been produced or was improperly
excluded at the hearing before the Sign Committee.
2. Appeal to the City Council. An appeal to the City Council from the decision of the Architectural Board of Review or the Historic Landmarks Commission shall be made pursuant to the provisions of Section
1.30.050 of this Code.
a. Limit of New Evidence. The City Council will decide the appeal in
the exercise of its independent judgment based upon the record of
the proceedings of the Architectural Board of Review or the Historic
Landmarks Commission. New evidence will not be considered unless the
City Council determines that relevant evidence exists that, in the
exercise of reasonable diligence, could not have been produced or
was improperly excluded at the hearing before the Architectural Board
of Review or the Historic Landmarks Commission.
K. Expiration
of pending application. Signs must be installed within six months
of the date of approval or the approval is void, unless the applicant
has requested and received an extension not exceeding six months from
the Community Development Director.
(Ord. 4101, 1981; Ord. 4259, 1984; Ord. 4484, 1987; Ord. 4850, 1994; Ord. 4917, 1995; Ord. 5136, 1999; Ord. 5444, 2008; Ord. 5537, 2010; Ord. 5791, 2017; Ord. 6005, 2021)
A. Grounds.
Any permit issued under this chapter may be revoked by order of the
City Council when it is shown by substantial evidence that:
1. The
permit was issued without or in excess of the authority provided in
this chapter. Permittee shall be compensated for any and all costs
incurred as a result of said revocation to the extent it occurs through
no fault of the permittee.
2. The
application for a permit contained any material misrepresentation
of fact.
B. Hearing.
Prior to revoking a sign permit, the City Council shall hold a hearing
concerning said revocation. Written notice of said hearing shall be
given to the permittee not less than 10 days prior to the date of
said hearing. Following the hearing, if the City Council revokes the
sign permit, it shall adopt findings setting forth the basis for its
decision. The findings shall be mailed to the permittee.
(Ord. 4259, 1984; Ord. 4484, 1987)
A. Application.
When a person desires to erect a sign which does not comply with the
provisions of this chapter, he or she shall file an application for
an exception. An application for an exception shall be filed with
a sign permit application, shall be accompanied by a fee established
by the City Council by resolution, shall state the specific section
or sections of this chapter which the applicant desires to have waived,
and shall state the grounds for the exception.
B. Grounds.
Before an exception may be granted, the following shall be shown:
1. There
are exceptional or extraordinary circumstances or conditions applicable
to the property involved, or to the intended use of the property,
that do not apply generally to other properties in the vicinity.
2. The
granting of the exception will not be materially detrimental to the
public welfare or injurious to the properties or improvements in the
vicinity.
3. The
proposed sign is in conformance with the stated purpose and intent
of the Sign Ordinance.
C. Hearing.
A hearing on the exception application shall be held by the Sign Committee
prior to considering the sign permit application. The time limits
for the Sign Committee's action shall be the same as those set forth
in Section 22.70.050.F of this chapter.
D. Appeal.
The provisions for the appeal of the decision of the Sign Committee
concerning an exception application shall be the same as those set
forth in Section 22.70.050.J.
(Ord. 4101, 1981; Ord. 4259, 1984; Ord. 4484, 1987; Ord. 5791, 2017)
A. Definition.
Every sign legally in existence on the effective date of (1) the ordinance
adopting this chapter; or (2) any ordinance amending this chapter,
which violates or does not conform to the provisions of such ordinance
or any such amendment, shall be a "nonconforming sign."
B. General
provisions. A nonconforming sign may not be:
1. Changed
to another nonconforming sign.
2. Structurally
altered so as to extend its useful life.
C. Removal.
1. A
sign which does not conform to the provisions of this chapter, but
which legally existed and was maintained on January 1, 1976, and which
did not conform to provisions of the Sign Ordinance in effect at that
time shall be removed or made to conform within 180 days after written
notice from the Community Development Department. Said 180-day period
shall be extended in the following circumstances:
a. The owner of a nonconforming sign submits to the Community Development
Department a declaration signed under penalty of perjury, on a form
provided by the Community Development Department, stating that he
or she intends to terminate the business identified by said sign within
12 months of the date of the notice from the Community Development
Department.
b. The owner agrees in writing, on a form provided by the Community
Development Department, to voluntarily remove said sign upon the expiration
of the 12-month period described in paragraph (a) above or the date
he or she terminates his or her business, whichever occurs first,
and further agrees as consideration for this further extension of
time to remove said sign(s) to waive any and all rights he or she
may have to challenge the validity of the provisions of this section.
2. A
sign which becomes nonconforming upon the effective date of (i) the
ordinance by which this chapter is adopted, or (ii) an ordinance amending
this chapter shall be removed or made to conform within 60 days after
written notice by the Community Development Department upon change
of use of the premises.
3. Exceptions
to the provisions of this section shall be granted by the Sign Committee
upon the application of any owner of an on-site sign who presents
substantial evidence showing the following:
a. There are exceptional circumstances applicable to the property on
which the nonconforming sign is located, including size, shape, topography,
location, or surroundings which make it practically impossible to
effectively identify the property to the public if strict application
of all the provisions of this chapter is required; or
b. The original cost of the sign has not been fully amortized for tax
purposes under Section 167 of the Internal Revenue Code by the sign's
original owner. Such exception shall only be granted until completion
of amortization pursuant to Section 167. Request for such extension
shall be supported by legal documents, sworn statements, affidavits
or other documents clearly establishing the need for additional time
to amortize the original cost of the sign; or
c. The sign possesses unique features which make it a significant part
of the historical heritage of the area in which it is located.
4. Denial
of a request for an exception may be appealed pursuant to the provisions
of Section 22.70.050.J.
(Ord. 4101, 1981; Ord. 4259, 1984; Ord. 4484, 1987; Ord. 5791, 2017)
A. Non-current
signs. Any sign, including its supporting structure, which no longer
identifies the current occupant or which otherwise fails to serve
its original purpose after a lapse of three months shall be deemed
to be a public nuisance and shall be removed by the owner of the property
on which it is located upon 30 days written notice by the Community
Development Department.
B. Unsafe
signs. Any sign that, in the opinion of the City Building Official,
is unsafe or insecure shall be deemed a public nuisance and shall
be corrected or removed, together with any supporting structure, by
the owner of the property on which the sign is located, within 10
days written notice by the Community Development Department.
C. Illegal
signs. Any sign, including its supporting structure, which is installed
or maintained on private property in violation of this chapter shall
be deemed to be a public nuisance and shall be removed by the owner
of the property on which it is located upon 30 days written notice
by the Community Development Department.
D. Failure to abate. In the event the property owner has not begun removal of the sign and its supporting structure within the time limits set forth in subsections
A,
B, and
C above, Community Development Department Staff shall cause to be filed for record with the County Recorder a Notice of Intention to Record a Notice of Order to Abate describing the real property, naming the property owner thereof, describing the violation and giving notice of a City Council hearing. Community Development Department Staff shall give written notice by personal delivery or mail to the property owner that the City intends to carry out the removal of the sign and supporting structure and have the cost of said removal be made a charge against the property owner and lien against the property, unless the sign is removed, repaired or reconstructed so as to eliminate the condition that is violative of this chapter. Community Development Department Staff shall also advise the property owner that he or she has a right to a scheduled hearing before the City Council of the City of Santa Barbara for the purpose of final determination that the sign is non-current, illegal or unsafe as defined under this section. Said hearing shall begin no later than 30 days after the date of the personal delivery or mailing of the notice and may be continued by the City Council.
E. Findings.
Upon completion of the hearing, the City Council shall find as to
the fact that the sign is a non-current, illegal or unsafe sign and
upon such fact being found shall determine that the sign shall be
removed, repaired, or reconstructed by the property owner within a
prescribed time or the City shall cause the sign and supporting structure
to be removed. Said determination shall be made based upon the evidence
presented and a report from the Community Development Director regarding
the existing condition of the sign, the estimated costs of repair,
reconstruction and/or removal. If the City Council makes such a determination,
written findings and an order shall be approved. After said hearing,
the City Clerk shall cause to be filed a Notice of Order to Abate
with the County Recorder and shall give all parties who have a recorded
interest in the property notice of such recordation by mail.
F. Duties
of public works director. The Public Works Director shall, after completion
of the hearing and approval of the findings by the City Council that
the sign is non-current, illegal or unsafe, and after the failure
of property owner to remove, repair or reconstruct the sign within
the prescribed time as set forth in the order, obtain the necessary
services by contract or by using City forces to carry out the removal
of the sign and its supporting structure as directed by the City Council.
A record shall be kept of all costs incurred by the City including
time spent for the preparation of plans and the supervision of the
work to carry out the removal of the sign and supporting structure.
Upon completion of said efforts, the Public Works Director shall file
a report with the City Council as to the costs incurred. The property
owner shall be provided a copy of said report, notice of a hearing
before the City Council, and an opportunity to appear before the City
Council to be heard regarding the reasonableness of the costs incurred
by the City.
G. Costs
to be borne by property owner, person benefitted by the sign. Upon
completion of the hearing before the City Council as to the reasonableness
of the costs, the City Council shall determine the reasonable costs
incurred by the City to remove the non-current, illegal or unsafe
sign and in the case of private property, the property owner shall
be advised of said amount which shall be due and payable to the City.
Upon request of the property owner, the City may agree to a mutually
acceptable payment schedule. In the case of signs on public property,
the costs of removal shall be borne by the person benefited by the
sign.
H. Lien.
In the event the amount determined to be due and payable to the City
is not paid within 30 days after the determination by the City Council
or as otherwise agreed, said amount shall become a charge against
the property involved. The City Administrator shall thereafter cause
the amount of said charge to be recorded on the assessment roll as
an assessment and lien against and upon the property. Any portion
of said assessment remaining unpaid after the due date for payment
thereof shall be subject to the penalties and proceedings then in
effect for property taxes due within the City of Santa Barbara.
I. Interest charges. The City shall be entitled to interest at the rate applicable for unpaid taxes on all costs incurred by the City as determined pursuant to subsection
F of this section.
J. Signs
on public property. Any sign, including its supporting structure,
which is installed, placed or maintained on public property, other
than a sign installed by, or with the permission of a public agency,
is illegal and subject to removal. The person benefited by the sign
shall receive notice of the violation and must remove the sign within
the time stated in the notice. If the sign remains at the end of the
stated period, the sign will be removed in accordance with the provisions
of Section 22.70.090.E. Costs for such removal shall be borne by the
person benefited by the sign.
(Ord. 4101, 1981; Ord. 4259, 1984; Ord. 4484, 1987; Ord. 4917, 1995)
A. Vending machines within the public rights-of-way. No owner of real property shall install, operate, or maintain a vending machine which is located on or encroaches within or over a City public right-of-way, such as a City street, sidewalk, paseo, or alleyway except for those machines which encroach in the public right-of-way on the date of the enactment of this amendment to Chapter
22.70, provided that the owner or operator of such an encroaching vending machine obtains a vending machine license agreement pursuant to the requirements of Chapter
9.48 within one year of the adoption of this amendment and provided that such machine dispenses drinking water only.
B. Vending
machines in a City Landmark District. No owner of real property located
within a City Landmark District (as such districts are designated
by Chapter 22.22) shall install, operate, or maintain a vending machine
upon such real property under circumstances where the vending machine
is readily visible from an area accessible to public.
C. Vending
machines - nonresidential uses.
1. Generally.
No owner of real property located outside of a City Landmark District
shall install, operate, or maintain a vending machine on such real
property under circumstances where the machine is readily visible
from an area accessible to the public unless and until the property
owner or vending machine operator (or an authorized agent thereof)
has obtained the permits required by this section and has completed
the design review and approval required by this section, where applicable.
No business shall be allowed or permitted to have more than four vending
machines at each business location.
2. Residential
Properties. No owner of real property used exclusively for residential
purposes shall install, operate, or maintain a vending machine upon
such property.
D. Review
and issuance of vending machine permits.
1. Machine
Locations with Not More Than Two Vending Machines. A vending machine
which is visible from an area readily accessible to the public may
be installed, operated, and maintained on real property zoned or being
used for nonresidential purposes and located outside of a City Landmark
District only under the following circumstances:
a. No More Than Two Machines. The real property upon which the machine
will be located will have no more than two vending machines installed
or operated upon the same location at any one time; and
b. Necessary Permits. The owner or operator of the vending machine has
obtained a building permit from the City Building and Safety Division
and a vending machine sign permit from the City Sign Committee in
accordance with the procedures established for sign permits set forth
herein; and
c. Size and Machine Panel Design. The size, design, and the use of illumination
for the vending machine is installed in full compliance with the City's
Outdoor Vending Machine Design Guideline requirements for unscreened
vending machines.
d. Signage Illumination. A vending machine may not have signage which
is internally illuminated.
2. Machine
Locations with More Than Two Vending Machines. A vending machine which
is readily visible from an area accessible to the public may be installed,
operated, and maintained on nonresidential real property located outside
of a City Landmark District where the real property will have more
than two vending machines but less than five machines only under the
following circumstances:
a. ABR Design Review. The owner or operator of the vending machine has
obtained design and screening review and approval from the City Architectural
Board of Review and the machine is installed in full compliance with
the City's Outdoor Vending Machine Design Guidelines; and
b. Required Permits. The owner or operator of the vending machine has
obtained both a building permit from the City Division of Building
and Safety and a sign permit in accordance with the procedures established
for sign permits set forth herein from the City Sign Committee for
the machine; and
c. Compliance with Conditions of Approval. The vending machine is installed
and maintained in accordance with any conditions of approval issued
by either the Sign Committee or the ABR in connection with the approved
permits or design review.
d. Automobile Service Station Locations. The real property is not being
used as a gasoline service or automobile service station.
3. Vending
Machines in a Shopping, Office, or Industrial Center. Vending machines
located on real property being used as a Commercial, Office, or Industrial
Complex (as defined in Section 22.70.020.I) may be permitted only
pursuant to a Complex Vending Machine Program approved by the Sign
Committee in a manner similar to the Sign Committee's review and approval
of Complex Sign Programs pursuant to Section 22.70.040.A.3.b and where
such machines are designed and located in accordance with the City's
Outdoor Vending Machine Design Guidelines.
E. Outdoor
vending machine design guidelines.
1. Adoption
of Machine Design and Locational Guidelines. Within 30 days of the
adoption of the ordinance enacting this section, the City Council
shall approve Outdoor Vending Machine Design Guidelines which shall
be approved pursuant to a resolution of the City Council.
2. Exceptions
to Guideline Requirements. Upon the written request of an applicant
for an outdoor vending machine permit, the Sign Committee, or, where
applicable, the City's Architectural Board of Review may grant appropriate
exceptions to the Outdoor Vending Machine Design Guidelines provided
that all of the following grounds for the exception are determined
to be applicable:
a. There are exceptional or extraordinary circumstances or conditions
applicable to the real property involved which do not apply generally
to other real properties in the vicinity.
b. The granting of the exception will not be materially detrimental
to the public welfare or injurious to the properties or improvements
in the vicinity.
c. The proposed vending machine installation is in conformance with
the stated purpose and general intent of the Outdoor Vending Machine
Design Guidelines and this chapter.
d. A public benefit will be derived from the proposed outdoor vending
machine location and a hardship otherwise exists due to the physical
constraints of the site which make the strict application of City
vending machine requirements impractical or not readily feasible.
F. Compliance
established by vending machine permit sticker. Compliance with the
requirements of this section shall be conclusively established by
the City's issuance of an appropriate permit sticker which shall be
posted or affixed to and maintained on the permitted vending machine
by the operator thereof and which shall serve as conclusive proof
of compliance with the requirements of this section.
G. Vending
machines installed prior to adoption. Except with respect to the prohibition
on internally illuminated signage contained in paragraph D.1.d of
this section, the requirements of this section (including the Outdoor
Vending Machine Design Guidelines) shall be applicable to any vending
machines installed prior to the adoption of the ordinance enacting
this section upon the expiration of one year after the effective date
of the ordinance. Permit applicants may be granted additional time
for compliance with the requirements of this chapter (not to exceed
one year) by the Community Development Director upon a showing by
the applicant of due diligence in seeking to obtain the permits and
design review required by this chapter.
H. Appeals.
A decision of the Sign Committee or a decision of the Architectural
Board of Review made pursuant to this section may be appealed in accordance
with the applicable appeal procedures of Section 22.70.050.J.
I. Definition
of "readily visible to the public." For the purposes of this section,
the phrase "readily visible to the public" shall mean that a majority
of the face panel of a vending machine can typically, reasonably,
and usually be observed by an average person standing or traveling
upon a City public right-of-way or visible from a parking or other
area generally open for public use, including those vending machines
which are located indoors but visible and less than four feet from
a window. Where necessary whether a machine is "readily visible to
the public" may be determined by the Community Development Director.
(Ord. 5236, 2002; Ord. 5791, 2017)
A. Enforcement.
1. Every
sign erected in the City shall be subject to inspection by the Community
Development Director, or his or her deputy, to insure compliance with
all provisions of the Sign Ordinance.
2. With
respect to all signs existing on the effective date of this chapter,
and to all signs constructed, maintained, displayed, or altered after
the effective date of this chapter, it shall be the duty of the Community
Development Director to enforce this chapter.
3. It
shall be the duty of the Community Development Director to enforce
this chapter for any signs installed contrary to the approved plans
or to any conditions imposed by the Sign Committee.
4. The
Community Development Director or any of his or her deputies shall
have the right to enter upon any premises upon which any sign has
been erected to enforce compliance with the provisions of this chapter
and to cause the removal of any sign maintained in violation of this
chapter. Whenever a sign is installed, erected or maintained in violation
of this chapter, the same shall constitute prima facie evidence that
the person benefited by the sign placed or authorized the placement
of the sign and shall be held responsible therefore.
B. Penalties. Any person who violates the provisions of this chapter shall be subject to the penalties described in Chapter
1.28 of the Santa Barbara Municipal Code.
(Ord. 4259, 1984; Ord. 4484, 1987)