For the purposes of carrying out the purposes and intent of
this chapter, the meanings of the following words/terms and phrases
shall be as ascribed to them herein; further provided that, when not
inconsistent with the context, words used in the present tense include
the future, words used in the singular number include the plural number,
and words used in the plural number include the singular number. Words
used in the masculine gender include the feminine gender, and words
used in the feminine and/or neuter gender include the masculine and/or
neuter gender. The word "shall" is always mandatory and not merely
directory.
"Advertising display"
means any structure device or sign, erected or maintained
either wholly or in part for outdoor advertising purposes, including,
but not limited to, any sign, flag, banner, pennant, statuary, balloon,
spotlight, searchlight, or other device located either on-or off-site,
which is intended or designed to identify, advertise, or promote the
sale of goods, materials or services or the location thereof.
"Advertising structure"
means a structure of any kind or character erected or maintained
for outdoor advertising purposes, upon which any poster, bill, printing,
painting or other advertisement of any kind whatsoever may be placed,
including statuary, for advertising purposes.
Advertising structure does not include:
1.
Official notices issued by any court or public body or officer;
2.
Notices posted by any public officer in performance of a public
duty or by any person in giving legal notice;
3.
Directional, warning or information signs or structures required
by or authorized by law or by Federal, State, County, or City authority;
4.
A structure erected near a City or County boundary, which contains
the name of such City or County and the names of, or any other information
regarding civic, fraternal or religious organizations located therein.
"Banner," "flag," "pennant" or "balloon"
means any cloth, bunting, plastic, paper, or similar material
used for advertising purposes attached, or pinned onto, or from any
structure, staff, pole, line, framing, vehicle, or other object.
"Building face"
means any (front, rear, or side) vertical surface of a building
elevation in which the business is located. The area of the face of
a building shall be the total area of such surface, including the
area of doors and windows which open into such surface.
"Building frontage"
means that portion of a building on, adjacent to, or oriented
to a public right-of-way.
"Bulletin board"
means a board for displaying notices, posters, cards, sheets,
or other printed, illustrated, or written matter. Also within this
Code a freestanding sign for churches, schools, and official uses
which contains the name of the institution or organization and general
events or activities occurring at the institution.
"Canopy"
means a structural, ornamental, roof-like appendage, either
freestanding or attached to a building.
"City"
means the City of Upland.
"Design review"
means a formal process adopted by the City for review of
all components of design of sites, buildings, structures, and signs
to determine conformance with applicable City policies and standards.
"Erect"
means to build, construct, attach, hang, place, suspend,
or affix, and shall also include the painting of wall signs.
"Flagpole"
means a device utilized to display the California State and/or
United States flag(s).
"Freeway"
means a highway in respect to which the owners of abutting
lands have no right or easement of access to or from their abutting
lands, or in respect to which such owners have only limited or restricted
right or easement of access, and which is declared to be such in compliance
with the
Streets and Highways Code of the State of California.
"Frontage"
means the length of a lot along a street or other principal
public thoroughfare or freeway, but not including such length along
an alley, watercourse, or railroad.
"Grand opening"
means a promotional activity used by newly established businesses,
within 60 days after occupancy, to inform the public of their location
and contribution to the community. Grand opening does not mean an
annual or occasional promotion of retail sales by a business.
"Handbill"
means any pamphlet, circular, folder, booklet, petition,
letter, card, sheet, poster, sticker, dodger, or other written or
illustrated matter distributed by hand to the general public.
"Location"
means a lot or premises, building wall, or place upon which
a sign is erected, constructed or maintained.
"Logo"
means a visual symbol identifying the business or service
provided, which may be all or part of a sign.
"Multiple-occupancy site"
means a parcel of land as designated in the current assessor's
parcel map book, containing two or more separately, independently
owned or operated occupancies.
"Murals"
means an artistic picture or scene painted onto a building
wall or other structure, but containing no advertising message and
not associated with graffiti or related acts of vandalism.
"Nonstructural trim"
means the molding, battens, cappings, nailing strips, or
lattice which are attached to sign structures and are not part of
the sign copy.
"Person"
means any individual, firm, partnership, association, corporation,
company, or organization, singular or plural, of any kind.
"Relocation agreement"
means an agreement entered into between the City and an off-premises advertising display owner and/or property owner resulting in the removal, relocation, replacement and/or reconstruction of one or more lawfully existing off-premises advertising displays, including electronic changeable-copy signs, to another parcel of property within the City, or to reconstruct an off-premises advertising display on the same property, as approved by City Council, in accordance with Section
17.15.090. For purposes of this chapter, a relocated off-premises advertising display is not considered a new or additional off-premises advertising display, and "relocate" shall not be construed to mean moving an existing structure and/or advertising display face to a new location; all "relocated" off-premises advertising displays and associated advertising display faces shall be of new construction, and shall be constructed pursuant to a relocation agreement.
"Roof line"
means the top edge of a roof, mansard, or parapet wall of
any building or other structure, which forms the top line of the building
silhouette, exclusive of any sign tower.
"Setback"
means the distance between any building or structure, or
between any building or structure and any or all of the property lines
of the site upon which such building or structure is located.
"Setback line"
means a space or area between any public right-of-way and
an imaginary line on all building sites within which no buildings
or structures shall be erected, placed or located.
"Sign"
means any device, fixture, surface, or structure of any kind
or character, made of any material whatsoever, displaying letters,
words, texts, illustrations, symbols, forms, patterns, colors, textures,
shadows, or lights, or any other illustrative or graphic display designated,
constructed, or placed on the ground, on a building canopy, wall,
post, or structure of any kind, in a window, or on any other object
for the purpose of advertising, identifying, or calling visual attention
to any place, structure, firm, enterprise, profession, business, service,
product, commodity, person or activity, whether located on the site,
in any structure on the site, or in any other location.
1.
The term "placed"
means and includes constructing, erecting, posting, painting,
printing, tacking, nailing, gluing, sticking, sculpting, carving,
or otherwise fastening, affixing, or making visible in any manner
whatsoever.
2.
The term sign does not include the following:
1.
Official notices issued by any court or public body or officer;
2.
Notices posted by any public officer in performance of a public
duty or by any person giving legal notice;
3.
Directional, warning or information structures required by or
authorized by law or by Federal, State, County, or City official;
4.
A structure erected near a City or County boundary which contains
the name of such City or County and the names of, or any other information
regarding civic, fraternal or religious organizations located herein;
5.
The display of the flag of the United States or the flag of
the State of California, or any structure used exclusively for displaying
these flags;
6.
A table or other similar display containing merchandise, products
for sale, literature, pamphlets, or other written or printed information
available to the general public.
Sign, Animated.
"Animated sign" means a sign which is designed and constructed
to give a message through a sequence of progressive changes of parts
by either action and motion, flashing or color changes requiring electric,
wind, or manual energy.
Sign, Appurtenant.
"Appurtenant sign" means any sign which directs attention
to an occupancy, business, commodity, service, or entertainment conducted,
sold or offered only upon the premises where the sign is maintained
as distinguished from a sign which directs attention to or advertises
an occupancy, commodity, service, or entertainment supplied or originating
on other premises.
"Sign area"
means the entire area within a rectangle or series of rectangles
enclosing the extreme limits of writing, representation, emblem, or
any figure or similar character, together with any frame or other
material or color forming an integral part of the display or used
to differentiate such sign from the background against which it is
placed; excluding the necessary supports or uprights on which such
sign is placed, and superficial, nonilluminated column covers, ornamental
trim, and other such incidental objects attached thereto which are
not designed to convey a message; and excluding a reasonable amount
of nonencompassed open area. Where two such faces are placed back
to back and are at no point more than two feet from one another, the
area of the sign shall be taken as the area of one face, if the two
are of unequal area. In the case of spherical or cylindrical signs,
the area shall be one-half of the surface area of the signs. In the
case of semicylindrical signs, the surface area shall be the total
surface area.
Sign, Attached.
"Attached sign" means any sign which is supported wholly
by a building or structure, other than by a sign structure. Any roof
sign, as defined herein, shall be considered an attached sign. Any
sign extending less than 18 inches from the vertical surface of any
building or structure.
Sign, Awning.
"Awning sign" means a sign painted onto the canvas or valance
of an awning.
Sign, Banner.
"Banner sign" means a sign made of fabric, paper or other
lightweight material, whether or not enclosed in a rigid frame, attached
to a canopy, wall, cable, or pole.
Sign, Bench.
"Bench sign" means any sign which is located on any part
of the surface of a bench or seat placed on or adjacent to a public
right-of-way.
Sign, Billboard.
"Billboard sign" means any outdoor sign not attached to any
building, the purpose of which is to advertise a product, service
business, activity, use and/or occupancy not conducted upon the site
where the sign is located. This definition does not include a noncommercial
sign, public information sign or real estate directional sign advertising
any subdivision located within the incorporated limits of the City.
Sign, Business Identification.
"Business identification sign" means a sign which directs
attention to a principal business, profession or industry located
upon the premises upon which the sign is displayed; to a category
of products sold, manufactured, or assembled; and/or to services or
entertainment offered on such premises.
Sign, Can.
"Can sign" means a metal framed sign with a plastic or similar
material face and lettering and utilizing internal illumination.
Sign, Canopy.
"Canopy sign" means either of the following:
1.
Any sign placed on or supported entirely by a rigid or nonrigid
shelter or other structure projecting out from any exterior wall or
portion of a building or other structure.
2.
Any sign attached to or suspended under any rigid or nonrigid
portion or support of a building or other structure including, but
not limited to, a breezeway, pedestrian passageway, porch or veranda.
Sign, Center Identification.
"Center identification sign" means a freestanding sign intended
solely for the purpose of identification of a commercial or industrial
center or complex. Such signs shall be monument signs placed into
landscaped berms and shall not contain advertising or promotional
information, but may contain logos.
Sign, Electronic Changeable-Copy.
"Electronic changeable-copy sign" means an electronically-powered-sign
that is designed so that characters, letters or illustrations can
be changed or rearranged without altering the face or the surface
of the sign. This shall also include the changing of copy on billboards.
Sign, Coming Soon.
"Coming soon sign" means a temporary sign indicating the
future or intended use of a property or building.
Sign, Construction.
"Construction sign" means any sign stating the name and address
of those individuals or firms directly connected with a construction
project and the name of the owner or ultimate user.
Sign, Convenience.
"Convenience sign" means a sign not larger than two square
feet which conveys information such as "restrooms," "no parking,"
"entrance," and the like but does not contain land, trade, advertising
or business identification and is designed to be viewed on site by
pedestrians and/or motorists.
"Sign copy"
means any words, letters, numbers, figures, designs, or other
symbolic representations incorporated into a sign.
Sign, Directional Off-Site.
"Directional off-site sign" means any off-site freestanding,
nonflashing sign which is designed, erected and maintained to serve
as a public convenience in directing pedestrian and vehicular traffic,
but not used for the purpose of advertising uses and activities on
site.
Sign, Directory.
"Directory sign" means a sign on which the names and locations
of occupants or the use of a building is given.
Sign, Detached.
"Detached sign" means any sign which is supported by structures
or supports in or upon the ground and independent of substantial support
from a building. This type of sign is also referred to as a "freestanding,"
"ground" or "pole" sign.
Sign, Electrical.
"Electrical sign" means a sign containing electrical wiring
for the purpose of lighting or illumination, but not including signs
illuminated by an exterior or remote light source.
Sign, Flashing.
"Flashing sign" means any sign which contains or is illuminated
by lights which are intermittently on and off, which change intensity,
or which create the illusion of motion in any manner. This type of
sign is also referred to as a "running" or "blinking" sign.
"Sign height"
means the vertical distance measured from the top of curb
elevation adjacent to the sign to the highest point of the sign or
sign structure(s).
Sign, Historic.
"Historic sign" means a sign which is of recognized historic
or cultural significance to the community or town center for properties
indicated within any of the historic districts of the general plan,
on the Upland historic resources survey and/or on the local register.
Sign, Illegal.
"Illegal sign" means any sign which was erected in noncompliance
with any provision of the Upland Municipal Code pertaining to signs
which were in effect at the time such sign was erected including,
but not limited to, height, area, dimensions, type, or location of
signs, and/or procedures or requirements for the erection thereof.
Sign, Illuminated.
"Illuminated sign" means any sign which has characters, figures,
letters, designs or outlines illuminated internally or externally
by electric lights or luminous tubes as a part of the sign proper.
This term includes both directly and indirectly illuminated signs.
Sign, Indirectly Illuminated.
"Indirectly illuminated sign" means a sign whose illumination
is reflected from its source by the sign display surface to the viewer's
eyes, the source of light not being visible from the street or from
abutting property, or any sign for which the light travels through
a shield or material other than the bulb or tubing necessary to enclose
the light source, which shield or material has the effect of dispersing
the light before it strikes the eye of the viewer, including neon
signs having no exposed or visible tubing.
Sign, Informational On-Site.
"Informational on-site sign" means any on-site sign erected
for the purpose of informing the viewer of the approximate route,
direction, or location of a facility.
Sign, Interior.
"Interior sign" means any sign located inside a building
that is visible from a public street, right-of-way, or parking lot.
"Sign kiosk"
means a freestanding and multiple-sided structure which serves
as its main purpose to display signs or information.
Sign, Marquee.
"Marquee sign" means any sign attached to and made part of
a marquee. A "marquee" is defined as a permanent roof-like structure
projecting beyond a building wall at an entrance to a building or
extending along and projecting beyond the building's wall and generally
designed and constructed to provide protection against the weather.
Sign, Memorial.
"Memorial sign" means a sign or tablet, containing the name
of a building, and/or date of erection when cut into any masonry surface
or when constructed of bronze or other incombustible materials mounted
on the face of a building or wall.
Sign, Menu Board.
"Menu board sign" means any wall or monument sign displaying
a list of items available at a drive-through business for the purpose
of taking drive-through orders.
Sign, Monument.
"Monument sign" means a low-profile freestanding sign connected
to the ground with a solid base and which reflects and complements
the architectural theme of the buildings on the same property, and
on which copy is limited to identification of the center and/or businesses
located on the premises.
Sign, Moving.
"Moving sign" means a sign or any device designed to attract
attention by visual means through the movement or semblance of movement
of the whole or any part of the sign, including rotation and special
lighting. Does not include time and temperature signs. Sometimes called
"animated," "flashing," "scintillating" or "running" sign.
Sign, Multitenant.
"Multitenant sign" means a sign used to advertise businesses
that occupy a commercial or industrial center or complex of two or
more tenants.
Sign, Nameplate.
"Nameplate sign" means a sign serving to designate only the
name, or the name and professional occupation, of a person or persons
residing in or occupying space in a building located on the premises
upon which the sign is located.
Sign, Nonappurtenant.
"Nonappurtent sign" means any sign which directs attention
to an occupancy, business, commodity, service, or entertainment conducted,
sold or offered off the premises where the sign is maintained as distinguished
from a sign which directs attention to or advertises an occupancy,
commodity, service, or entertainment supplied on the premises of the
sign.
Sign, Nonconforming.
"Nonconforming sign" means any lawfully erected sign, which does not fully comply with all provisions of this chapter. This definition does not include any sign that has been illegally erected, or maintained in violation of any safety or health provision of this Code, or that otherwise constitutes a danger to health or safety. Nonconforming off-premises advertising displays that are relocated pursuant to a relocation agreement under Section
17.15.090 shall no longer be deemed nonconforming upon relocation.
Sign, Off-Site.
"Off-site sign" means a sign which advertises or directs
attention to products or activities that are not provided on the site
upon which the sign is located.
Sign, On-Site.
"On-site sign" means a sign which advertises or directs attention
to products or activities that are provided on the site upon which
the sign is located.
Sign, Painted.
"Painted sign" means any sign or representation painted directly
on the exterior surface of any building or structure, except on the
vertical face or valance of an awning or canopy.
Sign, Political.
"Political sign" means a sign erected prior to an election
to advertise or identify a candidate, campaign issue, election proposition,
or other related matters.
Sign, Portable.
"Portable sign" means any sign not designed to be permanently
attached. to a structure or to the ground.
Sign, Projecting.
"Projecting sign" means any sign other than a wall sign affixed
to any building or wall, a portion of which extends beyond such building
or wall by more than 18 inches. Any such sign suspended under a marquee,
porch, walkway covering, or similar covering structure and in a place
approximately perpendicular to the wall of the adjoining building,
shall be deemed to be a projecting sign.
Sign, Professional.
"Professional sign" means a sign indicating the name or names
and occupation or occupations of a professional person or group of
associated professional persons occupying the premises.
Sign, Promotional Sales.
"Promotional sales sign" means a sign erected on a temporary
basis to promote a new business, the sale of new products, new management,
new hours of operation, a new service, or to promote a special sale.
This type of sign is also referred to as a "special event" or "grand
opening" sign.
Sign, Real Estate.
"Real estate sign" means a temporary sign advertising the
sale or lease of any property and the identification of the firm handling
such sale, lease or rent.
Sign, Revolving.
"Revolving sign" means a sign which completely or partially
rotates, either on an intermittent or continuous basis.
Sign, Roof.
"Roof sign" means a sign erected, constructed, or placed
upon or partially extending above a roof or parapet wall of a building
and which is wholly or partly supported by such buildings.
Sign, Sidewalk.
"Sidewalk sign" means a portable sign on the public sidewalk
or near the street adjacent to the business being identified, also
typically known as A-frame or sandwich board signs.
Sign, Stationary.
"Stationary sign" means a sign which does not revolve, oscillate
or move and has no flashing, blinking or moving lights.
"Sign structure"
means the supports, uprights, bracing, and framework of a
sign. The area of such structure shall not be included in computing
the aggregate surface of the area of the sign which it supports.
Sign, Subdivision.
"Subdivision sign" means a sign in accordance with this title,
which directs traffic to, or advertises a subdivision within the City.
Such sign is classified as an on-site subdivision sign when located
within the subdivision it advertises, and is classified as an off-site
subdivision sign when not so located.
Sign, Temporary.
"Temporary sign" means any sign constructed of wood, paper,
cloth, canvas, or other similar lightweight material, with or without
frames, and all others including painted windows intended to be displayed
for a limited period of time.
Sign, Under Canopy.
"Under canopy sign" means a permanent sign installed suspended
below the canopy of a building.
Sign, Vehicle.
"Vehicle sign" means a sign which is attached to, or painted
on, a vehicle or trailer and placed on any property so as to attract
attention to a product, activity or business by such means as advertisement
of sales prices, provision of direction to the business or activity,
or similar promotional copy.
Sign, Wall.
"Wall sign" means any sign painted on or attached to and
erected parallel to the face of, or erected and confined within the
limits of, the outside wall of any building and supported by such
wall or building and which displays only one advertising surface.
Sign, Wind.
"Wind sign" means any banner, balloon, flag, pennant or other
advertising display fastened in such a manner so as to be subject
to movement by mild wind pressure.
Sign, Window.
"Window sign" means an advertising sign painted, attached,
glued, or otherwise affixed to either the exterior or interior side
of a window, having copy visible from a public street, right-of-way,
or parking lot.
(Ord. 1927 § 2, 2017)