A.
The
provisions of this chapter shall govern all matters relating to signs,
advertising structures, and advertising devices within the City which
are exposed to view from outside the confines of any building, including,
but not limited to, the location, type, size, height, design, quantity,
content, and illumination of signs, advertising structures or devices.
B.
The
purposes of these provisions are to:
1.
Maintain
and enhance the physical appearance and economic value of the City;
2.
Direct
and inform persons as to the location and nature of enterprises and
activities;
3.
Provide
guidance for design of advertising displays, structures and devices
which will harmonize with their surroundings, avoid confusion or excessive
competition for visual attention, and result in signage which is architecturally
compatible with adjacent buildings or structures;
4.
Reduce
the potential for distraction of or hazard to motorists or pedestrians;
and
5.
Reduce
the potential for creation of visual nuisances.
C.
The
intent of these provisions is to provide a reasonable system of controls
to assist in the preservation and enhancement of the visual environment,
protection of property values, and the protection of the public safety
and general welfare.
(Ord. 1927 § 2, 2017)
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.
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.
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:
Official notices issued by any court or public body or officer;
Notices posted by any public officer in performance of a public
duty or by any person in giving legal notice;
Directional, warning or information signs or structures required
by or authorized by law or by Federal, State, County, or City authority;
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.
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.
means any light with one or more beams, capable of being
directed in any direction or directions.
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.
means that portion of a building on, adjacent to, or oriented
to a public right-of-way.
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.
means a structural, ornamental, roof-like appendage, either
freestanding or attached to a building.
means the City of Upland.
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.
means to build, construct, attach, hang, place, suspend,
or affix, and shall also include the painting of wall signs.
means a device utilized to display the California State and/or
United States flag(s).
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.
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.
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.
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.
means a lot or premises, building wall, or place upon which
a sign is erected, constructed or maintained.
means a visual symbol identifying the business or service
provided, which may be all or part of a sign.
means a building wherein two or more separately independently
owned or operated occupancies are contained.
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.
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.
means the molding, battens, cappings, nailing strips, or
lattice which are attached to sign structures and are not part of
the sign copy.
means any individual, firm, partnership, association, corporation,
company, or organization, singular or plural, of any kind.
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.
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.
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.
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.
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.
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.
The term sign does not include the following:
Official notices issued by any court or public body or officer;
Notices posted by any public officer in performance of a public
duty or by any person giving legal notice;
Directional, warning or information structures required by or
authorized by law or by Federal, State, County, or City official;
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;
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;
A table or other similar display containing merchandise, products
for sale, literature, pamphlets, or other written or printed information
available to the general public.
"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.
"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.
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.
"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.
"Awning sign" means a sign painted onto the canvas or valance
of an awning.
"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.
"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.
"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.
"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.
"Can sign" means a metal framed sign with a plastic or similar
material face and lettering and utilizing internal illumination.
"Canopy sign" means either of the following:
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.
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.
"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.
"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.
"Coming soon sign" means a temporary sign indicating the
future or intended use of a property or building.
"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.
"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.
means any words, letters, numbers, figures, designs, or other
symbolic representations incorporated into a sign.
"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.
"Directory sign" means a sign on which the names and locations
of occupants or the use of a building is given.
"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.
"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.
"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.
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).
"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.
"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.
"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.
"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.
"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.
"Interior sign" means any sign located inside a building
that is visible from a public street, right-of-way, or parking lot.
means a freestanding and multiple-sided structure which serves
as its main purpose to display signs or information.
"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.
"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.
"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.
"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.
"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.
"Multitenant sign" means a sign used to advertise businesses
that occupy a commercial or industrial center or complex of two or
more tenants.
"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.
"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.
"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.
"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.
"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.
"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.
"Political sign" means a sign erected prior to an election
to advertise or identify a candidate, campaign issue, election proposition,
or other related matters.
"Portable sign" means any sign not designed to be permanently
attached. to a structure or to the ground.
"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.
"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.
"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.
"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.
"Revolving sign" means a sign which completely or partially
rotates, either on an intermittent or continuous basis.
"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.
"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.
"Stationary sign" means a sign which does not revolve, oscillate
or move and has no flashing, blinking or moving lights.
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.
"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.
"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.
"Time and temperature sign" means a changeable copy sign
displaying only the time and temperature.
"Under canopy sign" means a permanent sign installed suspended
below the canopy of a building.
"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.
"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.
"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.
"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)
No person shall erect any sign regulated by this chapter in
the City without first obtaining a sign permit to do so from the Building
Department, and except in conformity with the provisions of this Zoning
Code.
A.
Consent of Owner. No person shall erect any sign regulated
by this chapter without first obtaining and filing with the Community
Development Director the written consent of the owner and lessee or
person having possession of the property upon which the sign is situated.
B.
Sign Plan Review. Plans for all signs shall be subject to
review and approval by design review and/or Community Development
Director staff prior to placement on any building, structure, or land,
and shall be in accordance with procedures for sign plan reviews.
C.
Sign Identification. All signs shall bear the permit number,
in an inconspicuous location but readily visible from the ground,
in numerals not smaller than three-fourths inches in height. Failure
to place this permit number on the sign at the time of installation
will subject the person to whom the sign permit was issued to the
penalties specified for violations of this Code.
D.
Annual Review of Signs. All signs in the City shall be formally
reviewed annually by a sign committee appointed by the Mayor and approved
by the City Council, consisting of five voting members as follows:
Two shall be representatives of the general population of the City;
one shall be a member of the Planning Commission; one shall be a member
of the Chamber of Commerce, and one shall be a member of the City
Council.
E.
Appeals. An appeal of any determination pursuant to this chapter shall be as provided in Chapter 17.47.
F.
Variances. Deviations from the provisions of this chapter shall be considered in accordance with the procedures set forth in Section 17.44.060 and shall be subject to the following findings:
1.
There
are exceptional, unique circumstances or visibility problems involved
with the property or development which do not apply generally to other
property or developments in the same zoning district;
2.
A
sign or signs not meeting the standards is the only available means
of providing adequate identification;
3.
Approval
of sign or signs not meeting the standards will not constitute a granting
of special privilege not enjoyed by other properties or developments
in the same zoning district.
(Ord. 1927 § 2, 2017)
Every sign or billboard in existence on the effective date of
the ordinance codified in this chapter, and which was legal at the
time of installation, and which does not conform to the provisions
of this chapter, is a legal, nonconforming sign. The following requirements
shall apply to all legal, nonconforming signs.
A.
A nonconforming
sign may not be:
B.
No
new sign shall be approved for a site, structure, building, or use
that contains nonconforming signs unless such nonconforming signs
are removed or modified to conform with the provisions of this chapter.
C.
No
building permit shall be issued for any structures, building expansions,
or new building construction on a site which contains nonconforming
signs, unless all signs on the site are brought into conformance with
this chapter. This does not include interior alterations which do
not substantially change the character or intensity of the site.
D.
All
nonconforming signs shall be removed at such time as the use of any
site, building, or structure is changed. A change in business ownership
only shall not be deemed a change of use pursuant to this section.
(Ord. 1927 § 2, 2017)
A.
Abandoned Signs. No person shall maintain or permit to be
maintained on any premises owned or controlled by him or her any sign
which has been abandoned. Any such sign shall promptly be removed
by the owner or designee. Any sign which is located on property which
becomes vacant and unoccupied for a period of 60 days or more, or
any sign which was erected for an occupant or his or her business,
or any sign which pertains to a time, event, or purpose which no longer
applies, shall be presumed to have been abandoned, except that permanent
signs applicable to a business temporarily suspended by reason of
change of ownership or management of such business shall not be considered
abandoned unless the property remains vacant for a period of 18 months.
B.
Billboards and Other Off-Site Advertising Structures. Billboards, nonappurtenant or other off-site, outdoor advertising structures, except temporary real estate directional or kiosk signs as provided in Sections 17.15.100 and 17.15.110, and relocated off-premises advertising displays as permitted under Section 17.15.090, are expressly prohibited in all zones.
C.
Vehicle Signs. No person shall park, or cause to be parked,
any vehicle on any public or private property right-of-way for the
sole purpose of commercial advertising. A sign or signs on vehicles
used in conjunction with a business and the use of that vehicle will
be allowed, subject to the following provisions:
1.
A
vehicle sign is a sign permanently or temporarily attached to, or
permanently painted on, a vehicle that is used in conjunction with
the business that it identifies or advertises.
2.
The
vehicle must be used as a part of the business to which the advertising
on the vehicle pertains, (i.e., regular use for delivery of business
products or obtaining supplies).
3.
No
vehicle sign shall be attached in such a manner as to render a door,
window, hood, trunk, or tailgate or a vehicle unmovable or unusable
or to violate the California Vehicle Code.
4.
No
vehicle sign shall have an arrow pointing towards the business that
it identifies or advertises.
5.
No
sign permit is required for a vehicle sign.
D.
Temporary or Semipermanent Signs. It is expressly prohibited
in all zones to erect temporary or semipermanent signs such as paper
pasteup, painted, portable posterboard, A-board, and mobile types
when such signs are located outside of buildings, on exterior walls,
and/or on window surfaces, unless a temporary sign permit has first
been issued.
E.
Roof Signs. Signs projecting above the roof-line of a building
or structure, except in the case of a sign incorporated as an integral
part of the design and construction of a building and approved by
design review.
F.
Distraction to Motor Vehicle Operators. No sign shall in any
way endanger the health or safety of operators of motor vehicles on
the streets and/or highways through the use of motion, sound, or other
mechanical devices. Blinking, flashing, unusual lighting, or other
means of animation which cause distraction to operators of motor vehicles
shall not be permitted on or by any sign. Signs that revolve, rotate
or orbit (except symbolic and common signs such as barber pole and
mortar and pestle, which are traditional in nature and size) shall
not be permitted.
G.
Animated and Electronic Changeable-Copy Signs. Animated and/or electronic changeable-copy signs, as defined within Section 17.15.020, or any other form of moveable, flashing, lighted, or rotating sign shall be expressly prohibited in all zones, except as provided by Section 17.15.210; and except for relocated off-premises advertising displays as provided by Section 17.15.090; also excepting time and temperature devices, church signs, and movie theater marquees, and high schools within the Public/Institutional (PB/I) zone which may be approved by the Development Services Director or designee; and also excepting any sign constructed to include mechanical equipment to move or rotate the sign for which a building permit was issued prior to April 1, 1994.
H.
Painted-On Signs. Painted-on signs applied directly to a building
wall or fascia shall be prohibited.
I.
Mylar-Type Balloons. The use of mylar type balloons made of
any electrically conductive material is prohibited.
(Ord. 1927 § 2, 2017; Ord. 1952 § 3, 2021)
A.
Illegal On-Premises Advertising Display. "Illegal on-premises
advertising display" means any of the following:
1.
An
advertising display erected without first complying with all ordinances
and regulations in effect at the time of its construction and erection
or use;
2.
An
advertising display that was legally erected, but whose use has ceased,
or the structure upon which the display is placed has been abandoned
by its owner, not maintained, or not used to identify or advertise
an ongoing business for a period of not less than 90 days;
3.
An
advertising display that was legally erected which later became nonconforming
as a result of the adoption of an ordinance, the amortization period
of the display provided by the ordinance rendering the display nonconforming
has expired and conformance has not been accomplished;
4.
An
advertising display which is a danger to the public or is unsafe;
5.
An
on-premises advertising display which is a traffic hazard not created
by relocation of streets or highways or by acts of the City.
B.
Off-Premises Advertising Display. "Off-premises advertising
display" means any structure, housing, sign, device, figure, statuary,
painting, display, message placard, or other contrivance, or any art
thereof, which is designed, constructed, created, engineered, intended,
or used to advertise, or to provide data or information in the nature
of advertising, for any of the following purposes:
1.
To
designate, identify or indicate the name of the business of the owner
or occupant of the premises upon which the advertising display is
located. Fifteen days for permanent signs, or 24 hours for temporary
signs, from the date of the notice, that the City Manager or designee
will issue a citation to show cause before the Council on a 10-day
notice why these signs should not be removed. In the event that the
Council shall, after the hearing, determine that these signs are illegal,
the Council shall order the City Manager or designee to proceed to
remove the signs;
2.
To
advertise the business conducted, services available or rendered or
the goods produced, sold, or available for sale, upon the property
where the advertising display is erected;
C.
Enforcement Officer. "Enforcement officer" means the public
employee or officer designated by the City Council to perform the
duties imposed by the chapter on the enforcement officer.
D.
Resolution Declaring Nuisance. The City Council shall declare,
by resolution, as public nuisances and abate all illegal on-premises
advertising displays located within its jurisdiction. The resolution
shall describe the property upon which or in front of which the nuisance
exists by giving its lot and block number according to the County
assessment map and its street address if known. Any number of parcels
of private property may be included in the resolution.
E.
Notice of Assessment. Prior to adoption of the resolution
by the City Council, the City Clerk shall send not less than a 10
days' written notice to all persons owning property described in the
proposed resolution. The notice shall be mailed to each person on
whom the described property is assessed on the last equalized assessment
roll available on the date the notice is prepared. The notice shall
state the date, time, and place of the hearing and generally describe
the purposes of the hearing and the nature of the illegality of the
display.
F.
Posting. After adoption of the resolution, the enforcement
officer shall cause notices to be conspicuously posted on or in front
of the property on or in front of which the display exists.
G.
Form of Notice. The notice shall be substantially in the following
form:
|
NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY
|
|
Notice is hereby given that on the __________ day of __________,
the City Council of the City of Upland adopted a resolution declaring
that an illegal advertising display is located upon or in front of
this property which constitutes a public nuisance and must be abated
by the removal of the illegal display. Otherwise, it will be removed,
and the nuisance abated by the City. The cost of removal will be assessed
upon the property from or in front of which the display is removed
and will constitute a lien upon the property until paid. Reference
is hereby made to the resolution for further particulars. A copy of
this resolution is on file in the office of the City Clerk.
|
|
All property owners having any objection to the proposed removal
of the display are hereby notified to attend a meeting of the City
Council of the City of Upland to be held (give date, time, and place),
when their objections will be heard and given due consideration.
|
|
Dated this __________ day of __________, 20_____
|
|
____________________
(Title)
City of Upland
|
H.
Time of Posting. The notices shall be posted at least 10 days
prior to the time for hearing objections by the City Council.
I.
Written Notice to Property Owner.
1.
In
addition to posting notice of the resolution and notice of the meeting
when objections will be heard, the City Council shall direct its Clerk
to mail written notice of the proposed abatement to all persons owning
property described in the resolution. The Clerk shall cause the written
notice to be mailed to each person on whom the described property
is assessed in the last equalized assessment roll available on the
date the resolution was adopted by the City Council.
2.
The
County Assessor, at the request of the City Clerk, shall, within 10
days thereafter, mail to the City Clerk a list of the names and addresses
of all of the persons owning property described in the resolution.
The address of the owners shown on the assessment roll is conclusively
deemed to be the proper address for the purpose of mailing the notice.
The City shall reimburse the County for the actual cost of furnishing
the list, and the cost shall be a part of the costs of abatement.
3.
The
notices mailed by the Clerk shall be mailed at least 10 days prior
to the time for hearing objections by the City Council.
J.
Hearing.
1.
At
the time stated in the notices, the City Council shall hear and consider
all objections to the proposed removal of the on-premises advertising
display. It may continue the hearing from time to time. By motion
of resolution at the conclusion of the hearing, the City Council shall
allow or overrule any objections. At that time, the City Council acquires
jurisdiction to proceed and perform the work of removal.
2.
The
decision of the City Council is final. If objections have not been
made or after the City Council has disposed of those made, it shall
order the enforcement officer to abate the nuisance by having the
display removed. The order shall be made by motion or resolution.
K.
Abatement by Enforcement Officer. The enforcement officer
may enter private property to abate the nuisance.
L.
Owners Right to Abate Nuisance.
1.
Before
the enforcement officer arrives, any property owner may remove the
illegal on-premises advertising display at the owner's expense.
2.
Nevertheless,
in any case in which an order to abate is issued, the City Council,
by motion or resolution, may further order that a special assessment
and lien shall be limited to the costs incurred by the City, as the
case may be, in enforcing abatement upon the property, including investigation,
boundary determination, measurement, clerical, and other related costs.
M.
Accounting of Costs.
1.
The
enforcement officer shall keep an account of the cost of abatement
of an illegal on-premises advertising display in front of or on each
separate parcel of property where the work is done by him or her.
He or she shall submit to the City Council for confirmation an itemized
written report showing that cost.
2.
A
copy of the report shall be posted for at least three days, prior
to its submission to the City Council, on or near the chamber door
of the City Council, with notice of the time of submission.
3.
At
the time fixed for receiving and considering the report, the City
Council shall hear it with any objections of the property owners liable
to be assessed by the abatement. It may modify the report if it is
deemed necessary. The City Council shall then confirm the report by
motion or resolution.
N.
Award of Contract for Abatement. Abatement of the nuisance may, in the discretion of the City Council, be performed by contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder. In that event, the contractor shall keep the account and submit the itemized written report for each separate parcel of property required by subsection M of this section.
O.
Affixing Cost Assessment and Collection.
1.
The
cost of abatement in front of or upon each parcel of property, and
the cost incurred by the City, as the case may be, in enforcing abatement
upon the parcels, including investigation, boundary determination,
measurement, clerical, and other related costs, are a special assessment
against that parcel. After the assessment is made and confirmed, a
lien attaches on the parcel upon recordation of the owner confirming
the assessment in the office of the County recorder of the County
in which the property is situated. However, if any real property to
which the lien would attach has been transferred or conveyed to a
bona fide purchaser for value, or if a lien of a bona fide encumbrancer
for value has been created and attaches thereon, prior to the date
on which the first installment of the assessment would become delinquent,
the lien which would otherwise be imposed by the section shall not
attach to the real property and the costs of abatement and the costs
of enforcing abatement, as confirmed, relating to the property shall
be transferred to the unsecured roll for collection.
2.
After
confirmation of the report, a copy shall be given to the County Assessor
and the tax collector, who shall add the amount of the assessment
to the next regular tax bill levied against the parcel for municipal
purposes.
3.
The
City shall file a certified copy of the report with the County Auditor
on or before August 10th. The description of the parcels reported
shall be those used for the same parcels on the County Assessor's
map books for the current year.
4.
The
County Auditor shall enter each assessment on the County tax roll
opposite the parcel of land.
5.
The
amount of the assessment shall be collected at the times and in the
manner of ordinary municipal taxes. If delinquent, the amount is subject
to the same penalties and procedures of foreclosure and sale provided
for ordinary municipal taxes.
6.
As
an alternative method, the County Tax Collector, at his or her discretion,
may collect the assessments without reference to the general taxes
by issuing separate bills and receipts.
P.
Receipt After Confirmation. The enforcement officer may receive
the amount due on the abatement cost and issues receipts at any time
after the confirmation of the report and until 10 days before a copy
is given to the assessor and tax collector or, where a certified copy
is filed with the County Auditor, until August 1st following the confirmation
of the report.
Q.
Refund of Assessment. The City Council may order a refund
of all or part of an assessment pursuant to this chapter if it finds
that all or part of the assessment has been erroneously levied. An
assessment, or part thereof, shall not be refunded unless a claim
is filed with the City Clerk on or before November 1st after the assessment
became due and payable. The claim shall be verified by the person
who paid the assessment or by the person's guardian, conservator,
executor, or administrator.
(Ord. 1927 § 2, 2017)
Notwithstanding anything to the contrary in this chapter, the
following subsections shall apply only to lawfully erected on-premises
advertising displays designed, constructed, created, intended, or
engineered to have a useful life of 15 years or more.
A.
Definitions. As used in this chapter, "on-premises advertising
displays" means any structure, housing, sign, device, figure, statuary,
painting, display, message placard, or other contrivance, or any part
thereof, which has been designed constructed, created, intended, or
engineered to have a useful life of 15 years or more, and intended
or used to advertise, or to provide data or information in the nature
of advertising, for any of the following purposes:
1.
To
designate, identify, or indicate the name or business of the owner
or occupant of the premises upon which the advertising display is
located;
2.
To
advertise the business conducted, services available or rendered,
or the goods produced, sold, or available for sale, upon the property
where the advertising display has been lawfully erected.
B.
Exclusion—Outdoor Advertising. This chapter does not
apply to advertising displays used exclusively for outdoor advertising
pursuant to the Outdoor Advertising Act of the Business and Professions
Code.
C.
Exclusion—Nonconforming Advertising Displays. As used
in this chapter, illegal advertising displays do not include legally
erected, but nonconforming, displays for which the applicable amortization
period has not expired.
D.
Abandoned Advertising Display. As used in this chapter, "abandoned
advertising display" means any display remaining in place or not maintained
for a period of 90 days which no longer advertises or identifies an
ongoing business, product, or service available on the business premises
where the display is located.
E.
Inventory and Identification. The inventory and identification
of the above mentioned displays shall commence within six months from
the date of adoption of the ordinance codified in this chapter. Within
60 days after the six-month period, the City shall commence abatement
of the identified preexisting illegal and abandoned on-premises advertising
displays.
F.
Fees. The City shall impose reasonable fees upon all owners
or lessees of on-premises business advertising displays for the purpose
of covering its actual cost of inventorying and identifying illegal
or abandoned advertising displays which are within its jurisdiction.
The actual cost may be fixed upon a determination of the total estimated
reasonable cost, the amount of which and the fee to be charged is
exclusively within the discretion of the City. The cost may be added
as an assessment to the next regular tax bill levied against the parcel
against which the cost was assessed; or, as an alternative, such cost
may be added to the next annual business license renewal fee of the
person whose on-premises advertising sign/signs was/were inventoried.
G.
Denial of Permit. The City may not deny, refuse to issue,
or condition the issuance of a business license or a permit to construct
a new legal on-premises advertising display upon the removal, conformance,
repair, modification, or abatement of any other on-premises advertising
display on the same real property where the business is to be or has
been maintained if both of the following apply:
1.
The
other display is located within the same commercial complex which
is zoned for commercial occupancy or use, but at a different business
location from that for which the permit or license is sought;
2.
The
other display is not owned or controlled by the permit applicant,
and the permit applicant is not the agent of the person who owns or
controls the other display.
H.
Effect on Nonconforming Signs. During the amortization period
for a nonconforming legally in place on-premises advertising display's
continued use, the City may not deny, refuse to issue, or condition
the issuance of a permit for modification or alteration to the display
upon change of ownership of any existing business if the modification
or alteration does not include a structural change in the display.
(Ord. 1927 § 2, 2017)
Notwithstanding the sign provisions of the zone(s) in which
located, the following regulations shall apply to all zones:
A.
Sign Maintenance. All signs permitted in the City shall be
maintained in a neat, attractive condition, and in adequate repair,
as determined by the City Manager or a designee, at all times.
B.
Lighted Signs Near Street Intersections. All lighting of signs
or outdoor advertising located within 150 feet of any street intersection
shall be of such color and design that there will be no confusion
with public signs or signals regulating the flow of vehicular traffic.
The Public Works Director shall have sole use of red, amber, or green-colored
lights.
C.
Outdoor Advertising Structure Landscaping. All outdoor advertising
structures hereafter erected in conformity with this Zoning Code shall
be landscaped and such landscaping shall be maintained in a neat and
orderly manner, properly irrigated, and free of weeds.
D.
Advertising Structures Near Residential Uses. No outdoor advertising
structure may be placed or located on any vacant lot or parcel of
land lying between two residential buildings, structures, or uses
where such structures or uses are less than 100 feet apart, nor may
any such outdoor advertising structure be located within 50 feet of
any residential use in the same block frontage.
E.
Projections Over Rights-of-Way. All projecting signs shall
be designed and constructed in accordance with the following requirements:
1.
Signs Over Public Rights-of-Way. No sign shall extend over
a public sidewalk or right-of-way, excepting signs attached under
canopies or marquees, which shall not exceed dimensions of 12 vertical
inches by 48 horizontal inches, and shall clear the surface below
by not less than eight feet. Signs of iconic or historical significance
may extend over the public sidewalk or the public right-of-way, providing
they are less than 16 square feet in area, and are at least eight
feet above the surface of the ground or sidewalk above which they
are located, and are approved by the design review process.
2.
A
sign(s) for which an encroachment permit or license has been granted
by the City of Upland pursuant to this chapter may encroach over a
public right-of-way.
3.
Signs
affixed to the vertical face or valance of an awning or canopy for
buildings in the MU (mixed use) zone may be permitted through design
review approval.
F.
Advertising Signs and Structures Near Freeways. Notwithstanding the provisions of Sections 17.15.190 and 17.15.220 and except for relocated off-premises advertising displays as provided in Section 17.15.090, the subject matter of any nonappurtenant freestanding, outdoor advertising sign and structure built beyond 500 feet from freeway right-of-way shall not be visible from such freeway.
In the case of freeway-oriented commercial sites which have
parcel frontage on the freeway, or commercial sites that are within
500 feet from freeway right-of-way, the sign and structure shall be
designed and constructed in accordance with the following requirements:
1.
Sites Adjacent to the Freeway. The maximum sign height for
any appurtenant freestanding, freeway-oriented outdoor advertising
sign adjacent to the freeway shall not exceed 25 feet measured from
the uppermost point of the sign down to the finished grade at the
base of the sign. The height may be increased to 35 feet if the finished
grade at the base of the sign is a minimum of 10 feet below the grade
of the freeway. In the event of a depressed freeway, no sign shall
exceed a maximum height of 25 feet from the finished grade at the
base of the sign.
2.
Sites Adjacent to the Freeway with a Frontage of 250 Feet or More. For sites with a minimum frontage of 250 feet on a freeway, the
maximum sign height for any appurtenant freestanding, freeway-oriented
outdoor advertising sign shall not exceed 45 feet from the uppermost
point of the sign down to the finished grade at the base of the sign.
The height may be increased to 55 feet if the finished grade at the
base of the sign is a minimum of 10 feet from the grade of the freeway.
3.
Sites Not Adjacent to the Freeway in the Regional Commercial District. For commercial sites that are not adjacent to the freeway but are
within the Regional Commercial District and within 500 feet from freeway
right-of-way, the maximum sign height for any appurtenant freestanding,
freeway-oriented outdoor advertising sign shall be 55 feet measured
from the uppermost point of the sign down to the finished grade at
the base of the sign.
4.
Sign Area. The maximum sign area for any appurtenant freestanding, freeway-oriented outdoor advertising sign shall not exceed the following: 100 square feet for commercial sites which are subject to the conditions in subsection (F)(1) above; 350 square feet for commercial sites that meet the minimum freeway frontage standards in subsection (F)(2) above, and 450 square feet for non-adjacent commercial sites that meet the location standards in subsection (F)(3) above. In no case shall the overall height of the sign area exceed 60 percent of the overall height of the freeway sign measured from the uppermost point of the sign to the finished grade at the base of the sign.
5.
Design Standards. The design of any appurtenant freestanding,
freeway-oriented outdoor advertising sign shall contain architectural
elements within the sign area and the support structures shall contain
a decorative cover. Flat plastic sign panels with printed lettering
shall be prohibited.
6.
The
appurtenant freestanding, freeway-oriented outdoor advertising sign
shall contain landscaping with irrigation around the base of the sign.
Landscaping and irrigation plans shall be submitted with the sign
permit application and utilize a variety of decorative ground cover
and shrubs.
7.
Approval. The Development Services Director, or designee,
shall have the authority to approve any appurtenant freestanding,
freeway-oriented outdoor advertising sign that meets the requirements
of this subsection.
G.
Relocated Off-Premises Advertising Displays. All relocated off-premises advertising displays as provided in Section 17.15.090 may be permitted.
I.
Subject Matter or Advertising. Any outdoor advertising structure shall contain thereon only such subject matter or advertising which refers to goods or services produced, sold, or displayed on the premises upon which such sign or structure is located, excepting off-site real estate signs as provided in Section 17.15.110, and relocated off-premises advertising displays as provided in Section 17.15.090.
J.
Signs in Shopping Centers. Shopping centers shall have a coordinated
sign program (sign criteria) for the entire center with the individual
tenant sign proposals approved by the owner or lessor prior to submittal
for design review for approval.
K.
Detached Signs. All detached signs shall be located within
a landscaped planter, as approved by design review. The base of any
detached sign shall be constructed of masonry, wood, or other suitable
building material which is architecturally harmonious with the development
to which the sign is appurtenant.
L.
Statue Signs. Statues designed primarily for commercial-promotional
activity shall be subject to review and approval by design review.
M.
Wall Decorations. In the MU (mixed use) zone, where walls
are decorated with scenic or artistic paintings or murals which do
not in themselves either advertise a product, or tend to become a
mere extension or enlargement of a sign or other advertising materials,
such scenic, architectural, or artistic paintings or murals, shall
be construed as a textural treatment of the wall surface and shall
be subject to review and approval by the design review process.
(Ord. 1927 § 2, 2017; Ord. 1974 § 2, 2023)
Pursuant to Business and Professions Code Section 5412, a legal,
nonconforming off-premises advertising display or billboard may be
relocated and reconstructed pursuant to a relocation agreement, pursuant
to the following guidelines and requirements.
A.
Purpose. The purpose of a relocation agreement is to reduce
the overall number of off-premises advertising displays within the
City; to allow relocation of off-premises advertising displays to
more suitable locations; and to provide more attractive, aesthetically-pleasing
off-premises advertising display designs. A further purpose is to
reduce or eliminate the City's obligation to expend public funds for
the removal of legal nonconforming off-premises advertising displays.
Relocation agreements are part of the demonstrated commitment of the
City to improve the aesthetic appearance of the City in a manner consistent
with State law.
B.
Authority. Notwithstanding any other provision of this Chapter 17.15, and consistent with the California Business and Professions Code outdoor advertising provisions, including Business and Professions Code Section 5412, existing off-premises advertising displays may be removed, relocated, replaced and/or reconstructed as part of a relocation agreement between the City and an off-premises advertising display owner and/or property owner.
C.
Categories of Relocation Agreements. The City Council shall
be authorized to enter into the following types of relocation agreements,
each with specific requirements.
1.
Relocated Off-Premises Displays on Private Property. The
relocation agreement shall provide that for every off-premises advertising
display that is relocated and constructed at a relocation site, the
owner of the off-premises advertising display must commit to the permanent
removal of a minimum of four existing, legal nonconforming off-premises
advertising displays located within the City. If the off-premises
advertising display is relocated and constructed at a relocation site
owned by the City the owner of the off-premises advertising display
may request to remove a smaller number, but in no case less than two
existing, legal nonconforming off-premises advertising displays; subject
to findings by the City Council that the terms of the relocation agreement
offer enhanced benefit to the City. The existing, legal nonconforming
off-premises advertising displays to be permanently removed need not
be of the same type of off-premises advertising displays to be relocated
pursuant to the relocation agreement.
2.
Relocated Off-Premises Displays Accommodating a Public Need. Where removal of an existing off-premises advertising display is
required to accommodate a public improvement or acquisition of public
right-of-way by the City, the City may enter into a relocation agreement
with the owner of the off-premises advertising display to alleviate
the expenditure of public funds. Off-premises advertising displays
relocated in order to accommodate a public need do not need to be
accompanied by a net reduction in existing signs.
D.
Status of Existing Off-Premises Advertising Display. Only
off-premises advertising displays that comply with the City's municipal
code or that are legal, nonconforming off-premises advertising displays
as of the date of adoption of the ordinance codified in this section
are eligible to be relocated pursuant to a relocation agreement.
E.
Placement of Relocated Off-Premises Advertising Display. Relocated
off-premises advertising displays may only be constructed on property
located within mixed use, commercial and industrial zoning districts,
or on City of Upland owned property regardless of zone, including
freeway-oriented commercial and industrial sites.
F.
Type of Relocated Off-Premises Advertising Display. Relocated
off-premises advertising displays may include any type of sign authorized
or described under this Zoning Code, including electronic changeable-copy
signs.
G.
Content. Each relocation agreement shall contain, at a minimum,
the following information:
1.
Identification
of the location of the relocated off-premises advertising display(s)
and, if removal of further sign area is required, off-premises advertising
display(s) being permanently removed, provided, however, that the
relocation agreement may defer identification of the specific locations
of the relocated off-premises advertising displays where the relocation
agreement provides that the locations for development of the relocated
off-premises advertising displays shall be subject to future City
Council approval; and
2.
Conceptual
design drawings for the relocated off-premises advertising display(s),
including height and design. The design standards applicable to relocated
off-premises advertising display(s) shall be as set forth in the relocation
agreement approved by the City Council pursuant to this chapter.
H.
Review Process. All relocation agreements shall be reviewed
and approved by the City Council. The following findings must be made
by the City Council in order to approve a relocation agreement:
1.
The
proposed agreement is consistent with the goals, objectives, purposes
and provisions of the Upland General Plan and the Upland Municipal
Code;
2.
The
proposed relocation site is compatible with the uses and structures
on the site and in the surrounding area;
3.
The
proposed relocation agreement either: contributes to the reduction
of visual clutter in the City by proposing a net decrease in existing
off-premises advertising displays, resulting in a reduction in advertising
square footage within the City; promotes activities of City-wide benefit
and interest or generates significant revenue for the City; or in
the case of relocations to accommodate a public project, the agreement
serves the public interest eliminating the need for public fund expenditure;
4.
The
proposed off-premises advertising display would not create a traffic
or safety problem with regard to onsite access circulation or visibility;
5.
The
proposed off-premises advertising display would not interfere with
onsite parking or landscaping required by City ordinance or permit;
and
6.
The
proposed off-premises advertising display would not otherwise result
in a threat to the general health, safety and welfare of City residents.
I.
Sign Permit Required. Subsequent to the approval of a relocation agreement by the City Council, the off-premises advertising display owner and/or property owner shall file an application for a sign permit to relocate or reconstruct the off-premises advertising display as authorized by the relocation agreement, pursuant to the provisions of Section 17.15.030. The City is authorized to issue a sign permit upon receipt of documentation of approval from the Development Services Director that the design and location of the proposed relocated off-premises advertising display(s) as specified in the sign permit application is consistent with the conceptual relocated off-premises advertising display design approved by the City Council as part of the relocation agreement.
J.
Nonconforming Off-Premises Advertising Displays. Any nonconforming
off-premises advertising display relocated or reconstructed pursuant
to an approved relocation agreement shall no longer be considered
nonconforming for purposes of this Code.
(Ord. 1927 § 2, 2017)
Subject to compliance with provisions of Section 17.15.080, the following special types and classifications of signs may be permitted subject to compliance with the limitations and conditions prescribed herein; provided further, that the area of any such signs shall not be included in computing the total allowable sign area or number of signs permitted for any lot or use.
A.
Name
signs or nameplates, which do not exceed one square foot in area and
displaying only the name of the property or the premises upon which
displayed or the owner or lessee thereof, or of the address thereon.
B.
Informational
signs, provided such sign is not more than five square feet in area,
bearing no advertising message and located wholly within the lot to
which the sign is appurtenant.
C.
Street
address numbers, no trespassing, no parking, and other warning signs,
provided such sign is located on the lot to which the sign is appurtenant
and not exceeding four square feet in area; one nonilluminated nameplate
not exceeding two square feet in area for each dwelling unit.
D.
Memorial
signs or tablets, including names of buildings and dates of erection,
provided they are cut into the surface or the façade of the
building or project not more than two inches from the face of the
building.
E.
Public
utility company signs, provided such sign indicates danger or serves
as an aid to public safety, or shows the location of underground facilities
or of public telephones.
F.
Signs
located in the interior of any building or within an enclosed lobby
or court of any building or group of buildings, which signs are not
visible from a public street, right-of-way, or parking lot.
G.
Time
and temperature devices, provided such sign is not higher than permitted
detached signs, located on private property and bearing no advertising
message.
H.
Traffic or Other Municipal Signs (Signs Required by Law). Railroad
crossing signs, legal notices, and such temporary emergency or nonadvertising
signs as may be authorized by the Council.
I.
Public Convenience Signs. Signs not exceeding one square foot
in area, erected for the convenience of the public, such as signs
identifying restrooms, walkways, and similar features or facilities.
J.
Community Activity Signs. Signs specifically approved by the
City Manager or designee for the purpose of advertising or identifying
special civic events or activities deemed to be of Citywide significance
and/or general public interest.
K.
On-Site Real Estate Signs. The number shall be limited to
one unlighted sign per lot or parcel not exceeding eight square feet
in sign area nor more than six feet in height. Such sign shall be
removed not more than 15 days after the close of escrow.
L.
Entry
monumentation signs, not exceeding 20 square feet in area nor four
feet in height, may be permitted by design review approval in any
commercial or industrial zone. Such entry monumentation signs shall
contain only the name or street name and address of the business center,
commercial development, or industrial park and shall be attached to
walls which are an integral part of the landscaped design or the entry
to the project. Not more than two such signs shall be permitted at
each primary entrance.
M.
Window
signage, not exceeding 25 percent of any window, for the primary purpose
of identification.
(Ord. 1927 § 2, 2017)
Temporary real estate signs for the purpose of sale, lease or
rental of real property or buildings may be permitted subject to the
following limitations:
A.
Conditions for Approval—General.
2.
Permit Fees and Deposits. Each application for a building
permit for a temporary real estate sign shall be accompanied with
a cash deposit, in an amount established by resolution of the City
Council, for each sign so requested, which shall be posted with the
City Finance Department to insure removal of such sign at the expiration
of the time limit as specified herein.
3.
A
certificate or letter of authorization shall be obtained from the
property owner of the property where the sign is to be located (granting
authorization to install said sign).
4.
Any such sign(s) shall be subject to design review and approval as provided in Section 17.15.030.
5.
All
signs shall be set back not less than 10 feet from the right-of-way
line of any public street.
6.
Not
more than one real estate sign may be located within any 300 linear
feet of street frontage nor may more than one real estate sign be
located on the frontage of any one parcel.
7.
No
sign shall be so located as to create a hazardous traffic condition.
8.
Time Limitation. Except as may be otherwise specified hereinafter,
any temporary real estate sign shall be removed within 12 months from
the date of approval or within 15 days after the close of escrow or
date of lease or rental of such property, whichever period is the
lesser; provided however, that such time limitation may be extended
(for good cause shown) by the Community Development Director.
B.
On-Site Real Estate Signs. One unlighted sign not exceeding
32 square feet in area nor exceeding 16 feet in height may be permitted
on any lot in any zone, subject to the following limitations:
1.
Subdivision Sales. Signs may be erected along each street
frontage for the purpose of land and/or building sales in tracts,
parcel maps, or records of survey, when two or more lots are involved
and when the signs are located on the land to which the signs refer.
Not more than four signs of any type or description shall be employed,
and no one sign shall exceed an area of 50 square feet or 16 feet
in height nor shall the aggregate area of all such signs exceed 100
square feet.
C.
Off-Site Real Estate Signs. Off-site directional real estate signs, for the purpose of directing potential buyers or tenants to new residential subdivisions are permitted subject to the requirements set forth in Section 17.15.120.
D.
Temporary Residential Real Estate "For Sale" Signs.
E.
Temporary Residential "Open House" Signs.
1.
This
allowance applies to Fridays, Saturdays, Sundays, and legal holidays
only.
2.
One
open house directional sign may be placed in the parkway at any two
intersections of the City. An additional third sign will be allowed
if the home is located within a cul-de-sac street.
3.
Two
flags and one open house sign may be placed in the parkway of the
open house.
4.
No
open house flags or signs shall be allowed in the parkways on any
day of the week except Fridays, Saturdays, Sundays, and legal holidays.
5.
No
signs shall be posted at any time in the Euclid Avenue median or parkway,
on a street tree, or utility pole.
6.
Any
open house signs remaining in the parkway after the weekend or holiday
shall be subject to confiscation, and a citation may be issued after
one written warning.
(Ord. 1927 § 2, 2017)
A.
Purpose. The purpose of this section is to provide a uniform,
coordinated method of offering developers a means of providing directional
signs to their new residential development projects, while minimizing
confusion among prospective purchasers who wish to inspect development
projects, while promoting traffic safety and reducing the visual blight
of the proliferation of signs. "New residential projects" means newly
constructed subdivisions which are actively marketed to prospective
buyers by the developer.
B.
Prohibited Signs. Directional and kiosk signs, including travel
direction signs, other than those on-site, are prohibited except as
provided in this section.
C.
Authority to Grant License. The City Council may, by duly
executed license agreement, grant to a qualified person(s) the exclusive
right to design, erect and maintain off-site directional and kiosk
signs within the entire City, or any designated portion thereof. If
such an agreement is implemented, all directional and kiosk signs
shall be regulated and installed per the agreement and approvals between
the licensee and the City. The licensee shall not install any new
structures without express written consent of the Community Development
Director.
D.
License Required. No person shall erect or maintain any directional
sign or kiosk sign within the City without first obtaining a license
issued by the City Council. A license may be issued to locate a single
directional sign in the public right-of-way at locations approved
by the Community Development Director.
E.
Location of Directional and Kiosk Structures. Directional
signs and kiosk structures are subject to the following provisions:
1.
Sign
structures shall not obstruct the use of sidewalks, walkways, bike
or multiuse trails;
2.
Sign
structures shall not obstruct the visibility of vehicles, pedestrians
or traffic control signs;
3.
Sign
structures shall, where feasible, be combined with advance street
name signs;
4.
Sign
structures shall not be installed in the immediate vicinity of street
intersections;
5.
Sign
structures shall be limited to one structure between street intersections;
6.
Sign
structures shall be located not less than 600 feet from an existing
or previously approved sign structure. Notwithstanding, sign structures
on Euclid Avenue shall be located not less than 1,000 feet from an
existing or previously approved sign structure;
7.
No
sign structure shall be permitted within the Euclid Avenue median;
8.
The
Community Development Director shall determine the minimum number
of sign structures permitted under the license agreement(s) executed
by the City Council. In determining the number of permitted sign structures,
the Community Development Director shall consider that the purpose
of this section is to provide adequate directional signs to new residential
projects while promoting traffic safety and reducing visual blight
due to the proliferation of signs.
F.
Time Period. Sign structures shall be allowed for a maximum
period of time concurrent with the approved time limit of the structure
location as designated in the license agreement.
G.
Design Standards for Directional and Kiosk Structures.
1.
Sign
structures shall be subject to review and approval by the Community
Development Director through the design review process.
2.
Sign
structures shall be wood type with individual sign panels of uniform
design and color throughout the City limits.
3.
Sign
structures shall not exceed eight feet in height.
4.
The
width of sign structures and sign panels shall not exceed five feet.
5.
Sign
panels shall not be illuminated. Flashing lights shall not be permitted.
6.
Sign
structure installation shall include break away design features where
required by the building official or Public Works Director in right-of-way
areas.
7.
The
lettering for each tract identification shall be uniform and shall
be reviewed and approved by the Community Development Director or
the appointed designee.
8.
No
attachments, tags, signs, streamers, devices, display boards, pennants,
flags or other devices for visual attention or other appurtenances
shall be placed on the directional or kiosk sign.
9.
Sign
panels shall be confined to the identification of new residential
subdivisions which are actively marketed by the developer and a directional
arrow. When a model complex closes, that project sign identification
shall be immediately removed from the sign structure.
H.
Insurance and Hold Harmless Requirements. Licensee shall accept
liability for all signs and shall provide insurance naming the City
as additionally insured in a form and with a company acceptable to
the City Attorney. The City, and its officers and employees, shall
be held free and harmless of all costs, claims, and damages levied
against them.
I.
Permits Required. All signs must have applicable building
and safety and Community Development Department permits including
a sign permit.
J.
Signs on Private Property. All signs placed on a private property
must receive written consent of the property owner, which shall be
filed with the Community Development Department prior to issuance
of a permit. Written consent shall give the City the right to enter
the private property to remove any sign(s) not in conformance with
this section or the license agreement.
K.
Sign Location Plan.
1.
A
sign location plan shall be prepared showing the site of each directional
sign and shall be submitted to the Community Development Department
prior to the issuance of a sign permit.
2.
Placement
of signs must be in accordance with permit specifications from the
City's Public Works Department.
3.
All
signs within public rights-of-way must have an encroachment permit.
4.
The
placement of each sign structure shall be reviewed and approved by
the Community Development Director or appointed designee.
L.
Maintenance. Licensee shall maintain all signs free of graffiti and in a neat, clean, orderly and weed-free condition. Graffiti shall be removed in accordance with Chapter 9.36 of the Upland Municipal Code.
M.
Violation of License Agreement. All violations of the license
agreement are to be corrected within 48 hours (two days).
N.
Planning Commission Review. The Planning Commission shall
conduct an annual review of the signs licensed pursuant to this section
to ensure compliance with the municipal code and the license agreement.
The Planning Commission shall forward their review and recommendations,
if any, to the City Council.
O.
Directional or Kiosk Sign Structures—Operation. The
licensee shall make directional or kiosk sign panels available to
all persons or entities selling residential subdivisions (hereinafter
referred to as subdividers) on a first-come, first-serve basis. The
licensee shall maintain a separate waiting list for each sign structure.
Alternatively, a subdivider may apply to licensee for a sign panel
program consisting of a single sign panel on each of a series of sign
structures as needed to guide prospective purchasers to the subdivision.
P.
Applicability. This chapter shall not apply to temporary off-site
real estate signs lawfully installed prior to the effective date of
the ordinance codified in this chapter. Any such signs may remain
and shall be subject to the conditions of approval set forth in the
sign permit.
(Ord. 1927 § 2, 2017)
Political campaign signs shall be permitted in any zone subject
to the granting of a permit by the City Manager or designee for each
local, special, district, state, or national election, when such signs
satisfy each of the following conditions.
A.
Statement of Understanding. Applicants shall sign a statement
indicating that they understand the regulations and that it is presumed
that any sign advertising the candidacy of any particular candidate
applicant was erected and/or placed by and with consent of that candidate
applicant. Likewise, it is presumed that all signs advertising or
propounding a particular affirmative or negative vote on an issue
and/or proposal were placed and/or erected by the person or committee
applicant propounding that proposition.
B.
Time Limit. All signs advertising candidates or specific issues
shall be removed within 10 days after the date of the election by
the candidate, person or committee applicant advertising the candidacy,
issue or proposal.
C.
Maximum Total Area. No sign shall exceed six square feet in
total area in residential zones, nor more than 16 square feet in commercial
or industrial zones.
D.
Maximum Height. The sign shall not exceed an overall height
of four feet in residential zones, nor more than six feet in commercial
or industrial zones.
E.
Lighting. The sign shall not be lighted either directly or
indirectly.
F.
Attachment. The sign shall not be attached to any tree, fence
post, utility pole, nor affixed in any permanent manner to any structure.
G.
Location. No sign shall be posted in the public right-of-way.
(Ord. 1927 § 2, 2017; Ord. 1968 § 3, 2022)
Construction signs not exceeding 32 square feet may be maintained
in any zone on an active construction site. A valid permit must be
obtained prior to erection of the sign. Any such sign(s) shall be
removed not later than three working days after the Building Department
shall have determined the project to be completed.
(Ord. 1927 § 2, 2017)
A.
Use. The use of flags, banners, pennants, balloons, and exterior
window signs is prohibited except in connection with promotional sales
sign programs of businesses which meet the requirements as described
in this chapter.
B.
Time Limitations. Flags, banners, pennants, and exterior window
signs will be permitted for a maximum of eight weeks within each quarter.
D.
Maximum Number. Not more than one banner or pennant shall
be displayed on each frontage on a public street, right-of-way, or
parking lot.
(Ord. 1927 § 2, 2017)
Except as provided in Section 17.15.100, no outdoor advertising sign shall be erected, installed, or maintained for the identification or advertising of any residential use except as permitted herein; provided, further, that the following additional provisions shall apply:
A.
All
signs shall be stationary;
B.
No
signs, excepting nameplates, shall be directly lighted;
C.
Roof
signs shall be prohibited;
D.
All
signs shall be subject to review and approval by the design review
board.
(Ord. 1927 § 2, 2017)
A.
Identification Signs. Two single-faced or one double-faced
identification sign at the main point of entry to the development,
containing only the name and street address of the development, not
exceeding 24 square feet in area for each face, and not exceeding
four feet in height. One additional 24 square foot, four-foot high
single-faced identification sign shall be permitted along any other
public street right-of-way upon which the property has frontage, providing
such street frontage exceeds 330 feet. The setback of the particular
zone shall apply.
(Ord. 1927 § 2, 2017)
A.
Identification Signs. Two single-faced or one double-faced
identification sign at the main point of entry to the development,
containing only the name and street address of the development, not
exceeding 24 square feet in area for each face, and not exceeding
four feet in height. One additional 24 square foot, four-foot-high
single-faced identification sign shall be permitted along any other
public street right-of-way upon which the property has frontage providing
such street frontage exceeds 330 feet. The setbacks of the particular
zone shall apply.
B.
For Sale, Lease, or Hire Signs. One unlighted sign not to
exceed 12 square feet in area pertaining only to the sale, lease or
hire of the particular building, property or premises upon which displayed.
C.
Temporary Identification and Advertising Signs. One on-site
sign not exceeding 50 square feet in area. Such sign shall be permitted
for a period of time not to exceed six months and may be renewed for
one additional six month period. Such sign shall pertain only to the
development on the property.
(Ord. 1927 § 2, 2017)
No sign shall be erected, installed, or maintained on any highway-commercially
zoned property or property used for highway commercial purposes except
as provided hereinafter.
(Ord. 1927 § 2, 2017)
A.
Attached
signs as defined in this chapter, either lighted or unlighted, may
be permitted on any building or structure in any highway commercial
zone when used for any highway commercial use, excepting a service
station, subject to the provisions of this chapter and as provided
in this section.
B.
Allowable Sign Area. The maximum allowable area of any attached
sign shall be based on a calculation of the linear dimension(s) of
the building face(s) fronting on a public street, right-of-way, or
parking lot, as follows:
1.
Single-Occupancy Buildings. Allowable sign area shall not
exceed one square foot for each linear foot of building face. One
sign shall be permitted for each separate building frontage on a public
street, right-of-way, or parking lot. In no case shall any such sign(s)
exceed 120 square feet in area.
2.
Multiple-Occupancy Buildings. In the case of a multiple-occupancy
commercial site having a common wall or walls, the allowable attached
sign area shall be one square foot per foot of building face. One
sign shall be permitted for each street frontage of each separate
occupancy. In no case shall any such sign(s) exceed 120 square feet
in area.
(Ord. 1927 § 2, 2017)
Excepting as provided in Section 17.15.100, Special signs permitted—General, detached signs shall be permitted in the CH highway commercial zone, subject to the following limitations:
A.
Allowable Number of Signs. Not more than one detached identification sign shall be permitted for each lot frontage along a public street, except as permitted in subsection E of this section.
B.
Allowable Height of Permitted Signs.
1.
Sites of Five Acres or Less. Detached signs shall not exceed
12 feet in height.
2.
Sites of More than Five Acres. Detached signs shall not
exceed 16 feet in height.
3.
Attachments to Permitted Signs. There shall be no attachment
of other signs or panels to detached signs unless approved by the
design review board.
C.
Area of Permitted Signs. One hundred square feet.
D.
Sign Incentive. Where a multiple-occupancy building utilizes
only a monument sign as a detached sign containing no more than 60
square feet in area and not exceeding eight feet in overall sign height,
a second monument sign, not to exceed 60 square feet in area and a
maximum of eight feet in height, may be permitted on the same street
frontage, provided the monument signs are separated by a minimum of
100 feet.
E.
Sign Setback. No detached sign, as permitted in this section,
shall be located less than 15 feet from any property line separating
the multiple-occupancy center from another property.
F.
Internal Directory. One internal directory sign containing
a list of businesses located in a multiple-use center, not exceeding
six feet in height and a maximum of 48 square feet in area, shall
be permitted adjacent each main entry drive of a commercial center
provided such sign is located a minimum of 50 feet from a public street
and further provided that such sign is not designed to be readily
visible from a public street.
(Ord. 1927 § 2, 2017)
Electronic changeable-copy signs shall not be permitted in the HC highway commercial zone, except by the issuance of a conditional use permit or pursuant to a relocation agreement as provided under Section 17.15.090. Electronic changeable-copy signs approved pursuant to a conditional use permit, but not relocated off-premises advertising displays approved in accordance with Section 17.15.090, shall be subject to the following requirements:
A.
Site. The minimum site area for any proposed electronic changeable-copy
signs shall be no less than two and one-half acres, with no less than
250 feet of lineal frontage on a major arterial or freeway, as defined
by the circulation element of the general plan, excepting Euclid Avenue
Scenic Corridor, where such electronic changeable-copy signs as discussed
in this section shall be prohibited.
B.
Land Use. The installation of an electronic changeable-copy
sign shall be limited to those uses which are characterized by specialized
outdoor sales, as follows: Those uses which rely on the outside display
of merchandise as a primary means of business, with 80 percent or
more of this merchandise placed outdoors. This description shall include
such enterprises as car dealerships, recreational vehicle sales and
home improvement centers in such locations where such uses are permitted.
This land use requirement shall not be satisfied by agencies for the
sales, leasing or brokering of automobiles, recreational vehicles
or other similar merchandise for which the merchandise is stored at
another location.
C.
Allowable Height. The allowable height of an electronic changeable-copy
sign shall be established by a line-of-site study; however, in no
case shall the height exceed 25 feet.
D.
Allowable Sign Area. The allowable sign area of an electronic
changeable-copy shall not exceed 100 square feet, with an additional
25 square feet of sign area being permitted for other general identification.
E.
Allowable Number of Signs. No more than one electronic changeable-copy
sign shall be permitted per site.
F.
Sign Setbacks.
1.
Driveways, Buildings or Other Obstructions. No electronic
changeable-copy sign shall be located closer than three feet to the
nearest driveway, building or other obstruction.
2.
Side Property Lines. No electronic changeable-copy sign
shall be located less than 25 feet from any adjacent side property
line.
3.
Front Property Lines. No electronic changeable-copy sign
shall be located closer than five feet from the front property line
to any portion of the sign, excepting on those properties which have
frontage on a public right-of-way with a width of 175 feet or greater.
G.
Design Standards. All proposed electronic changeable-copy
signs and attendant landscaping and irrigation plans shall be subject
to review of the design review board. The recommendations of the design
review board shall be presented to the Planning Commission, during
consideration of the conditional use permit. The scope of review by
the design review board shall include consideration of all the following:
1.
That
the proposed sign displays are proportional to its face and its supporting
structures;
2.
That
the proposed sign and its supporting structure contains a full architectural
treatment which is consistent with and complementary to the architectural
design, massing, color, size and treatment of the business itself;
and is harmonious with the general character of immediately surrounding
properties;
3.
That
the proposed sign site shall incorporate dense landscaping, to visually
reduce the mass and size of the sign as it appears from all public
rights-of-way. Such landscaping may include the provision of berming,
street trees, on-site landscape islands and landscaped setbacks, as
needed, to provide an appropriate context for the proposed sign. The
sign itself shall be placed within a landscaped and irrigated planter
area;
4.
That
the proposed sign shall serve as the primary identification sign for
the property, and shall replace any other existing primary identification
structure which serves this purpose;
5.
That
the sign does not distract motorists or create other traffic or safety
hazards.
H.
Conditions. Prior to the approval of a conditional use permit
for an electronic changeable-copy sign, the Planning Commission shall
impose the following requirements, together with any additional conditions
deemed necessary:
1.
That
the changeable commercial message display intervals shall change no
more frequently than once every eight seconds; and that blinking and/or
moving characters shall be prohibited;
2.
That
a time and temperature display of at least eight seconds shall be
required to appear during every two minutes of operation;
3.
That
public service messages shall constitute 10 percent of the messages
displayed during each one-hour period. These public service messages
are in addition to the required time and temperature displays. All
public service messages shall be subject to City approval and shall
be reviewed on an annual basis, or as deemed necessary;
4.
That
the sign shall be properly maintained so that inoperative or improperly
lighted bulbs do not impair the appearance and legibility of the sign;
5.
That
no off-site advertising or messages, other than public service information
approved by the City, shall be displayed;
6.
That
the proposed sign will not create a traffic hazard by distracting
drivers or any obstructing traffic visibility;
7.
That
the electronic changeable-copy sign shall be screened, tinted, shielded
or otherwise modified, as necessary, to eliminate excessive glare,
as deemed sufficient by the Planning Director.
I.
Findings. Approval of a conditional use permit for an electronic
changeable-copy sign shall include the following findings:
1.
That
the proposed electronic changeable-copy sign serves a legitimate advertising
need for a specialized outdoor sales operation;
2.
That
the proposed sign will not be disruptive to other properties and land
uses within 300 feet;
3.
That
the proposed sign does not disrupt a view or scenic corridor identified
in the City's general plan;
4.
That
the proposed sign incorporates sufficient landscaping to visually
mitigate the height, mass and size of the sign;
5.
That
the proposed sign is designed to complement and enhance the architectural
features of the proposed site and its surroundings;
6.
That
the proposed sign does not create a traffic hazard;
7.
That
the proposed sign is to be installed in conjunction with a comprehensive
plan of site renovation and enhancement.
(Ord. 1927 § 2, 2017)
No sign shall be erected, installed, or maintained on any commercially or professionally zoned property used for commercial or professional purposes except as provided herein or pursuant to a relocation agreement as provided under Section 17.15.090.
(Ord. 1927 § 2, 2017)
A.
Attached
signs as defined in this chapter, either lighted or unlighted, may
be permitted on any building or structure in any commercial or professional
zone (excepting HC) when used for any commercial or professional use,
excepting a service station, subject to the provisions of this chapter
and as provided in this section.
B.
Allowable Sign Area. The maximum allowable area of any attached
sign shall be based on a calculation of the linear dimension(s) of
the building face(s) fronting on a public street, as follows:
1.
Single-Occupancy Buildings. Allowable sign area shall not
exceed one square foot for each linear foot of building face. A maximum
of two signs shall be permitted for each separate building frontage
on a public street.
2.
Multiple-Occupancy Buildings. In the case of a multiple-occupancy
commercial or professional site having a common wall or walls, the
allowable attached sign area shall be one-half square foot per foot
of building face. In no case shall any such sign(s) exceed 60 square
feet in area.
(Ord. 1927 § 2, 2017)
Excepting as provided in Section 17.15.100, Special Signs Permitted—General, the following limitations shall apply for all single-and multiple-occupancy uses in all commercial (excepting HC) and professional zones provided hereinafter.
A.
Allowable Number of Signs. Not more than one detached identification
sign shall be permitted for each lot frontage along a public street.
B.
Allowable Height of Permitted Signs. Detached signs shall
not exceed eight feet in height and shall be constructed to be architecturally
compatible with the adjacent building.
C.
Attachments to Permitted Signs. There shall be no attachment
of other signs or panels to detached signs unless approved by the
design review.
D.
Area of Permitted Signs. Thirty-six square feet.
E.
Sign Setback. No detached sign as permitted in Section 17.15.210 shall be located less than 15 feet from any property line separating one parcel from another parcel.
F.
Internal Directory. One internal directory sign containing
a list of businesses located in a multiple-use center, not exceeding
five feet in height and a maximum of 20 square feet in area shall
be permitted adjacent each main entry drive of a commercial center
provided the sign is located a minimum of 50 feet from a public street
and further provided that the sign is not designed to be readily visible
from a public street.
(Ord. 1927 § 2, 2017)
Signs and outdoor advertising are permitted in any industrial
zone provided they are located on the premises of the use to which
such signs pertain and subject to the following provisions.
A.
Attached Signs. The following limitations shall apply for any industrial zone excepting in the airport industrial zone, wherein the provisions of Section 17.15.190, Highway Commercial Signs—General, shall apply:
1.
Single-Occupancy Buildings. Allowable sign area shall not
exceed one-half square foot for each linear foot of building face.
A maximum of two signs shall be permitted for each separate building
frontage on a public street. An allowable sign area of three-quarters
square feet for each linear foot of building shall be permitted where
only one sign exists per street frontage.
2.
Multiple-Occupancy Buildings. In the case of a multiple-occupancy
industrial site having a common wall or walls, the allowable attached
sign area shall be one square foot per linear foot of building face.
In no case shall any such sign exceed 120 square feet in area.
B.
Detached Signs. The following limitations shall apply for any industrial zone excepting in the airport industrial zone, wherein the provisions of Section 17.15.190, Highway Commercial Signs—General, shall apply:
1.
Maximum Number of Signs. Not more than one sign shall be
located in any 100 feet of lot frontage and such signs shall be not
less than 100 feet from the closest other sign; provided, however,
that lots of record at the effective date of Ordinance No. 553, April
20, 1958, shall be permitted to have at least one sign for each such
lot.
2.
Sign Setback. Minimum setback from residential or agricultural
districts shall be not less than 50 feet. The minimum setback for
an industrial zone totally within an industrial area shall not be
less than 10 feet.
3.
Area of Signs. The maximum allowable area of freestanding
signs shall be 48 square feet.
C.
Directional Signs. Signs used for directional purposes are
permitted in these zones. Such signs shall not be larger than 50 square
feet in area.
D.
Internal Directory. One internal directory sign containing
a list of businesses located in a multiple-use center, not exceeding
six feet in height and a maximum of 48 square feet in area shall be
permitted adjacent each main entry drive of a commercial center provided
the sign is located a minimum of 50 feet from a public street and
further provided that the sign is not designed to be readily visible
from a public street.
(Ord. 1927 § 2, 2017)
A.
Signs in P Parking District. No signs, billboards, or advertising statuary, other than those referring to sponsorship, availability, and charges for parking space on a lot shall be permitted. The provisions of Section 17.15.080 and the following shall apply:
1.
One
sign for each entrance to a parking lot shall be permitted provided
that the sign shall not exceed one-half square foot of area for each
one linear foot of street fronting upon the subject lot, and further
provided that no single sign shall exceed 48 square feet in area.
2.
Exit
signs not to exceed six square feet in area shall be permitted at
each exit from the parking lot to any abutting street or alley.
B.
Signs in OS Open Space, Agricultural and SP Special Land Use Zones. No outdoor advertising structures shall be permitted in the OS,
SP, Ag-C-40, or Ag40 zones except identification signs not exceeding
75 square feet in area erected for the convenience of the public as
determined by the design review board.
C.
Permitted Signs for Automotive Service Stations. All signs and advertising displays shall be in accordance with the provisions of Chapter 17.22, Automotive and Vehicle Service, Sales and Storage.
D.
Detached Signs on Euclid Avenue. Detached signs on Euclid
Avenue are expressly prohibited except for a business with frontage
on Euclid Avenue which may have such detached sign as may be approved
by the design review board, providing the business can demonstrate
to the design review board the following facts:
1.
That
the allowable attached sign will not be adequately visible to attract
business from public street traffic by reason of the obstruction of
adjacent buildings, landscaping, setback line of the applicant's own
business or other cause; and
2.
That
the proposed sign and the proposed placement thereof will blend harmoniously
with the surrounding property and the beauty of Euclid Avenue. The
decision of the design review board shall be appealable to the Council
upon the same terms and conditions as any decision of the design review
board is appealable in pursuance to the terms of this Code.
E.
Signs in the Scenic Corridor Overlay Zone. All signs and advertising displays shall be in accordance with the provisions of Section 17.09.030, Scenic Corridor Overlay Zone.
F.
Electronic Changeable-Copy Signs at High Schools.
1.
Land Use/Applicability. This section regulates the installation
of an electronic changeable-copy sign at a high school within the
Public/Institutional (PB/I) zone. "Animated signs" are not permitted.
2.
Review
Authority.
a.
All applications for a permit required by this chapter must be made
in writing on such form as the Development Services Director prescribes.
b.
The Development Services Director or designee shall approve, conditionally
approve, or deny all applications.
c.
The Development Services Director or designee may choose to refer
any application to the Planning Commission for review and final decision.
3.
Application Required. No electronic changeable-copy sign
shall be constructed, located or modified within the City on any property,
including the public right-of-way, without the approval of an application
and issuance of a permit as required by this chapter, and in compliance
with all provisions of this chapter.
4.
Allowable Height. The maximum allowable height of an electronic
changeable-copy sign shall be 18 feet.
5.
Allowable Sign Area. The allowable sign area of an electronic
changeable-copy shall not exceed 60 square feet, with an additional
25 square feet of sign area being permitted for other general identification.
6.
Allowable Number of Signs. No more than one electronic changeable-copy
sign shall be permitted per site.
7.
Sign Setbacks.
a.
Driveways, Buildings, or Other Obstructions. No electronic changeable-copy
sign shall be located closer than three feet to the nearest driveway,
building, or other obstruction.
b.
Side Property Lines. No electronic changeable-copy sign shall be
located less than 25 feet from any adjacent side property line.
c.
Front Property Lines. No electronic changeable-copy sign shall be
located closer than five feet from the front property line to any
portion of the sign, except when the City of Upland Grants an Encroachment
License Agreement for a sign within the public right-of-way.
d.
Vision Triangles. Vision triangles required under Section 17.10.060(C) shall be maintained.
8.
Location Standards. Signs shall be located adjacent to a
public street and shall not face onto solely residential zoned property.
9.
Design Standards. All proposed support structures for an
electronic changeable-copy signs shall include decorative materials
and the sign structure shall be placed within a decorative landscape
planter.
10.
Findings. Approval of a sign design/criteria review
for an electronic changeable-copy sign shall include the following
findings:
a.
That the proposed electronic changeable-copy sign serves a high school
within a Public (PB) zone.
b.
That the light and glare generated from the proposed sign will not
be disruptive to other properties and land uses within 300 feet of
the sign.
c.
That the proposed sign does not disrupt a view or scenic corridor
identified in the City's General Plan.
d.
That the proposed sign does not create a traffic hazard.
11.
Conditions of Approval. The review authority may
add conditions of approval to the operation of the sign to ensure
the protection of public health, safety and welfare in addition to
the following:
a.
That the changeable message display intervals shall change no more
frequently than once every eight seconds; and that blinking and/or
moving characters, except when necessary to transition to the next
message, shall be prohibited;
b.
That the sign shall be properly maintained so that inoperative or
improperly lighted bulbs do not impair the appearance and legibility
of the sign;
c.
That no off-site advertising or messages shall be displayed excepting
City of Upland messaging;
d.
That the electronic changeable-copy sign shall be screened, tinted,
shielded or otherwise modified, as necessary, to eliminate excessive
glare, as deemed sufficient by the Development Services Director;
and
e.
That the sign shall be dimmed to a maximum of 20 percent brightness
capacity between the hours of 10:00 p.m. and 6:00 a.m., in order to
reduce light and glare impacts.
(Ord. 1927 § 2, 2017; Ord. 1952 § 3, 2021)
Any decision by the Community Development Director, administrative committee, or design review board pertaining to signs may be appealed pursuant to Chapter 17.47, Referrals, Appeals, and Calls for Review, of the Upland Municipal Code.
(Ord. 1927 § 2, 2017)
