This article establishes a comprehensive system of City sign
regulations. The intent of these regulations is to:
(a)
Manage signs in a manner that preserves the historic, small-town
aesthetic and character of the City while also avoiding visual clutter
and adverse impacts to pedestrian and traffic safety.
(b)
Assist the public in easily identifying uses and premises, thereby
minimizing confusion and improving traffic safety.
(c)
Allow signs in residential neighborhoods that are consistent with
residential scale and character.
(d)
Encourage signs in commercial, office, and industrial areas that
will create attractive places to work and shop.
(e)
It is the City's policy to regulate signs in a constitutional manner
that does not favor commercial speech over noncommercial speech and
is content-neutral as to non-commercial messages which are within
the protections of the First Amendment to the U.S. Constitution and
the corollary provisions of the California Constitution. Therefore,
pursuant to the United States Supreme Court's decision in Reed v. Town of Gilbert, Arizona and related cases, this
article is intended to narrowly regulate signs within the City by
imposing reasonable, content-neutral regulations while leaving open
ample alternative avenues of communication for the City's residents,
businesses, and visitors.
|
Definitions of the specialized terms and phrases used in this article may be found in Ojai Municipal Code Section 10-2.3602(s)(6).
|
(§ 2, Ord. 876, eff. November 12, 2017)
(a)
The standards of this article shall apply to all signs, unless otherwise
indicated. In the event two or more provisions of this article apply
to a particular sign, the more specific provision shall prevail.
(b)
Unless otherwise authorized by this article, a sign permit is required for all new signs displayed within the City. A sign permit is not required for signs designated as exempt pursuant to Section 10-2.1606.
(c)
An applicant for a sign permit shall file the application on a form
provided by the Community Development Department and pay a fee set
by City Council resolution. A color, to-scale rendering of the design
and text of a sign shall be submitted along with the application for
a sign permit.
(§ 2, Ord. 876, eff. November 12, 2017)
(a)
Except as otherwise provided in this section, sign permits shall
be approved by the Director through the sign permit process set forth
in this article. Any proposed sign must be consistent with the purpose
and provisions of this article.
(b)
A sign approved by the Planning Commission via a comprehensive sign
program and which is consistent with that program shall not require
a further sign permit.
(c)
Maximum number. Any property not located in a residential-only zone, including any property in commercial or mixed-use zones, shall be limited to a maximum of two on-site signs, except that a property with more than two main entrances may have an on-site sign at each entrance. Exempt signs specified in Section 10-2.1606 do not count against this sign number limit.
(d)
Maintenance.
(1)
All signs and their supporting hardware shall be maintained in good
repair and function properly at all times.
(2)
Repairs to a sign shall use materials and design of equal or better
quality as the original sign.
(3)
A sign which is not properly maintained or is dilapidated may be
deemed a public nuisance by the Director.
(4)
Upon written notice from the Director, any necessary alterations,
maintenance, or repairs to a sign specified in the notice shall be
made within 30 days after the date of the notice.
(5)
When an existing sign is removed or replaced, all brackets, poles
and other supports that are no longer required shall also be removed.
Unpainted areas exposed by removal or replacement of the sign shall
be painted to match the adjacent portion of the building or sign support
structure.
(e)
Materials. All signs shall be constructed with materials
and workmanship of high quality to avoid problems of deterioration
and maintenance which would give rise to unsightly and unsafe conditions.
Every sign and its frame shall be constructed in compliance with all
applicable City, State, and Federal laws, codes, and regulations.
(1)
Signs with foundations or sign materials weighing over 10 pounds
and/or mounted over eight feet above finish grade shall require, in
addition to a sign permit, a building permit before installation.
(f)
Maximum height measurement. The maximum allowable
sign height shall be measured by the distance from the average adjacent
ground level within five feet of the base of the sign to the top of
the sign, including the superstructure and any design element.
(g)
Maximum area measurement. The maximum allowable sign area, in compliance with Section 10-2.1607, shall be measured as follows:
(1)
The surface area of a sign shall be calculated by the number of square
feet of the smallest rectangle within which a sign face can be enclosed.
(2)
The area of a building face or wall shall mean the outer street-facing
surface of a structure or any main exterior wall or storefront, including
parapet walls, calculated in square feet.
(3)
Supporting framework or bracing that is clearly incidental to the
display itself shall not be computed as sign area.
(4)
A sign composed of more than one sign face shall be computed as including
only the maximum single display surface that is visible from any ground
position at one time, including the backing, borders, and framing
for letters.
(5)
Where a sign consists of one or more three dimensional objects (e.g.,
balls, clusters of objects, cubes, sculpture, or statue-like trademarks),
the sign area shall be measured as the maximum projection of the 3-sides
on a vertical plane, and shall be deemed as having four sign faces.
(6)
Interior signs located inside a building or structure shall not be
oriented towards building windows or openings. If the applicant or
owner demonstrates that it is infeasible to orient interior signs
away from windows or openings, such signs shall be set back a minimum
of 20 feet from said windows or openings and shall not be larger than
six square feet. For window signs, see Section 10-2.1607(t).
(h)
Illumination. The artificial illumination of signs
shall be designed, to the extent possible, to avoid negative impacts
on surrounding properties.
(1)
External light sources shall be directed and shielded from view to
limit direct illumination of any object other than the sign.
(2)
Lights for indirectly illuminated signs shall only cast light on
the sign face and must not cause light trespass to any other location
or facility.
(3)
Lights shall not be used at a location or in a manner that may cause
them to be confused with traffic control devices.
(4)
Illuminated signs shall not use more than 10 candlepower per square
foot illumination measured at the sign face. In no event shall the
intensity or brightness of an illuminated sign interfere with the
reasonable enjoyment of properties in direct visual proximity to the
sign.
(5)
The approval of an illuminated sign shall not be final until 30 days
after installation, during which time the Director may require dimming
of the sign if the illumination is found to be inconsistent with this
section, detrimental to adjacent property, or a traffic hazard.
(6)
In addition to a sign permit, an electrical permit shall be required
for circuits installed to provide power to light an illuminated sign.
(i)
Colors, design, and text.
(1)
Sign colors shall be harmonious with the structure to which the sign
pertains. Sign colors shall also be compatible with the City's existing
aesthetic character, including backgrounds of muted, flat, or matte
colors, including browns, greys, and whites.
(2)
Lettering colors shall be subdued in brilliance.
(3)
The colors, design, and text of a sign shall be subject to any other
applicable City-adopted guidelines or area plans.
(j)
Substitution clause. The owner of any sign which
is otherwise allowed by this article may substitute non-commercial
copy in place of any other commercial or non-commercial copy. This
substitution of copy may be made without any additional approval or
permitting. The purpose of this provision is to prevent any inadvertent
favoring of commercial speech over non-commercial speech or favoring
of any particular noncommercial message over any other non-commercial
message. This provision prevails over any other provision of this
Code to the contrary.
(§ 2, Ord. 876, eff. November 12, 2017)
(a)
The Historic Preservation Commission shall review and approve or
deny sign permits for all signs for designated landmark buildings,
consistent with the purpose and provisions of this article.
(b)
Any Historic Preservation Commission approval or denial of a sign permit shall occur at a noticed public hearing. An applicant that wishes to obtain a sign permit that requires review by the Historic Preservation Commission is not required to submit a full work permit application to the Historic Preservation Commission, but is required to submit an application on a form developed by and available from the Community Development Department. The applicant may appeal a denial of a sign permit by the Historic Preservation Commission to the City Council, under the procedural requirements of Chapter 8 of Title 4 of the Ojai Municipal Code.
(§ 2, Ord. 876, eff. November 12, 2017)
The following signs, where visible by the general public from
the public right-of-way or from private property which is generally
accessible to the public, are inconsistent with the purpose and standards
of this article and are prohibited in all zoning districts:
(a)
Animals or human beings, live or simulated, designed or used to attract
attention to a business.
(b)
Animated, blinking (intermittent light), color-changing, flashing,
fluctuating, moving, reflecting, revolving, changeable-copy signs,
electronic reader board signs, or other similar signs, except for
changeablecopy signs displaying time or temperature.
(c)
Balloon signs, and similar floating, flying, or inflated signs.
(d)
Commercial billboards and commercial off-site signs.
(e)
Bench signs, except for commemorative plaques.
(f)
Internally illuminated signs, unless specifically approved by the Director as in compliance with the illumination standards of Section 10-2.1603(h) and as consistent with the City's aesthetic character.
(g)
Neon signs, except as specified in Section 10-2.1607(h), or as approved through a comprehensive sign program.
(i)
Portable signs, including A- or T-frame sandwich board signs, unless approved by the Planning Commission in compliance with Section 10-2.1608, or allowed as specified in Section 10-2.1607(r).
(j)
Price signs, except for those located at service stations.
(k)
Rider signs that are appurtenances attached to a sign and which are
not an integral part of the display panel of the approved sign.
(l)
Signs mounted on the roof of a structure or extending above the edge
or eave of the roof.
(m)
A sign erected in a manner that would cause a portion of its surface
or supports to interfere with the free use of a fire escape, exit,
or standpipe; or obstruct a door, stairway, ventilator, or window
required by law.
(n)
Signs that imitate, conflict or interfere with, or may be confused
with traffic control devices.
(o)
Signs that obstruct or interfere with the safe and efficient flow
of vehicular or pedestrian traffic.
(p)
Signs that contain fighting words, obscene language or images, or
create a clear and present danger to the general public.
(q)
Signs on public property or that project onto a public right-of-way,
except as specifically allowed in this article or by Federal or State
law, and then only with an encroachment permit issued by the City.
(r)
Vehicle signs, unless the vehicle is used for transporting goods
or for services for business purposes. A vehicle sign must be affixed
so as to not project from the usual profile of the vehicle. A vehicle
bearing a vehicle sign may not be stored or parked on private or public
property for the principal purpose of advertising the business, good,
and/or service displayed on the sign.
(s)
Signs attached to fences, shrubs, trees, stones, utility poles, structures
on public property or in the public right-of-way, or any similar object
or structure, except as specifically allowed in this article or other
applicable provisions of Federal, State, and local law.
(t)
Signs outlined by individual light bulbs.
(u)
Except as otherwise specifically allowed in this article or by Federal
or State law, signs not intended for permanent display or erected
for a limited duration, including signs that are glued, nailed, pasted,
stapled, tacked, taped, or similarly secured to a structure.
(§ 2, Ord. 876, eff. November 12, 2017)
Sign permits shall not be required for the signs listed in this
section. Exempt signs shall not be included in the determination of
the total allowable number of signs or total allowable sign area for
a site or use.
(a)
Affiliation signs for auto-related uses, motels, and hotels that
note services provided or required by law, trade affiliations, credit
cards accepted, and similar content provided they are attached to
an otherwise approved sign or structure. Affiliation signs shall not
exceed one-half square foot in area per sign, and no more than six
affiliation signs are allowed for each business.
(b)
Change of sign copy within an approved comprehensive sign program that conforms to the provisions of the specific comprehensive sign program (see Section 10-2.1608).
(c)
Commemorative signs, plaques, and tables that are carved in aluminum,
bronze, concrete, stone, wood, or other similar permanent material
and mounted on a building or structure. These signs shall not exceed
four square feet in area and five feet in height.
(d)
Gasoline pump and price signs erected and maintained in compliance
with Sections 13470 through 13490 and 13530 through 13540 of the California
Business and Professions Code.
(e)
Holiday decorations, provided that display of such decorations is
limited to 30 days before and after the holiday.
(f)
City placed or owned signs or signs as authorized by the City for
a municipal purpose.
(g)
"No Trespassing" signs, not to exceed three square feet in area,
placed at each corner and each entrance to the property, and at intervals
of not less than 100 feet or in compliance with State requirements.
(h)
Occupant name, street number, and street name signs not exceeding
three square feet in area for each single-family or multi-family unit.
(i)
Official and legal notices required by a court or governmental agency,
including any signs required by the City.
(j)
Official flags of a nation, the State of California, other states
of the United States, and municipalities, provided that the pole height
for such flags shall not exceed 25 feet in residential zoning districts
and 35 feet in nonresidential zoning districts. The length of the
flag shall not be more than one-fourth of the height of the pole.
Larger flags may be allowed subject to the approval of the Director.
(k)
Political signs.
(l)
Public utility signs indicating danger, construction, excavations
or similar hazards, or signs that serve as an aid to public safety,
or show the location of underground facilities.
(m)
Service club signs, clustered on a single uniform sign of a design
and location approved by the Director.
(n)
Signs on a construction site shall be allowed in all zone districts
provided such signs do not exceed one per street frontage, nor 40
square feet in area nor 54 inches in height. All such signs shall
be removed prior to issuance of a certificate of occupancy from the
City.
(o)
Signs erected and maintained in compliance with a governmental function
or required by a law, ordinance or governmental regulation.
(p)
Signs for commercial, office, and industrial uses not exceeding two
square feet and limited to property identification, hours of operation,
address, and emergency information.
(q)
Signs erected for the convenience of the public (e.g., signs identifying
restrooms, public telephones, walkways and similar features and facilities),
with a maximum area of two square feet.
(r)
Signs on a property that is for sale, rent, or lease, subject to
the following limitations:
(1)
One additional sign, beyond the base allowance in this chapter applicable
to the property, shall be allowed on each such property.
(2)
One further additional sign is allowed on such property during an
open house or other event promoting the property's status as for sale,
rent, or lease.
(3)
Additional off-site signs associated with a property for sale, rent,
or lease, are allowed within a reasonable proximity of such property
during and immediately before and after an open house or other event
of a maximum four days' duration promoting the property's status as
for sale, rent, or lease.
(4)
These additional signs may be single- or double-faced, and shall
be limited to three square feet for each side or less on property
in residential zoning districts, and six square feet or less on property
in all other zoning districts. These additional signs shall be placed
outside the pedestrian path of travel.
(5)
These additional signs shall be removed when the property is no longer
for sale, rent, or lease.
(s)
Signs limiting easement rights under Section 1008 of the California
Civil Code.
(t)
One additional sign, beyond the base allowance in this chapter applicable
to the property, shall be allowed on property under construction.
This additional sign shall be removed upon the completion of the construction
project.
(u)
Signs solely for the purpose of guiding traffic, parking, and loading
on private property. Maximum area for such signs shall be four square
feet in residential and village mixed use zoning districts and six
square feet in all other zoning districts. Maximum height for freestanding
versions of such signs shall be 54 inches in height. Taller signs
may be allowed by the Director, if visibility would not be impaired.
(v)
Signs which are not visible by the general public from the public
right-of-way or from private property which is generally accessible
to the public.
(w)
Small window signs, limited to a maximum of 20% of the property's
total window area, minus the area devoted to window signs (as defined
in Section 10-2.1607(t)).
(x)
Future tenant identification signs. One additional
sign, beyond the base allowance in this chapter applicable to the
property, shall be allowed on each property that will have a new occupant,
owner, or lessee within the next three months.
(§ 2, Ord. 876, eff. November 12, 2017)
(a)
Awning signs.
(1)
Awning signs shall only be located on building frontages, including
those fronting a parking lot or pedestrian way.
(2)
Awning signs are limited to ground level occupancies only.
(3)
Awning signs shall not be internally illuminated. However, lighting
directed downwards from the sign that does not illuminate the awning
is allowed.
(b)
Banner signs.
(1)
A newly opened business shall be allowed one on-site banner sign,
in addition to any other allowed signs.
(2)
Existing businesses shall be allowed one on-site banner sign up to
a maximum of four times per year, in addition to any other allowed
signs. Notwithstanding the foregoing, any business whose principal
activity is the presenting or sponsoring of multiple or changing events,
shows, programs and activities such as theater art, fine art, and
music events shall be allowed one on-site banner business sign up
to a maximum of eight times per year, in addition to any other allowed
signs.
(3)
A banner sign may be posted for up to 30 days. Notwithstanding the
foregoing, a banner sign may be posted for up to 60 days by any business
with its principal activity being the presenting or sponsoring of
multiple or changing events, shows, programs and activities, such
as theater art, fine art, and music events.
(4)
A banner sign shall be affixed to the exterior wall(s) of the building
or structure to which the sign pertains, and shall not hang between
posts, or from trees, or be within the public right-of-way, or be
placed on a rooftop. However, if the building or structure is at least
50 feet from the public right-of-way the banner sign may be placed
on a front fence, wall or other structure approved by the Director.
Notwithstanding the foregoing, any business whose principal activity
is the presenting or sponsoring of multiple or changing events, shows,
programs and activities such as theater art, fine art, and music events
shall be allowed to display banners on fixed posts that are integrated
into the architecture of the adjacent building and attractively designed
such that such posts do not detract from the aesthetics of the property.
(5)
Banner signs shall not exceed a maximum area of 24 square feet or 50% of the allowed permanent sign area for the particular site, whichever is less. Additional square footage may be allowed through design review approval by the Director, in compliance with Article 20 of this chapter.
(6)
Banner signs shall be maintained in good repair at all times.
(c)
Signs on any property within the commercial and manufacturing
zoning districts that display the name of any entity located on the
property.
(1)
These signs shall be limited to a maximum of two signs for each property
within the commercial and manufacturing zoning district, except that
a property having more than two main entrances may have a sign indicating
each entrance.
(2)
The combined area of all signs on a property within the commercial
and manufacturing zoning district shall not exceed 40 square feet
or 10% of the main building face area, whichever is less. However,
if the building on the site in which the entity is located is set
back at least 50 feet from the public right-of-way, the combined area
for all signs on the site shall not exceed 50 square feet or 13% of
the main building face, whichever is less.
(d)
Halo-lit or back-lit signs.
(1)
Halo-lit letters are to be lit from behind and should be properly
integrated into the building design.
(2)
The mounting surface of the halo-lit sign must be opaque and shall
not reflect the image of lamps contained within the letters.
(3)
All lamps must be fully concealed within the letters so as not to
be visible from any location accessible to the public.
(4)
The rear face of each letter shall be no more than one inch from
the background surface.
(5)
Each letter shall be completely enclosed with the front and side
surfaces made of opaque material and the back surface made of white
translucent Plexiglass.
(6)
Standoff brackets shall be center mounted and painted to match the
adjacent surfaces, so as not to be visible to the public.
(7)
Halo-lit or back-lit signs must be reviewed and approved by the Planning
Commission prior to being erected.
(e)
Marquee signs.
(1)
Marquee signs shall be mounted only on the front or sides of a marquee.
(2)
Marquee signs shall not project more than six inches from the face
of the marquee.
(3)
Marquee signs shall not extend above the top of a marquee.
(4)
A minimum distance of eight feet shall be maintained from the lowest
part of a suspended marquee sign to the ground below.
(f)
Monument signs.
(1)
The area of a monument sign shall not exceed 40 square feet or 10% of the main building face area, whichever is less, and shall be included within the total business sign area allowed on the site. However, if the building on the site in which the business is located is set back at least 50 feet from the property line, the area of a monument sign shall not exceed 50 square feet or 13% of the main building face, whichever is less, and shall be included within the total business sign area allowed on the site. In the event a monument sign is located in a residential zone and there is no main building face area from which to measure maximum sign area, the applicant must obtain a comprehensive sign program pursuant to Section 10-2.1608.
(2)
Monument signs are allowed only for frontages adjoining a public
street.
(3)
Monument signs shall not obstruct traffic safety sight areas.
(4)
There shall be a minimum of 50 feet between two monument signs on
adjoining sites to ensure adequate visibility for all signs; provided,
however, that the provisions of this subsection shall not prohibit
an individual legal parcel from having a monument sign.
(5)
Landscaping shall be provided at the base of the supporting structure
equal to twice the area of one face of the sign. For example, 20 square
feet of sign area would require a minimum of 40 square feet of landscaped
area.
(6)
The height of monument signs may not exceed 54 inches. However, height
may be increased by the Director upon the consideration of factors
such as the location of the monument sign, the intensity of the illumination
and glare produced, sign visibility with respect to topography and
other obstructions, traffic safety, and compatibility with surrounding
uses.
(7)
Text for monument signs shall be raised or routed. Other text styles
must be reviewed and approved by the Planning Commission prior to
being displayed.
(8)
Monument signs may be indirectly illuminated.
(g)
(h)
Neon and other similarly lighted signs. No neon
or similarly lighted signs or architectural elements are allowed in
the City with the exception of a two square foot "OPEN" neon or similarly
lighted sign allowed for commercial businesses. This exception shall
follow the following requirements:
(1)
Neon signs and linear tubing shall be UL (Underwriters Laboratories)
listed with a maximum 20 amps per circuit and be designed to accommodate
a dimmer in order to reduce the brightness of the neon.
(2)
The neon sign manufacturer shall be registered with UL (Underwriters
Laboratories).
(3)
Neon sign tubing shall not exceed one-half inch in diameter.
(4)
Neon sign tubing shall not be combined with any reflective materials
(e.g., mirrors, polished metal, highly-glazed tiles, or other similar
materials).
(5)
Neon signs hung inside a business window shall count towards the
maximum sign area allowed for window signs.
(6)
These signs may utilize lighting technologies other than neon gas.
(i)
On-building directory signs.
(1)
The area of an on-building directory sign shall not exceed eight
square feet, and shall be included within the total sign area allowed
on the site.
(2)
The height of an on-building directory sign shall not exceed eight
feet above ground level, or as may be approved by the Director.
(3)
Individual signs within or composing an on-building directory sign
shall be uniform in shape, design, and style of text and shall not
exceed one square foot in sign area.
(4)
The colors of on-building directory signs shall be the same for all individual signs and shall be compatible with the building color and style of the architectural features and Section 10-2.1603(i).
(5)
On-building directory signs shall be mounted flat on the surface
of the structure on which they are placed or displayed.
(j)
Outdoor merchandise displays. Outdoor merchandise displays shall be allowed in C-1, B-P and VMU Zoning Districts, subject to such regulations, as adopted from time to time by the Planning Commission, or as allowed pursuant to Article 24 (Conditional Use Permit) of these Zoning Regulations.
(k)
Painted wall signs.
(1)
The area of a painted wall sign shall be determined as the sum of
the sign area of text, plus an additional area equal to an average
of nine inches around the perimeter of the text space. The area of
a painted wall sign shall not exceed 40 square feet or 10% of the
main building or structure face, whichever is less, and shall be included
within the total sign area allowed on the site.
(2)
Colors of painted wall signs shall be subdued, and shall be compatible with the building or structure's color and Section 10-2.1603(i).
(3)
Text of painted wall signs shall be compatible with the structure's
style of architecture, and shall be of professional quality as determined
by the Director.
(l)
Parking lot signs.
(1)
The area of parking lot signs shall not exceed four square feet in
residential and village mixed use zoning districts and six square
feet in other zoning districts.
(2)
The maximum height of a parking lot sign shall be 54 inches, except
that taller signs may be approved by the Director.
(3)
The colors of parking lot signs shall be compatible with the building color and style of the architectural features and Section 10-2.1603(i).
(m)
Projecting signs.
(1)
The area of a projecting sign shall not exceed 10 square feet, and
shall be included within the total sign area allowed on the site.
(2)
The height of a projecting sign shall not be less than eight feet
above ground level, unless the architectural features of the building
or structure prohibit this height, in which case the maximum height
shall be determined by the Director.
(3)
A projecting sign shall not project out more than 42 inches from
the surface of the building or structure.
(4)
A projecting sign shall not extend to within 20 inches of the curb
line.
(5)
Text for projecting signs shall be raised or routed. Other text styles
may be considered and approved by the Planning Commission.
(n)
Special event signs.
(1)
The area of a special event sign shall not exceed 13 square feet.
(2)
The height of a special event sign, including support structures,
shall not exceed 54 inches above ground level. Special event signs
hanging under a canopy shall have a minimum of eight feet of clearance
as measured from the bottom of the sign to the grade below.
(3)
Special event signs shall be maintained in good repair and shall
not pose a public hazard.
(4)
A special event sign shall not be posted more than 48 hours before the event that the sign promotes and shall be removed no later than 24 hours after the event is over. Additional time may be approved by the Planning Commission pursuant to Section 10-2.1608 (Comprehensive Sign Program).
(5)
Special event signs shall be limited to two per event and, unless otherwise authorized by the Director or as provided in subsections (6) and (7) below, shall be located on the site at which the advertised event is occurring. If the event is held at multiple sites throughout the City, the special event signs shall be limited to one sign per participating site. Additional special event signs shall be allowed in multiple locations as approved by the Planning Commission pursuant to Section 10-2.1608 (Comprehensive Sign Program).
(6)
Special event signs shall not be posted in the public right-of-way
unless and until the applicant first secures, in addition to a sign
permit, an encroachment permit from the Public Works Department.
(7)
Prior to displaying any special event sign on private property, the
applicant shall obtain the written permission of the property owner.
(8)
Special event signs that are to be displayed across Ojai Avenue shall
be subject to the following conditions:
(B)
The applicant shall obtain written approval to post the sign or signs
from the California Department of Transportation to be submitted with
the encroachment permit application, unless such approval has been
obtained previously by the Public Works Department.
(C)
The applicant shall comply with the City's "Ojai Avenue Banner Standards"
of construction and installation.
(9)
Special event sign text shall be clear and simple with minimal graphics
so as not to unnecessarily distract drivers or create a traffic hazard.
(10)
Special event signs displayed in the Historic Landmark Arcade and
the Pergola at Ojai Avenue in front of Libbey Park are subject to
review and approval by the Historic Preservation Commission consistent
with the purpose and provisions of this article.
(11)
If a comprehensive sign program is approved for an annual special event, special event signs for the event may be posted in subsequent years pursuant to Article 19 (Zoning Clearances) of Title 10 if the Director determines that the subsequent sign plan is in substantial compliance with the original Planning Commission approved comprehensive sign program.
(o)
Under canopy signs.
(1)
The area of an under canopy sign shall be limited to 10 square feet,
and shall be included within the total sign area allowed on the site.
(2)
Under canopy signs shall have a minimum of eight feet of clearance
as measured from the bottom of the sign to the grade below. The Director
may approve seven and one-half (7.5) feet upon showing of good cause.
(3)
Text for under canopy signs shall be raised or routed. Other text
styles may be considered and approved by the Planning Commission.
(p)
Wall mounted signs.
(1)
Wall mounted signs shall not project from the surface upon which
they are attached more than required for construction purposes and
in no case more than four inches.
(2)
Wall mounted signs shall not obstruct any portion of a window or
exceed the outside wall height (including parapet) of any structure.
(3)
Wall mounted signs shall be compatible with the architectural features
of the structure.
(4)
Text for wall mounted signs shall be individual letters or raised
or routed on a background to create a dimensional appearance. Other
text styles may be considered and approved by the Planning Commission.
(q)
Window signs.
(1)
The area of a window sign shall not exceed 40 square feet or 10%
of the main face of the structure, whichever is less, and shall be
included within the total sign area allowed on the site. However,
if the building on the site in which the business is located is set
back at least 50 feet from the property line, the area of such window
signs shall not exceed 50 square feet or 13% of the main building
face, whichever is less, and shall be included within the total sign
area allowed on the site.
(2)
Window signs shall not occupy more than 20% of the window area of
any one window.
(3)
Window signs shall be compatible with the building's architectural
features.
(4)
Colors shall be compatible with the building's colors and Section 10-2.1603(i).
(5)
For small window signs that are exempt from a sign permit, see Section 10-2.1606(w).
(r)
Portable signs. Two or fewer non-illuminated, off-site
portable signs are allowed per each entity on a property, if placed
outside of the pedestrian path of travel on private property or adjacent
public right-of-way. These signs must not exceed 40 inches in height
and are limited to seven and one-half (7.5) square feet in area.
(§ 2, Ord. 876, eff. November 12, 2017)
(a)
The purpose of a comprehensive sign program is to integrate a project's
or special event's signs with the design of the buildings or structures
upon which they are to be affixed, and thereby achieve a unified architectural
statement and overall harmony with Ojai's small town character. A
comprehensive sign program provides a means for flexible application
of sign regulations for multi-tenant projects and other users of multiple
signs; encourages creativity and provides incentive and latitude in
the provision of multiple signs; and avoids circumvention of the intent
of this article.
(b)
The Planning Commission may approve a comprehensive sign program
which may modify the development standards for signs for an eligible
project or event. Standards for signs provided in this article shall
serve as a reference for evaluating comprehensive sign program applications.
Prohibited signs shall not be allowed by a comprehensive sign program.
A comprehensive sign program shall be required whenever any of the
following circumstances exist:
(1)
Multi-tenant developments of three or more separate tenants that
share either the same parcel or structure and use common access and
parking facilities, including all multiple tenant signs;
(2)
Whenever five or more signs are proposed for a new or existing development;
(3)
Whenever three or more signs are requested by a single tenant in
an existing multi-tenant project that currently is not covered by
a comprehensive sign program;
(4)
Whenever the organizer of a special event intends to utilize more signs than permitted by Section 10-2.1607(n).
(c)
A request for approval of a comprehensive sign program shall clearly
detail the location, number, size, and type of each proposed sign.
Elevations of each sign shall be provided clearly indicating the proposed
colors, letter size, materials, method of illumination, method of
attachment to a structure, text, and use of logos. All signs included
in the proposed comprehensive sign program shall have a uniform background.
(d)
Lessees within developments subject to the requirements of an approved
comprehensive sign program shall be made aware of the program in their
lease and their responsibility to comply with the approved comprehensive
sign program.
(e)
The Director may approve revisions to a comprehensive sign program
determined to be minor in nature in that the intent of the original
approval and any conditions would not be affected. Revisions that
would substantially deviate from the original approval shall require
Planning Commission approval.
(f)
Installation of signs or modification of signs that are consistent
with an approved comprehensive sign program and that are consistent
with that program shall not require a further sign permit.
(§ 2, Ord. 876, eff. November 12, 2017)
(a)
Abandoned signs shall be removed by the permit holder or the owner
of the structure or premises within 30 days after the date of the
event which caused the sign to be considered an abandoned sign. No
onsite non-commercial sign shall be considered abandoned.
(b)
A condition of approval for all sign permits shall be that the permit holder or owner of the structure or premises, at their own expense, shall remove all abandoned signs. An abandoned sign may be removed by the City after the 30 day period identified in subsection (a) above, and the permit holder or owner shall be charged for the cost of removal, and the permit holder or owner may incur a fine for noncompliance with this section.
(c)
New signs for a structure or property on which an abandoned sign
is located shall not be approved until the abandoned sign is removed.
Approval may be given on the condition that the abandoned sign(s)
will be removed before a new sign is erected.
(§ 2, Ord. 876, eff. November 12, 2017)
Any sign which was lawfully erected and maintained before the
effective date of this article, but which does not conform with the
provisions of this article, or any amendment hereto, shall be a nonconforming
sign.
(a)
"Lawfully erected" shall mean signs erected before any sign regulations
were applicable to the property, signs erected in conformance with
the then applicable sign regulations, but not including the requirement
for a land use permit or a zoning clearance, and signs erected in
compliance with an approved design review permit, conditional use
permit or variance.
(b)
"Lawfully maintained" shall mean signs maintained in conformity with
the applicable sign regulations existing on the effective date of
any applicable amendment to this article, including signs maintained
in compliance with an approved design review, conditional use permit
or variance, and signs maintained as nonconforming signs.
(c)
Nonconformance may include height, location, number, sign use, size,
type of sign, and failure to conform to an approved comprehensive
sign program.
(d)
All nonconforming signs may be continued and maintained for a 10
year period from the effective date of any amendment to this article
rendering signs nonconforming. At the end of the 10 year period, the
nonconforming signs shall lose their status as nonconforming signs
and become illegal signs in violation of the provisions of this article
and shall be removed or brought into conformance with this article
by obtaining a permit in compliance with this article.
(e)
During the 10 year amortization period for any sign on any parcel identified in subsection (d) above, signs may be affixed, altered, changed, erected, installed, or relocated on the parcel provided:
(1)
The signs would be in conformance with this article;
(2)
That together the nonconforming and conforming signs on the parcel
would not exceed either the total number of signs or the total sign
area for all of the signs allowed by this article; and
(3)
A permit shall be obtained in compliance with this article.
(§ 2, Ord. 876, eff. November 12, 2017)
(a)
Unless specifically allowed in this article or by Federal or State
law, it is unlawful to do any of the following within the City:
(1)
Display, erect, place, post, paint or secure any sign, pennant, flag,
banner, balloon, card, poster, text, or similar attention-seeking
device on:
(2)
Display any sign that requires a sign permit without an approved
sign permit; or
(3)
Display any sign on any premises contrary to the provisions of this
article.
(b)
Violations of this article shall be treated as strict liability offenses
regardless of intent.
(c)
Any sign affixed, altered, applied, constructed, converted, enlarged, erected, installed, maintained, relocated, or set up contrary to the provisions of this article shall be unlawful and a public nuisance, which nuisance may be abated in compliance with the provisions of Chapter 6 of Title 5 of this Code and Article 35 of this chapter, and the cost of abatement may be made a special assessment against the land upon which the sign is located. The City may remedy any violation of this article pursuant to the procedures set forth in Chapter 6 of Title 1 of this Code.
(d)
The Director is authorized and directed to investigate all purported
violations of any of the provisions of this article. If a violation
is determined to exist or to be impending, the Director is authorized
and directed to take the measures as deemed necessary and expedient
to enforce and secure compliance with the provisions of this article,
including the signing of complaints and other legal documents. Where
any sign installation is undertaken contrary to the provisions of
this article, the Director may order the work stopped by notice in
writing served on any person engaged in the doing or causing of the
work to be done and the person shall stop the work until authorized
by the Director to proceed.
(e)
The Director, as charged with the enforcement of this article, acting
in good faith and without malice toward the City, shall not be rendered
personally liable, and is hereby relieved from all personal liability
for any damage that may accrue to persons or property as a result
of any act required or by reason of any act or omission in the discharge
of the duties directly related to enforcement.
(f)
Any suit brought against the Director, because of the act or omission,
shall be defended by the City Attorney until the final termination
of the proceeding.
(g)
The Director may request, and shall receive as far as may be necessary
in the discharge of the duties directly related to enforcement, the
assistance and cooperation of other City officials.
(h)
With the consent of the owner or occupier of any structure or premises,
or under an inspection warrant issued in compliance with State law
(Sections 1822.50 through 1822.57 of the Code of Civil Procedure),
and upon prior notice to the owner of any sign which is not in compliance
with this article, the Director may enter at a reasonable time any
structure or premises in the City to perform any duty imposed by this
article.
(i)
If the Director is unable to otherwise enforce the provisions of
this article, the matter may be referred to the City Attorney for
appropriate legal action, civil or criminal, or both.
(j)
Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating any provision of this article shall be guilty of a misdemeanor or an infraction at the discretion of City authorities as provided in Section 1-2.03 of the Municipal Code and, upon conviction thereof, shall be subject to the penalties provided in Chapter 2 of Title 1 of the Municipal Code. The person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this article is allowed, committed, or continued by the person, firm, or corporation, and shall be punishable as provided in this subsection.
(§ 2, Ord. 876, eff. November 12, 2017)
