HomeMy WebLinkAboutAgenda: Study Session B: Regulations and Enforcement Procedures for Temporary Banners & Window SignsDATE: September 21, 2010
TO: Mayor and City Council
BACKGROUND
• Exhibit A — Temporary Banner Regulations
• Exhibit B — Window Sign Regulations
• Exhibit C — Banner & Window Sign Enforcement Procedures
DISCUSSION
STAFF REPORT
Development Services Department
FROM: Jason Kruckeberg, Assistant City Manager /Development Services DirectorJZ
By: Jim Kasama, Community Development Administrato
Prepared by: Thomas Li, Associate Planner
SUBJECT: REGULATIONS AND ENFORCEMENT PROCEDURES FOR
TEMPORARY BANNERS AND WINDOW SIGNS.
Recommendation: Provide Direction
This study session report is for a review of the regulations and enforcement procedures
for temporary banners and window signs. It has become apparent during these difficult
economic times that businesses are more often utilizing temporary signage in hope of
increasing their business activity. Whether or not these signs are successful in
increasing business, they have increased the number and frequency of complaints. In
response to this heightened level of complaints, the City Council called for a study
session at the July 20, 2010 meeting. The following exhibits provide the regulations and
enforcement procedures:
Temporary banners and window signs are allowed in addition to permanent signs, but
unlike permanent signs, banners and window signs are not subject to design review.
And, while window signs are required to comply with the maximum 1/3 non -Roman
alphabet limit, banners are not. Additional distinctions are that banners are subject to
specified time limits, but window signs that do not exceed 25% of the window area do
not have a time limit, and window signs are not subject to any type of permit.
Because of the temporary and /or changeable nature of these signs, business owners
are often unaware of the regulations, which is most often the reason for the violations.
With regard to enforcement, there are two (2) Code sections that address non - compliant
signs. One is Section 9262.4.2, which is part of the sign regulations. This Section
allows 30 days to bring a sign violation into compliance. This provision is generally
applied to the correction of improperly installed permanent signs, but the Code Section
does not specify such applicability. The other Code Section that is typically relied upon
for non - compliant temporary banners and window signs is Section 9402 in the City's
Property Maintenance regulations, and which references a separate Code Section
9405. Together, these Code Sections provide that, "Any condition which is maintained
in violation of or in noncompliance with any regulation of the Arcadia Municipal Code" is
"a public nuisance and shall be abated by repair, rehabilitation, demolition or removal."
The Property Maintenance regulations provide a ten (10) day period within which
abatement of the violation must commence.
Given these two sets of compliance requirements, the Code Services Officers rely upon
a verbal request for immediate compliance (Le., within 3 days) which is then followed by
a written Notice of Violation with a 10 calendar day compliance deadline based on the
date that the violation was first observed or verified.
RECOMMENDATION
Provide direction.
Approved: �,--�
Donald Penman, City Manager
Attachments:
Exhibit A — Temporary Banner Regulations
Exhibit B — Window Sign Regulations
Exhibit C — Banner & Window Sign Enforcement Procedures
Temporary Banners and Window Signs
September 21, 2010
Page 2
EXHIBIT A — TEMPORARY BANNER REGULATIONS
No banners shall be permitted other than temporary banners. The following regulations shall
apply to temporary banners:
A. Definition: A temporary banner is a sign mounted flush against the building surface
containing a message in text, picture, logo or other form of representation, which is
constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials
which will withstand exposure to wind and rain without significant deterioration, and which
does not require a building permit for its construction, or installation outside of a building.
B. Application Process: An application for a temporary banner permit shall be submitted in
writing to the Community Development Division, and requires approval by the
Development Services Director or designee, prior to the display of any banner. The
application shall include a description of the banner and its materials, its general content,
location on the property, size, the time period that the banner will be displayed, the
address of the property, the name of the business, and the name of the person requesting
the approval of the permit. A fee in an amount established by resolution of the City Council
from time to time shall be submitted at the same time the application is filed with the City.
C. Number and Size: A maximum of two (2) temporary banners, at any one (1) time, may be
permitted for each business. The maximum total surface area of all such temporary
banner(s), in the aggregate, for each business, shall not exceed thirty -two (32) square
feet.
D. Location: Temporary banners shall be mounted flush against the surface of the building in
which the business displaying the banner(s) is located. Free - standing or roof - mounted
banners are prohibited.
E. Time Limits: The use of temporary banner(s) for any business shall not exceed sixty (60)
cumulative days in any one (1) calendar year, with any single display period not to exceed
thirty (30) continuous days in any one (1) year. There shall be a minimum interval of two
(2) weeks between approved periods during which a banner(s) is displayed. Each
business shall be allowed a maximum of six (6) display periods in any one (1) calendar
year.
Exceptions:
1. Temporary banners for events or activities sponsored by non - profit organizations may be
authorized for an additional thirty (30) cumulative days in any one (1) calendar year.
2. Future tenants and existing tenants whose permanent lawful signage is removed for
remodeling or maintenance work may display a banner(s) advertising the name of the
business for up to sixty (60) continuous calendar days. Such banners shall be removed
prior to installation of a permanent sign and shall be exempt from the time limits as
described in Paragraph E above.
Notwithstanding any other section of the Arcadia Municipal Code, the owner or person who
installs or displays a banner in violation of this Title shall remove the banner upon order of the
Development Services Director or designee. For the purpose of this Section, any portion of any
day in which a banner is or remains installed or displayed shall be counted as one (1) full day."
(Added by Ord. 1729 adopted 9 -1 -81; amended by Ord. 1858 adopted 6 -2 -87; amended by Ord.
2085 adopted 5 -5 -98; amended by Ord. 2258 adopted 6- 16 -09)
Exhibit A
EXHIBIT B — WINDOW SIGNS REGULATIONS
A. Definition: Window signs shall include signs which are painted on either the outside
or inside surface of the glazed area (including glazed doors), and other signs which
are posted or affixed to the inside surface of the glazed area, or are located in such
a manner as to be visible through the glazed area and which are located within
twenty -four inches (24 ") of said glazed area.
Other than painted window signs, no sign shall be permitted to be located on the
outside surface of the glazed area.
EXCEPTION: Temporary banners may be located on the exterior of a building in
accordance with the requirements of Section 9262.4.13.
EXCEPTION: Signs painted on, sewn on or bonded to awnings and /or valances may
be located on the exterior of a building in accordance with the requirements of Section
9262.4.7.
B. Size Area: The total area of window signs in any one (1) wall shall not exceed
twenty -five percent (25 %) of the window area of that wall provided that the total
area of directly lighted window signs shall not exceed ten percent (10 %) of said
window area.
EXCEPTION: Temporary window signs which are in excess of the above limits shall
be permitted to advertise special events, provided a business shall not use such
temporary window signs for more than sixty (60) cumulative days in any one (1) calendar
year. A sign permit shall be obtained from Building Services prior to the painting, posting
or affixing.
Before issuing a sign permit for a temporary window sign which is in excess of the limits
outlined in subsection "B" above, the City shall charge and collect a fee in accordance
with the applicable fee schedule adopted by resolution of the City Council.
(Amended by Ord. 1508 adopted 7 -2 -74; amended by Ord. 1858 adopted 6 -2 -87;
amended by Ord. 2085 adopted 5 -5 -98)
Exhibit B
EXHIBIT C — BANNER & WINDOW SIGN ENFORCEMENT PROCEDURES
When the Code Services Officers receive a complaint or observe a violation of the temporary
banner or window sign regulations, they proceed as follows:
1. Verbally inform the manager (business owner if available) of the violation in person
or by phone, and request compliance within 3 business days. If a person with the
authority to address the violation cannot be reached, they proceed to step 2.
2. A written Notice of Violation is mailed to the business owner at both the business
address and any other address provided on business license documents with a
compliance deadline of 7 to 10 calendar days.
3. After the expiration of the given deadline, a citation is issued.
There are two Municipal Code Sections that address non - compliant signs; the first is part of the
sign regulations, and the second is in the Property Maintenance portion of the Code:
9262.4.2. NUISANCE.
A sign which is not in compliance with these regulations is a nuisance. The owner
or person in possession of the sign shall be notified of the details of the noncompliance
by the Building Official. The sign shall be made to comply with these regulations within
thirty (30) days from such notice or the sign shall be removed by the owner and person
in possession of the sign.
9402. - DEFINITION. PUBLIC NUISANCE.
Any condition of real property which is substandard /unlawful as described in
Section 9405 of this Code or is defined by the conditions set forth in Section 9402.3 is
hereby declared to be a public nuisance and shall be abated by repair, rehabilitation,
demolition or removal. Further, a public nuisance exists on any real property in this City:
(a) The topography or configuration of which, whether the natural state or as a
result of grading operations, causes or will cause erosion, subsidence, surface
water runoff problems, or other conditions which will, or may, be injurious to the
public health, safety and welfare or to adjacent properties; or
(b) Which has thereon any building or structure which has been constructed or is
maintained in violation of any specific requirement or provision applicable to
such building or structure, contained in the building or zoning regulations of this
City, or any other law or ordinance of the City or state relating to the condition,
location or use of any building or structure.
One of the items listed as substandard under Section 9405 is, "Any condition which
is maintained in violation of or in noncompliance with any regulation of the Arcadia
Municipal Code." And, Section 9402.3 includes, "Any other condition referred to in
Arcadia Municipal Code Section 9405." The Property Maintenance regulations
provide a 10 day period within which abatement is to commence.
Exhibit C