ORDINANCE NO. CCO-18-03

AN ORDINANCE OF THE CITY OF MT. SHASTA AMENDING THE MT. SHASTA MUNICIPAL CODE TITLE 8 “SIGNS”

WHEREAS, the City of Mt. Shasta Municipal Code contains regulations and policies for the development and growth of the City of Mt. Shasta; and

WHEREAS, the City of Mt. Shasta Municipal Code contains regulations for the advertisement and communication of commercial messages in the City of Mt. Shasta; and

WHEREAS, Chapter 8 “Signs” of the Mt. Shasta Municipal Code outlines the regulations, permitting, and policies pertaining to commercial and noncommercial signage; and

WHEREAS, the Planning Commission at the January 16, 2018 Regular Planning Commission approved amendments to Title 8 “Signs” in order to address changes in federal sign regulation and business best practices for City Council consideration; and

WHEREAS, the proposed amendments aim to conform with the change in federal sign regulations brought about through the June 18, 2015 U.S. Supreme Court Case, Reed v. Town of Gilbert; and

WHEREAS, the proposed amendments maintain consistency with American Planning Association and United States Sign Council best practices surrounding sign regulation.

NOW THEREFORE BE IT RESOLVED, the City Council does hereby ordain that Title 8 of the Mt. Shasta Municipal Code is amended to read as follows:

Title 8

GRAPHICS

Chapters:

8.04 Purpose

8.08 Definitions

8.16 Permits and Variances

8.18 Issuance of Permits

8.20 Prohibited, Exempt and Nonconforming Graphics

8.24 Establishment and Designation of Graphic Zones

8.28 Requirements for Graphic Zone 1

8.32 Requirements for Graphic Zone 2

8.40 General Requirements – All Graphic Zones

8.52 Graphic Illumination

8.68 Maintenance of Graphics

8.80 Violations/Penalties

8.84 Appeals

8.86 Severability

Chapter 8.04 PURPOSE

Sections:

8.04.010 Purpose.

8.04.010 Purpose.

It is adopted and recognized that preservation and enhancement of the community setting requires graphic regulation to:

(A) Safeguard and enhance the community design;

(B) Protect and enhance the character and natural beauty of the community and promote economic vitality in Mt. Shasta;

(C) Preserve and enhance the night sky for the enjoyment of a pristine nighttime environment, free from light pollution;

(D) Assure the maintenance of graphics;

(E) Ensure graphics which are compatible with the surroundings, and which effectively communicate their message, and encourage graphics which contribute to the visual enhancement of the streetscape;

(F) Safeguard the public health, safety, and general welfare, including elimination of unnecessary distractions which may jeopardize pedestrian or vehicular traffic safety, and provide a reasonable and comprehensive system of graphic controls;

(G) Provide fair and reasonably consistent treatment of all graphic users;

(H) Establish reasonable standards for business identification. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

Chapter 8.08 DEFINITIONS

Sections:

8.08.010 Definitions

8.08.020 Alteration

8.08.030 Architectural Detail

8.08.040 Area

8.08.050 Awning

8.08.060 Billboard

8.08.070 Banner

8.08.080 Building face

8.08.090 Building Official

8.08.100 Building overhang

8.08.110 Bulletin board

8.08.120 Business

8.08.130 Canopy

8.08.140 Facade

8.08.150 Facade, blank

8.08.160 Flashing graphic

8.08.170 Fluorescent

8.08.180 Freestanding graphic

8.08.190 Frontage

8.08.200 Full cut-off fixture

8.08.210 Fuel station canopy

8.08.220 Graphic

8.08.230 Halo lit

8.08.240 Hanging graphic

8.08.250 Height

8.08.260 Illegal graphic

8.08.270 Illumination – Internal

8.08.280 Illumination – External

8.08.290 Incandescent

8.08.300 Iridescent

8.08.310 Lawfully erected graphic

8.08.320 Marquee graphic

8.08.330 Menu box

8.08.340 Monument graphic

8.08.350 Multiple tenant

8.08.360 Neon graphic

8.08.370 Nonconforming Street Graphic

8.08.380 Off-premises graphic.

8.08.390 Opaque.

8.08.400 Plaque graphic.

8.08.410 Pole graphic.

8.08.420 Portable Graphic

8.08.430 Premise

8.08.440 Projecting Graphic

8.08.450 Public View

8.08.460 Resurfacing

8.08.470 Roof Graphic

8.08.480 Street Graphic

8.08.490 Signable Area for Wall and Roof Graphics

8.08.500 Temporary Street Graphic

8.08.510 Traffic safety.

8.08.520 Translucent.

8.08.530 Trim.

8.08.540 Wall graphic.

8.08.550 Window graphic.

 8.08.010 Definitions

For the purposes of this chapter, certain terms are hereby defined. Definitions of the terms used in this chapter are set forth as follows. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.020 Alteration

“Alteration” means any change in the size, shape, method of illumination, location, construction, or supporting structure of graphic. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.030 Architectural Detail

“Architectural Detail” is any projection, relief, cornice, column, change of building material, window, or door opening on any building. See also “Signable Area, Wall, and Roof Graphics”.

 8.08.040 Area

“Area” means area or advertising space included inside a graphic. In the case of a multiple-faced graphic, the area of each space shall be included in determining the graphic area, excepting double-faced graphics placed no more than 24 inches back-to-back. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.050 Awning

“Awning” means a cloth, plastic, or other nonstructural covering that is permanently attached to a building or can be raised or retracted to a position against the building when not in use. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.060 Billboard

“Billboard” means an advertising graphic not on the premises, with or without changing copy. (Ord.CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.070 Banner

“Banner” is a street graphic composed of a logo or design on a lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow movement caused by the atmosphere.

 8.08.080 Building face

“Building face” means all window and wall area of a building in one plane or elevation. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.090 Building Official

“Building Official” is defined as the City designated contractor or City employee in charge of building inspection. (Ord. CCO-11-05 § 19, 2011; Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.100 Building overhang

“Building overhang” means the edge of a roof, protruding outwards, beyond the side of the building generally to provide weather protection.

 8.08.110 Bulletin board

“Bulletin board” means a graphic of permanent nature which accommodates changeable copy. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.120 Business

“Business” means a commercial or industrial enterprise, including nonprofit businesses. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.130 Canopy

See “Awning”. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.140 Facade

“Facade” means the side of a building below the eaves

 8.08.150 Facade, blank

“Facade, blank” means the side of a building below the eaves that is blank and does not have windows or architectural detail

 8.08.160 Flashing graphic

“Flashing graphic” means a graphic incorporating intermittent sources of illumination or revolving in a manner which creates the illusion of flashing or which changes color or intensity. This does not include electronic time, date, and temperature graphics. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.170 Fluorescent

“Fluorescent” means a glass tube coated on the inside with a fluorescent substance that gives off light when acted upon by a stream of electrons. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.180 Freestanding graphic

“Freestanding graphic” means a graphic erected not attached to a building. Including monument and pole graphics. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.190 Frontage

  (A) “Frontage” means the single wall surface of a building in public view. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

  (B) “Front footage of building occupancy” is a single linear dimension measured horizontally along the front of a building which defines the limits of a particular occupancy at that location. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.200 Full cut-off fixture

“Full cut-off fixture” means an outdoor light fixture shielded or constructed so that the installed fixture emits no light rays at angles above the horizontal plane, nor beyond property boundary. Shielding by surrounding structures not a part of the light fixture (such as canopy or soffit edges) does not qualify as shielding for determination of a fully shielded characteristic; fully shielded light fixtures must be shielded in and of themselves, with no protruding lenses of any kind. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.210 Fuel station canopy

“Fuel station canopy” means a roof-like structure that functions as a shelter for fuel pumps and/or charging stations at fuel stations. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.220 Graphic

“Graphic” is a street graphic or special street graphic, as defined by this ordinance

 8.08.230 Halo lit

“Halo lit” means a source of illumination located inside a three-dimensional letter with a metal face and sides and an open back so the internal light source illuminates the wall and silhouettes the letters at night. For the purposes of this chapter, “halo lit” is the same as “reversed channel lit” illumination. (Ord. CCO-03-04, 2003; Ord.

CCO-95-05, 1995)

 8.08.240 Hanging graphic

“Hanging graphic” means a horizontal graphic suspended from an awning or canopy. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.250 Height

“Height” means the vertical distance measured from grade at the edge of the adjacent right-of-way to the highest point of the street graphic. The height of any monument graphic base or other structure erected to support or adorn the graphic is measured as part of the graphic height.

 8.08.260 Illegal graphic

“Illegal graphic” means a graphic erected or maintained in violation of the Mt. Shasta graphic ordinance. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.270 Illumination – Internal

“Illumination – internal” means a source of illumination on the surface of a graphic or from within a graphic, and includes, without limitation, fiber optic and exposed gas-filled tubing (neon) lighting. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.280 Illumination – External

“Illumination – external” means a source of illumination directed toward a graphic so that the beam of light falls upon the exterior surface of the graphic. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.290 Incandescent

“Incandescent” means glowing with intense heat; red-hot or white-hot. Very bright; shining brilliantly; gleaming. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.300 Iridescent

“Iridescent” means having or showing shifting changes in color or an interplay of rainbow-like colors, as when seen from different angles. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.310 Lawfully erected graphic

“Lawfully erected graphic,” means a graphic that was erected in compliance with the City of Mt. Shasta graphic ordinance at the time of its erection. The term does not apply to any graphic whose use has modified after erection in a manner which causes it to become illegal. (Ord. CCO-11-05 § 20, 2011; Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.320 Marquee graphic

“Marquee graphic” means a projecting graphic attached to or supported by a permanent canopy. Marquee graphics can include changeable copy. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.330 Menu box

“Menu box” means a graphic utilized by a food establishment such as a restaurant or bakery, which identifies the line of products for sale at that site. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.340 Monument graphic

“Monument graphic” means a freestanding graphic where the foundation and supporting structure are visually an integral part of the graphic creating a continuous form from the ground to the top of the graphic. (Ord. CCO-11-05 § 21, 2011; Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.350 Multiple tenant

“Multiple tenant” means more than one business operating at one site, parcel or building. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.360 Neon graphic

“Neon graphic” means a type of internally illuminated graphic where light is projected from exposed tubing housing color-forming gases or from fiber optic tubing. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.370 Nonconforming Street Graphic

“Nonconforming street graphics” means a street graphic that was lawfully established or installed prior to the adoption or amendment of this ordinance and was in compliance with all of the provisions of this ordinance then in effect, but which does not presently comply with this ordinance.

 8.08.380 Off-premises graphic.

“Off-premises graphic” means a graphic which identifies a use or business that is not occurring on the site; a graphic that identifies a business that is not occurring at the site; or identifies a property that is located else- where than the site of the graphic. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.390 Opaque.

“Opaque” means not letting light pass through; not transparent or translucent. Not reflecting light; not shining or lustrous; dull or dark. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.400 Plaque graphic.

“Plaque graphic” means a small wall or roof graphic indicating the name, address, profession, or historical information no larger than two square feet. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.410 Pole graphic.

“Pole graphic” means a freestanding graphic supported wholly by one or more pole. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.420 Portable Graphic

“Portable graphic” means a street graphic not permanently attached to the ground or a building or designed to be permanently attached to the ground or a building.

 8.08.430 Premise

“Premise” means the lot or lots, plots, portions, or parcels of land considered as a unit for a single use or development, whether owned or leased.

 8.08.440 Projecting Graphic

“Projecting Graphic” means a street graphic attached to and projecting from the wall of a building and not in the same plane as the wall.

 8.08.450 Public View

“Public View” means within normal visual range by a person on a public street or sidewalk adjacent to real property.

 8.08.460 Resurfacing

“Resurfacing” means a graphic’s surface is altered without changing the size, location, or construction.

 8.08.470 Roof Graphic

“Roof graphic” means a street graphic painted, erected, constructed, or maintained above the eaves and under the peak of a building.

 8.08.480 Street Graphic

“Street Graphic” means any structure that has a visual display visible from a public right-of-way and designed to identify, announce, direct, or inform.

 8.08.490 Signable Area for Wall and Roof Graphics

“Signable Area for Wall and Roof Graphics” means an area free of architectural details on the facade of a building or part of a building, which shall include the entire area (1) enclosed by a box or outline or (2) within a single continuous perimeter composed of a single rectangle, circle, triangle, or parallelogram enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures.

 8.08.500 Temporary Street Graphic

“Temporary street graphic” means a street graphic intended to be displayed for a transitory or temporary period. Portable street graphics, or any street graphic not permanently embedded in the ground or not permanently affixed to a building or graphic structure that is permanently embedded in the ground, are considered temporary street graphics.

 8.08.510 Traffic safety.

“Traffic safety” means not conflicting with traffic; movement, signal, and graphics; line of sight; parking; pedestrians; or any form of traffic control or safety program. (Ord. CCO-03-04, 2003; Ord. CCOYA- 95-05, 1995)

 8.08.520 Translucent.

“Translucent” means to shine through. Letting light pass but diffusing it so that objects on the other side cannot be clearly distinguished; partially transparent. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.530 Trim.

“Trim” means advertising copy, logo and/or border of graphic. (Ord. CCO-03-04, 2003; Ord. CCO-95- 05, 1995)

 8.08.540 Wall graphic.

“Wall graphic” means a street graphic painted on or attached to a wall of a structure and in the same plane as the wall. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.08.550 Window graphic.

“Window graphic” means a graphic attached to, placed upon, or painted on the interior & exterior of a window or door of a building which is intended for viewing from the exterior of such building. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

Chapter 8.16

PERMITS AND VARIANCES

Sections

8.16.010 Graphic permit required

8.16.020 Approval or Denial

8.16.030 Appeals

8.16.040 Application Fee Schedule

8.16.050 Exemptions

8.16.060 Variance

 8.16.010 Graphic Permit Required.

A. No person shall erect or display a street graphic unless the Planning Department has issued a permit for the street graphic, or unless this section exempts the street graphic from the permit requirement.

B. The Planning Commission may review a sign permit at any time to ensure compliance.

C. Application. A person proposing to erect or display a street graphic shall file an application for a permit with the Planning Department. One (1) application is required per street graphic permit being requested. The application shall contain:

  1. The name, address, and contact information of sign contractor and the owner and occupant of the premise where the street graphic is to be erected or displayed; the date on which it is to be erected or displayed; the zoning district in which it is located; and any variance that has been approved.

  2. Drawings and site plan drawn to scale that shows (1) all existing street graphics displayed on the premise; (2) The location, height and size of any proposed street graphics; and (3) the percentage of the signable area covered by the proposed street graphics.

  3. Specifications for the construction or display of the street graphic and for its illumination and mechanical movement, if any is to be provided.

  4. Written information that includes detail showing type of lamp and total lumens.

  5. For Fuel Stations Canopies. Written material showing lamp type and initial lamp total lumens.

 8.16.020 Approval or Denial.

The Planning Department shall approve a permit for the street graphic if it complies with the building, electrical, and other adopted codes of the City of Mt. Shasta and with:

  a. The regulations for street graphics contained in this ordinance and any variance that has been granted for these regulations, and

  b. Any special regulations that have been adopted for a historic district

If the Planning Department does not approve a permit for the street graphic they shall state the reasons for the denial in writing, and shall mail and/or email a copy of the reasons for denial to the address and/or email address of the applicant stated on the application.

 8.16.030 Appeals

Any applicant who is denied a permit for the display of a street graphic may appeal as per Mt. Shasta Municipal Code Chapter 18.32 “Appeals”.

 8.16.040 Application Fee Schedule

The application fee schedule for the following graphic permit applications shall be set by the City Council through Resolution. The graphic permit types to be included in the fee schedule are:

1. Temporary Graphic

2. Graphic Resurfacing

3. Permanent Graphic

 8.16.050 Exemptions

The following street graphics are exempt from the permit requirement:

  a. A street graphic exempted from the provisions of this ordinance

  b. A temporary window graphic, erected no longer than 30 days

  c. A street graphic that is a permanent architectural detail of the building

 8.16.060 Variance.

The Planning Commission may grant variances from the regulations contained in this ordinance:

1. To permit the area or height of a street graphic to be increased by up to 25 percent more than the maximum height allowed

Approval standard. The Planning Commission may grant a variance authorized by this section if it finds the variance requested is required by special or unique hardship because of:

  a. Exceptional narrowness, shallowness, or shape of the premise on which a street graphic is located; or

  b. Exceptional topographic conditions or physical features uniquely affecting the premise on which a street graphic is located.

A showing that the display of a street graphic would be more profitable, or that the street graphic would be more valuable, is not a special or unique hardship as required by this section.

Chapter 8.20

PROHIBITED, EXEMPT AND NONCONFORMING GRAPHICS

Sections

8.20.010 Prohibited graphics.

8.20.020 Exempt graphics.

8.20.030 Nonconforming graphics.

 8.20.10 Prohibited graphics.

The following graphics are prohibited:

(A) Flashing or blinking graphics. Graphics which have flashing, blinking, or moving letters, characters, or other elements are prohibited.

(B) Graphics that move or rotate, in part or whole, are prohibited.

(C) Graphics which obstruct vehicle movement or motorists’ line of sight.

(D) Permanent banners, streamers, cloth or paper graphics, or balloons.

(E) Billboards

(F) Off-premises graphics

(G) Graphics on permanently parked vehicles

(H) Projecting graphics

 8.20.20 Exempt graphics.

The following graphics are exempt from the provisions of this title:

(A) A street graphic that is posted by a governmental unit, including a public school district

(B) A street graphic that is integrated into or on a coin-operated machine, vending machine, gasoline pump, electric charging station, or telephone booth

(C) Warning graphics to indicate danger or to serve as an aid to public safety or to show the location of underground public utilities. This includes directional graphics placed in parking lots for the purpose of directing traffic within the lot.

(D) Plaque graphics or name plates indicating the name, address, profession of the occupant or historical information not exceeding two square feet.

(E) A street graphic carried by a person

(F) Real estate graphics, as authorized by Civil Code section 713, et seq, not to exceed six square feet in area and six feet in height

(G) Graphics used to identify house numbers not exceeding three square feet in area

(H) Graphics used to identify business numbers not exceeding ten square feet in area

 8.20.30 Nonconforming graphics.

A. Change or modifications. A nonconforming street graphic or street graphics structure shall be brought into conformity with this ordinance if it is altered, reconstructed, replaced, expanded, or relocated. A mere change in copy or surface is not an alteration or replacement for purpose of this subsection. Nonconforming graphics are required to receive a Graphic Resurfacing Permit from the Planning Department prior to resurfacing.

B. Maintenance. Nonconforming street graphics must be maintained in good condition. Maintenance required by this subsection shall include replacing or repairing of worn or damaged parts of a street graphic or street graphics structure in order to return it to its original state, and it is not a change or modification for purpose of Subsection A.

C. Removal. Removal of a nonconforming street graphic or replacement of a nonconforming street graphics with a conforming street graphic is required when:

  1. A nonconforming street graphic, or substantial part of a nonconforming street graphic, is blown down, destroyed, or for any reason or by any means taken down. As used in this subsection, “substantial” mean 50 percent or more of the entire street graphic structure; or

  2. The condition of the nonconforming street graphic or nonconforming street graphic structure has deteriorated without maintenance as required by this section; or the nonconforming street graphic structure or building it is mounted on is destroyed or damaged; and the cost of restoration of the street graphic to its condition immediately prior to such deterioration or event exceeds 50 percent of the cost of reconstruction of the street graphic structure; or

  3. The use of the nonconforming street graphic, or the property on which it is located, has ceased, become vacant, or been unoccupied for a period of 180 consecutive days or more. An intent to abandon is not required as the basis for removal under this subsection.

D. Multiple graphics. If a premise has more street graphics than this ordinance allows, any street graphic in excess of that number is nonconforming.

E. Street graphic permit. Any permit issued for a street graphic under this ordinance shall require that all nonconforming street graphic or structure displayed on the premise for which the permit is issued shall conform to the current provisions of this ordinance.

Chapter 8.24

ESTABLISHMENT AND DESIGNATION OF GRAPHIC ZONES

Sections

8.24.010 Graphic zones

8.24.020 Graphic zone 1

8.24.030 Graphic zone 2 – All other areas

8.24.040 Parced

Mt. Shasta City is hereby divided into two graphic zones for the purposes of this graphic ordinance. The graphic zones are as follows and as shown on the graphic ordinance map at the end of this chapter. (Ord. CCO- 03-04, 2003; Ord. CCO-95-05, 1995)

 8.24.20 Graphic zone 1

Graphic zone 1 is hereby established within the following boundaries:

(1.A) West Boundary. The centerline of the Union Pacific Railroad right-of-way beginning at the intersection of Field Street and the railroad, then south along the rail track to the intersection of High Street and the railroad, then east along the centerline of High Street to 150 feet west of the centerline of South Mt. Shasta Boulevard, then south 150 feet from South Mt. Shasta Boulevard to the intersection of Mountain View Drive and Mt. Shasta Boulevard.

(1.B) North Boundary. From the centerline of the Union Pacific Railroad tracks east along the centerline of Field Street to the alley immediately east of Chestnut Street.

(1.C) South Boundary. Within 150 feet both east and west of South Mt. Shasta Boulevard at the southern boundary of the intersection of Mountain View Drive.

(1.D) East Boundary. Beginning at Field Street running south along the centerline of the alley, and abandoned portions of said alley, between Chestnut and Alder Streets from the north boundary, south- easterly to a point 200 feet southeast of Lake Street, thence south along the east line of Assessor’s Parcel Number 057-361-030 to Orem Street, thence south along a line located 150 feet east of South Mt. Shasta Boulevard, south to the intersection with Mountain View Drive. (Ord. CCO-03-04, 2003; Ord. CCO-95- 05, 1995)

 8.24.030 Graphic zone 2 – All other areas

Graphic zone 2 is hereby established as:

Any commercial or industrial area, as so designated in the City’s zoning ordinance that is not designated under graphic zone 1 in this graphic ordinance. (Ord. CCO-11-05 § 23, 2011; Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.24.040 Premise in two graphic zones

If a graphic zone boundary splits or divides a premise, the premise shall be deemed to be included in the graphic zone that is the more restrictive. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995) 

Chapter 8.28 REQUIREMENTS FOR GRAPHIC ZONE 1

Sections:

8.28.010 Lighting of graphics

8.28.020 External lighting

8.28.030 Internal illumination prohibited

8.28.040 Pole graphics

 8.28.010 Lighting of graphics.

Lighting of graphics shall be by full cut-off, externally illuminated, or halo lit only. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.28.020 External lighting.

External lighting shall face downward. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.28.030 Internal illumination prohibited

Internally illuminated graphics are prohibited. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.28.040 Pole graphics prohibited

Freestanding graphics supported by poles are prohibited. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

Chapter 8.32 REQUIREMENTS FOR GRAPHIC ZONE 2

Sections:

8.32.010 Lighting of externally illuminated graphics

8.32.020 Internally illuminated graphics

8.32.030 Letters and logo

8.32.040 Neon graphics/exposed illuminated gas or fiber optic tubing (“neon”)

8.32.050 Trim and border of neon graphics

 8.32.010 Lighting of externally illuminated graphics.

Lighting of externally illuminated graphics shall be full cut-off fixtures, with illumination directed downward so as to avoid light pollution. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.32.020 Internally illuminated graphics

Internally illuminated graphics are permissible not to exceed 600 lumens. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.32.030 Letters and logo

Individual letters or logos may be internally illuminated or reverse channel/halo lit. (Ord. CCO-03- 04, 2003; Ord. CCO-95-05, 1995)

 8.32.040 Neon graphics/exposed illuminated gas or fiber optic tubing (“neon”)

Neon or illuminated gas or fiber tubing graphics are considered and shall be treated as internally illuminated graphics for the purpose of this title. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.32.050 Trim and border of neon graphics

Trim, banding, or border outline with neon or fiber optic tubing on graphics is prohibited. (Ord. CCO- 03-04, 2003; Ord. CCO-95-05, 1995)

Chapter 8.40

GENERAL REQUIREMENTS –

ALL GRAPHIC ZONES

Sections:

8.40.010 Freestanding graphics.

8.40.020 Height limit – Freestanding graphics.

8.40.030 Maximum Number of Freestanding Graphics Per Site

8.40.040 Landscaping required at base.

8.40.050 Wall or roof graphics.

8.40.060 Maximum height of graphics.

8.40.070 Awnings and Canopies

8.40.080 Menu boxes

8.40.090 Marquee graphics.

8.40.100 Sizing of graphics.

8.40.110 Portable Graphics

8.40.120 Removal of portable graphics at closing.

8.40.130 Maximum size of portable graphics

8.40.140 Hanging graphics.

8.40.150 Graphics over public property.

8.40.160 No permanent graphics over streets.

8.40.170 Graphics over alleys.

8.40.180 Graphics on public sidewalks.

8.40.190 Off-premises graphics.

8.40.200 Temporary graphics.

8.40.210 Temporary graphics and Special Events

8.40.220 Vehicular line of sight.

8.40.230 Fuel station price graphics.

 8.40.010 Freestanding graphics.

The maximum graphic area for freestanding graphics shall be one-half of a square foot per lineal foot of building frontage up to 32 square feet. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.40.020 Height limit – Freestanding graphics.

Freestanding graphics shall not exceed a maximum of 10 feet in height. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.40.030 Maximum Number of Freestanding Graphics Per Site

No more than one freestanding graphic per public access driveway shall be permitted for any parcel. (Ord. CCO-03-04, 2003; Ord.CCO-95-05, 1995)

 8.40.040 Landscaping required at base.

A landscaped area located around the base of the monument or pole graphic equal to one and one-half square feet for each square foot of monument or pole graphic area, is required for all ground graphics. The landscaped area shall contain living landscape material consisting of shrubs, perennial ground cover plants, or a combination of both placed throughout the required landscape area and having a spacing of no greater than three feet on center.

 8.40.050 Wall or roof graphics.

1.A. A premises displaying wall or roof graphic is allowed one signable area on each facade of the building that has frontage in public view.

1.B. The total area of the wall and roof graphics displayed on the premises shall not exceed the following percentage of the signable area: 60 percent of the signable area for street frontages and 40 percent for blank facades.

1.C. Wall graphics may be painted on, attached to, or pinned away from the wall, must not interrupt architectural details. Roof graphics must not exceed the peak of the roof.(Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.40.060 Maximum height of graphics.

No graphic shall rise above the peak or roof-line of the building. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.40.070 Awnings and Canopies

Graphics on awnings shall be painted, stitched, or mounted to the awning or canopy. The awning or canopy must be capable of supporting the graphic. (Ord. CCO-11-05 § 24, 2011; Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

 8.40.080 Menu boxes

Menu boxes are permitted; provided, that the business offers for sale to the public food and/or beverages for consumption.

(A) Menu boxes shall not exceed four square feet.

(B) One menu box shall be allowed per business.

(C) The menu box shall contain a menu identical to that being provided to the customers of the business, excluding special menus and on-site offers.

(D) The menu box may be internally illuminated; provided, that the source of light is fully shielded from the public. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)  

8.40.090 Marquee graphics.

Marquee graphics are to be installed only on buildings occupied by theaters, cinemas or performing arts facilities. The facility name portion of the graphic should not exceed 40 percent of the total graphic area and the changeable copy portions of the graphic should not exceed 80 percent of the total graphic area. (Ord. CCO- 03-04, 2003; Ord. CCO-95-05, 1995)  

8.40.100 Sizing of graphics.

Where more than one graphic is used on one building frontage, all graphics shall not exceed the total signable area for that given facade facing a public street. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)  

8.40.110 Portable Graphics

A premise, or occupant of a multiuse building may apply to the City of Mt. Shasta to display a portable street graphic when: 2. The portable street graphic is constructed of safe materials that are securely anchored 3. They do not utilize illumination or any electrical sources 4. They attain an Encroachment Permit from the City of Mt. Shasta and do not deter pedestrian movement 5. They do not obstruct or be dangerous to motor vehicle, pedestrian, and cycling traffic  

8.40.120 Removal of portable graphics at closing.

All portable graphics shall be removed at the close of each business day. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)  

8.40.130 Maximum size of portable graphics

Portable graphics shall not exceed a maximum of 12 square feet. Portable graphics shall not be deducted from the total signable area of a facade. (Ord. CCO-03-04, 2003; Ord. CCO-95- 05, 1995)  

8.40.140 Hanging graphics.

Hanging graphics shall be mounted only under canopies, awnings, or building overhangs. All hanging graphics shall be no greater than four square feet. All hanging graphics must have a clearance of at least eight feet above the walkway or surface. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)  

8.40.150 Graphics over public property.

Hanging graphics may project over public sidewalks or yards, providing there is a perpendicular clearance of at least eight feet above all sidewalks or surfaces. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)  

8.40.160 No permanent graphics over streets.

No permanent graphic shall hang over a street. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)  8.40.170 Graphics over alleys. Graphics shall not project over an alley or driveway. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)  

8.40.180 Graphics on public sidewalks.

No permanent or temporary graphics, except regulatory and special events graphics, shall be placed on any public sidewalks, alleys, or public right-of-way. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)  

8.40.190 Off-premises graphics.

No graphic shall be erected for commercial purposes except on the premise on which the business, service, or product is provided. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)  

8.40.200 Temporary graphics.

A. Temporary graphics may not exceed an accumulation aggregate of 25 square feet B. Temporary graphics may not be illuminated C. Temporary Graphics require Planning Department approval, and shall be maintained and in good repair. D. Temporary graphics may be approved for up to 120 consecutive days. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)  

8.40.210 Temporary graphics and Special Events

All graphics associated with an approved City of Mt. Shasta Special Event shall follow Section 7.30.080 of the Mt. Shasta Municipal Code.  

8.40.220 Vehicular line of sight.

No freestanding graphic may be located within 20 feet street intersection right-of-way, measured from the right-of-way boundary to the edge of the graphic, or at a location that would cause an obstruction to vision to vehicular traffic. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)  

8.40.230 Fuel station price graphics.

Fuel stations shall be allowed an additional graphic per street frontage, not to exceed minimum State requirements, for the purpose of displaying fuel prices only. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

Chapter 8.52 GRAPHIC ILLUMINATION

Sections:

8.52.010 Lighting

8.52.020 Maximum brightness

8.52.030 Fuel station canopies

8.52.040 Glare  

8.52.010 Lighting

Lighting fixtures used to illuminate an externally lit outdoor graphic shall be mounted on the top of the graphic structure and be shielded, full cut-off fixtures. (Ord. CCO-03- 04, 2003; Ord. CCO-95-05, 1995)  

8.52.020 Maximum brightness

Maximum illumination for internally illuminated graphics shall be no greater than 600 lumens. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)  

8.52.030 Fuel station canopies

(A) A maximum brightness of 800 lumens is permitted for lighting under the canopy. (B) All light fixtures mounted on the lower surface of canopies must be shielded, full cut-off fixtures, in and of themselves, with no protruding lenses of any kind (canopy edges do not qualify as shielding). (C) Lettering and logo on the perimeter of the canopy shall be considered part of the allowed graphic.  

8.52.040 Glare

No graphic shall give off light which glares, blinds, or has any other such adverse effect on traffic and adjacent property. The light from all illuminated graphics shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

Chapter 8.68 MAINTENANCE OF GRAPHICS

Sections: 8.68.010 General maintenance

8.68.020 Maintenance of landscaped area  

8.68.010 General maintenance

The owner of any graphic shall maintain the graphic and landscaped area in a safe and sound condition. In order that graphics do not become unsightly, they may be inspected by the City at any time. The Planning Commission may, for those graphics in need of maintenance, upon notice and public hearing, may revoke the permit if corrections are not made within 30 days. An extension may be made for materials and weather. Appeals to revocation can be made as per Section 8.16.030 of the Mt. Shasta Municipal Code. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)  

8.68.020 Maintenance of landscaped area

The owner of any graphic with required landscaping at base shall maintain the landscaped area with living plants and with a neat and clean appearance. Dead materials shall be routinely pruned and removed. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

Chapter 8.80 VIOLATIONS/PENALTIES

Sections:

8.80.010 Violation and Penalties

8.80.010 Violation and Penalties

(A) Violation of this chapter shall constitute an infraction, and shall be punished in the manner as specified, at the time of violation, in California Government Code § 36900, or any successor statute which specifies the penalties of infractions. (B) Except as otherwise provided, enforcement of this chapter is at the sole discretion of the city. Nothing in this chapter shall create a right of action in any person against the city or its agents to compel public enforcement of this chapter against private parties. (C) Nothing herein shall prevent a person who violates this chapter from, in the alternative, being charged with and convicted of a misdemeanor or felony under any other applicable provision of the California Penal Code or other local, County, State, or Federal law or regulation. (D) In addition to provisions outlined in California Government Code § 36900, if a sign is erected, altered, or exists in a manner which violates this chapter the sign may be removed by the City at the property owner expense.

Chapter 8.86 SEVERABILITY

Sections:

8.86.010 Severability.

8.86.010 Severability.

If any section, subsection, sentence, clause or phrase of this title is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this title; and the City Council of the City of Mt. Shasta hereby declares that it would have passed the ordinance codified in this title and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Provided further, that if any provision of this title or its application to any person or circumstance is held invalid, said title or the application of said provisions to other persons or circumstances shall not be affected thereby. (Ord. CCO-03-04, 2003; Ord. CCO-95-05, 1995)

The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Mt. Shasta held on May 29, 2018 by the following vote:

AYES: Stearns, Wagner, Stackfleth, Engstrom, Morter

NOES: None

ABSENT: None

ABSTAIN: None

Dated: May 29, 2018

CITY OF MT. SHASTA

Kathy Morter, Mayor

ATTEST:

Kathryn M. Wilson, Deputy City Clerk

APPROVED AS TO FORM:

John Sullivan Kenny, City Attorney

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