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Ord 0545-SIGN ORDINANCE INDEXr ORDINANCE NO. 545 "SIGN ORDINANCE" I N D E X Item Section Page Appeals 9 11 Applications 4.1 2 Building Inspector, Duty of 4.2 2 Constitutionality 13 12 Definitions 3 1 Area of a Sign 3.1 1 Building Lane 3.2 1 .Clearance 3.3 1 Erect 3.4 1 Person 3.5 1 Projection 3.6 2 Sign 3.7 2 Electric Power Lines 4.3 3 Exceptions 6 6 Fees 4.4 3 General Provisions 5 3 Ordinances Repealed 12 12 Penalties 11 12 Permits, Referral to Planning Commission 5.8 6 Permits Required 4 2 Permits, Revocability 4.5 3 Publication 14 12 Purpose 2 1 Short Title 1 1 Signs, Awnings and Canopies 8,6 11 Signs, Content of 5.1 3 Signs, Fin 8.4 10 Signs, Free-Standing 8.1 8 Signs, Maintenance 5.2 4 Signs, Marquee 8.5 10 Signs, Non-Conforming 5.4 5 Signs, Obstructions, Hazards 5.3 4 Signs, Pole 8.4 10 Signs, Projecting 8.3 9 Signs, Removal of Obsolete 5.6 5 Signs, Removal of Unsafe, Unlawful 5.5 5 Signs, Roof 8.7 11 Signs, Structural Requirements 5.7 5 Signs, Temporary 7 7 Signs, Wall 8.2 9 Special Regulations 8 8 Uniform Sign Code 5.7.1 5 Variances 10 12 f ORDINANCE NO. 545 AN ORDINANCE REGULATING SIGNS IN THE TOWN OF LOS GA OS; PROVIDING FOR THE ISSUANCE OF SIGN PERMITS AND FIXING THE FEES THEREFOR; ADOPTING BY REFERENCE AND MODIFYING THE 1958 EDITION OF THE UNIFORM SIGN CODE; PRESCRIBING PENALTIES AND .fANCES, ANII REMEDIES FOR VIOLATIONS; AND REPEALING ALT, ORDIr PARTS OF ORDINANCES TO THE EXTENT THAT THEY ARE LESS RESTRICTIVE AS DEFINED HEREIN: THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION 1. Short Title. This ordinance shall hereafter be known and cited as the "Sign Ordinance." SECTION 2. Purpose. The purpose of this ordinance is to provide for the regulation of all signs which are publicly displayed in the Town of Los Gatos. It is recognised that the safety of pedestrians and vehicles, protection against fire, and the enhance- ment of the outward appearance of the community are important factors in the general welfare of the people, and that accordingly reasonable control of such signs by ordinance is in the public interest. SECTION 3. Definitions. For the purposes of this ordinance, certain terms are defined and certain provisions shall be construed as herein set forth, unless the context otherwise indicates. SECTION 3.1 Area of a Sign. The area of a sign shall.be considered.. to include all lettering, wording and accompanying designs or symbols, together with any background of a different material or color than the remainder of the wall of the building to which it is affixed or upon which it is painted. Where the sign consists of individual letters or symbols, the area shall be considered to be that of the smallest rectangle which can be drawn to encompass all of the letters or symbols. In the case of a free-standing sign, or a sign visible from both sides, the area shall be considered to be that included within the outer edges of the frame of the largest side of the sign, not including the supports which attach it to the ground or to a building. SECTION 3.2 Building Line. Wherever there is'an official plan line or a setback line established by ordinance, said line shall be the "building line" as the term is used herein. Where there is no such setback line, the building line shall be the front property line; provided, however, that if all buildings in the same block and facing the same street as a proposed sign are set back from the front property line, then the building line shall be a line parallel to the front property line and the same distance therefrom as the face of the building nearest to such front property line. SECTION 3.3 "Clearance" shall mean the least vertical distance between the established sidewalk elevation beneath any sign and the lowest part of the sign which projects over such sidewalk area. Where no projection over a sidewalk is involved, the term shall refer to the least vertical distance between the ground and the lowest part of the sign proper, exclusive of supporting posts or braces. SECTION 3.4 The term "erect" shall mean to build, construct, attach, hang, affix or otherwise to place or cause to be placed, and shall include the painting of a sign upon a wall, fence or other structure. SECTION 3.5 "Person" shall mean any person, firm, partnership, c6mpany, corporation or organization of any kind. - l - v 0 0 SECTION 3.6 "Projection" shall mean the horizontal distance between the outer extremity of a sign and the wall to which the sign is attached, or the building line, according to the context. SECTION 3.7 "Sign" shall mean any device or display, intended or used for visual communication for the purpose of bringing the subject thereof to the attention of the public. The term includes any and all lettering, wording, designs or symbols applied or attached to any exterior part of any building, structure or natural object, or placed upon or attached to the ground; and all parts, portions, units and materials of which it is composed, together with the frame, background, supports and anchorage thereof. (a) No such device or display which is entirely inside a building or in the display space of a lawful show window, unless actually affixed to or upon a window pane so as to be seen from the outside, shall be considered to be a sign as the term is used in this ordinance. (b) No official public notice or notice posted by any public officer in the performance of his duty shall be considered to be a sign as the term is used in this ordinance, and nothing in this ordinance shall be held to interfere with or regulate such notices. SECTION 4. Permits Required. Except as otherwise provided herein for specific.types of signs, it shall be unlawful for any person hereafter to erect, alter, relocate or maintain any sign within the Town of Los Gatos without first obtaining a sign permit from the Building Inspector and making payment of the required fee or fees. SECTION 4.1 Applications. Each application for a sign permit shall be made upon blank forms furnished by the Building Inspector and shall be accompanied by three (3) indelible copies of the plans and specifications of the structure, and such other information relative to the project as the Building Inspector may require to assist him in his investigation or to show that the sign is so designed as to meet all requirements of law as well as the special requirements of this ordinance, and that any other permit which is prerequisite has been obtained. The Building Inspector may require photographs of the site and full information as to any and all signs already upon the premises. Where the applicant is not the owner or tenant of the premises, the Building Inspector shall require submission of a statement that the consent of the said owner or tenant has been obtained. The application shall contain specifi- cally the following information: (a) The name, address and telephone number of the applicant; (b) The location of the proposed sign by street address or by lot and block number; (c) The position of the sign upon the lot, or in relation to any building or structure to which it is to be attached. (d) Narme.of the person, if other than the applicant, erecting the sign; (e) Cost. SECTION 4.2 Duty of the Building Inspector. It shall be the duty of the Building nspector, upon the iling of an application for a sign permit in proper order, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign. If it shall appear that the proposed sign is in compliance with the requirements of this ordinance, and of the Building Code, the Electrical Code, the Zoning Ordinance and all other appXicable 2 r 0 P_j laws and ordinances, he shall then approve the application and upon payment of the fee hereinafter specified issue a sign permit for such sign; otherwise he shall disapprove the application. SECTION 4.3 Electric Power Lines. No permit for any sign shall be issued and no sign shall be constructed, installed or erected which does not comply with all the provisions of this ordinance or which has less horizontal or vertical clearance from energized electric power lines than prescribed by California Penal Code Section 355, the regulations of the (alif ornia Public Utilities Commission, and the orders of the Division of Industrial Safety, State of California. SECTION 4.4 Fees. Every applicant for a sign permit shall, before such permit is issued, pay the permit fee specified herein as follows: (a) For temporary signs, for each sixty (60) square feet of area or fraction thereof ONE ($1,00) DOLLAR (b) For signs on awnings, canopies, or marquees, for each ten (ltd) square feet of area, or fraction thereof ONE ($1.00) DOLLAR (c) For all other signs requiring a permit THREE ($3.00) DOLLARS SECTION 4.5 Revocability of Permits. All rights and privileges acquired by the issuance o sign permits as regulated herein are mere licenses, revocable at any time by action of the Planning Commission, with right of appeal to the "s"own Council, and all permits issued shall contain this provision. The Building Inspector shall revoke any permit issued by him upon refusal of the holder thereof to comply with the provisions of this ordinance. If the work author- ized under a sign permit has not been completed within six (6) months after the date of issuance, such permit shall become null and void. SECTION 5 General Provisions. No sign shall hereafter be place upon any private property in the Towu of Los Gatos without.the express permission of the occupant, owner, lessee or an authorized agent thereof, nor unless a permit for such sign, if required by this ordinance, has been duly issued. (a) No person shall erect, affix a sign or notice provided in sub-paragr: upon any post, pole or thoroughfare or on any Los Gatos. paste, of any iph (a) tree 1 public print, nail or otherwise kind, except as specifically of Section 3.7 hereof., a any street, alley or property in the Town of (b) It shall be unlawful for any person to display upon a sign any obscene, indecent or immoral matter. SECTION 5.1 Content of Signs. The content or advertising message carried by signs herea ter erected in the Town of Los Gatos shall be limited to one or more of the following: (a) The identification of a building or its owners or occupants of the premises; (b) Information concerning lawful activities on the premises, or goods or services offered in connection therewith; (c) Information concerning the sa?e,rental or lease of the premises; (d) Information concerning exclusively the direction toward and the distance to a designated institution, place of - 3 - ~ a business or residence which is not located on the same premises as the sign. Not more than one such sign shall be located within one hundred (103) feet of any other such sign without specific approval of the Planning Commission. Written application for approval of such sign or signs and the location thereof shall be filed with the Town Clerk upon forms and accompanied by such information as may be prescribed for that purpose by the planning Commission. The Planning Commission may approve the application subject to such terms and conditions as it may deem proper. A public hearing on such application shall not be required. It is the intent of this limitation to prohibit the use of exterior signs for the general advertisement of products, services or other, matters having no relation to the premises upon which they are placed. SECTION 5.2 Maintenance. All signs, including signs heretofore installed, shall be continuously maintained in a state of security, safety and repair, and shall be painted and repainted at reasonable intervals. If any sign is found not to be so maintained, or in need of-'painting, it shall be the duty of the owner and the occupant of the premises to repair, paint"or remove the sign within Len (10) days after receiving written notice to do so from the Building Inspector. If the sign is not so repaired, painted or removed within said time, the Building Inspector shall have the power to cause such sign to be removed at the expense of the owner of the premises. SECTION 5.3 Obstructions, hazards. (a) No sign shall be erected, relocated or maintained so as to prevent free ingress to or access from any door, window or fire escape, nor shall any sign be attached to a standpipe or fire escape, or so located as to interfere with the operation thereof. (b) No sign shall be erected, relocated or maintained at or near the intersection of any streets in such manner as to obstruct free and clear vision of vehicular traffic; or at any location where it may obstruct the view of, or by reason of shape, lighting, color or lettering, be confused with any authorized traffic sign, signal or device, or in any manner interfere with, mislead or confuse pedestrians or the operators of vehicles in traffic. (c) Every sign located on or within five (5) feet of any street line or sidewalk shall have a smooth surface, free of protruding tacks, nails or wires. (d) No flashing signs shall hereafter be permitted, and all signs lighted by light sources exterior to the sign shall have said light sources shielded so as to reflect the light directly upon the sign. No lighting arrangement shall be permitted which by reason of brilliance or reflected light is a detriment- to surrounding properties, or prevents the peaceful enjoyment of residential uses. No sign with intermittent lighting or which is otherwise animated in any manner shall be permitted. (e) The exterior use of pennants, streamers, whirligigs and all similar moving devices is prohibited, unless authorized in connection with a sign permit for a temporary sign as provided in paragraph (c) of Section 7 hereof. - 4 - 0 • SECTION 5.4 Non-conforming Signs. Every sign which is lawfully in existence on priv'ce property on the effective date of this ordinance but which does not meet all the requirements thereof shall be considered to be a non-conforming sign. No non-conforming sign may be structurally altered, increased in area or relocated unless it be made to comply with all the provisions of this ordinance. Every non-conforming sign which does not violate the provisions of Sections 5 to 5.2, inclusive: and Sections 5.3 (a), 5.3 (b), 5.3 (c) and 5.3 (e) hereof, may be maintained, repaired and painted without permit or fee, for a period not to exceed three (3) years from the effective date of this ordinance; and shall then be removed, or so altered or relocated as to conform fully with this ordinance. A sign permit shall be required for the necessary alteration or relocation. SECTION 5.5 Removal of Unsafe, or Unlawful Signs. If the ;Building Inspector shall find that any sign regulated .y this ordinance is unsafe, insecure, a menace to the public or erected or maintained in violation of the provisions of this ordinance, he shall give mritten notice to the permittee, or to the owner in the case of a noncon- forming sign. If the sign is not removed or altered so as to conform within ten (10) days after such notice, the Building Inspector shall cae'it to be removed or altered so as to conform, at the expense of the permittee, tenant or owner of the property upon which it is located. No permit shall be thereafter issued to any permittee, tenant or owner who refuses to pay such costs. The Building Inspector shall have the power to cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. SECTION 5.6 Removal of Obsolete Signs. Any sign which by reason of discontinuance of a use or activity, or change of ownership or occupancy, no longer conforms to the requirements of Section 5.1 hereof, shall be removed by the owner or tenant of the premises within thirty (30) days after written notification to do so from the Building Inspector. Upon failure to comply with the removal notice, the Building Inspector shall cause such sign to be removed at the expense of the owner of the property,upon which the sign is located. SECTION 5.7 Structural Requirements. All signs hereafter erected shall be so erected as to be in conformance with the provisions of the Uniform Sign Code, 1958 Edition, whiich this Ordinance adopts by reference as modified by this Ordinance; provided, however, that if any of the provisions of this Ordinance conflict with any pro- visions of said Uniform Sign Code, 1958 Edition, then the provisions of this Ordinance shall govern. SECTION 5.7.1 Uniform Sign Code Adopted by Reference: The rules, regulations and provisions for design, quality of materials, construction, location, electrification, and maintenance of all signs and sign structures not located within a building have been printed as a code in book form by the International Conference of Building Officials, Los Angeles, California, consisting of one volume of fourteen pages, being entitled "Uniform Sign Code, 1958 Edition", not less than three (3) copies, all certified to be true copies by the Town Clerk of the Town of Los Gatos, having been for at least fifteen (15) days preceding the public hearing on this Ordinance, and continuously since, and are now, and shall be kept on file in the Office of the Town Clerk of the Town of Los Gatos for public inspection thereof, reference being hereby made to said "Uniform Sign Code, 1958 Edition" for all the rules, regulations and provisions therein shown, and said rules, regulations and provisions in said "Uniform Sign Code, 1958 Edition" are and each is hereby adopted by reference and made a part hereof, the same as if fully set forth in this Ordinance, and are and each is by such reference adopted as Sections of this Ordinance, bearing the sane numerical designations 5 - as appear in said Uniform Sign Code with the exceptions of: Sections S-102; S-103; S-201; S-203; S-204; S-211; S-213; S-214; S-216; S-301; S-302; S-303 and S-304, which are not adopted by reference by this Ordinance, and are expressly excluded therefrom and PROVIDED FURTHER, that whenever the words "Building Official" are used in said Uniform Sign Code, said words shall be held to refer to the"Building Inspector"of the Town of Los Gatos. SECTION 5.8 Referral of Certain Applications. The Building Inspector is hereby authorized and directed to withhold issuance of a sign permit, pending referral of the application therefor to the Planning Commission, in order to insure proper enforcement, in the case of the following types of signs: (a) Any proposed sign involving uncertainty as to its conformity to the provisions of the Zoning Ordinance or any other Ordinances of the Town of Los Gatos. (b) Any proposed sign, the approval of which depends upon a ruling as to a possible violation of sub-paragraphs (b) or (d) of Section 5.3 hereof. (c) Any proposed sign in a GM Zoning District, unless pre- viously approved by the Planning Commission. (d) Any subdivision sign in a"Residential Zoning District as authorized in Section 9 hereof. The Building Inspector shall deliver a copy of the application to the Town Clerk who shall place the matter upon the agenda of the Planning Commission in.accordance with its rules and regulations, and notify the applicant of the date, time and place of the hearing thereon. At said time and place the Planning Commission shall hear the applicant and make such investigation as it deems necessary, and may then authorize the Building Inspector to approve the sign permit, or it may require modification or deny the application. The require- ments in the Zoning Ordinance as to referral of building permits in "S" Zoning Districts, except CM-S Districts, to the Planning Commission shall not be considered to apply to sign permits except in the cases hereinabove cited. SECTION 6. Exceptions. The specific types of signs described and as limited herein shall be exempt from all provisions of this ordinance except the general provisions contained in Sections 5 to 5.7 hereof inclusive. (a) House numbers, street names, signs warning against trespass or danger, railroad crossing signs, authorized traffic or parking signs, rural free delivery boxes and directional signs as qualified under sub-paragraph (d) of Section 5.1 hereof when related to an institution or place of residence and placed on a corner lot. (b) Name plates, when affixed flat against the wall of a building, and serving solely to designate the name or the name and professional occupation of a person or persons residing or having an office in such building; provided, however, that this exception shall not apply in the CM Zoning Districts, or to any sign in a C-1, CC, C-2, M-1 or M-2 Zoning District which exceeds four (4) square feet in area, and that no such sign in a Residential Zoning District shall exceed one and one-half (11) square feet in area. (c) Memorial signs or tablets, erected by recognized historical agencies, or names of buildings and date of erection when cut into a masonry surface or when constructed of bronze or other incombustible letters and affixed flat against the wall of such building. 6 i ! (d) Non-illuminated signs on any lot or building which serve solely to advertise the sale , lease or rental of the premises upon which located, and having an aggregate area not in excess of twelve (12) square feet. (e) Bulletin board, when located on the premises and used solely in connection with activities within any church, school or other public or institutional building and having an area not in excess of eighteen (18) square feet. (f) Poster frames of theatres, not over forty (40) square feet in area, when affixed to the theatre building and not projecting over any sidewalk more than twelve (12) inches. (g) Signs temporarily attached to or lettered on the exterior or interior of a store window; provided, that the aggregate area of such signs shall not exceed twenty-five (25) per cent of the total window area of anir business establishment. (h) Signs painted on the doors or windows of buildings in Commercial or Industrial Zoning Districts. SECTION? 7. Temporary Signs. Temporary signs as regulated by this ordinance shall include any sign constructed of cloth or fabric, cardboard, wall-board or other light materials and intended to be displayed for only a short period of time. (a) If satisfied upon investigation as to the safety and lawful content of a proposed temporary sign, the Building Inspector is authorized to approve and issue a sign permit therefor, even where the area limitations herein set forth for permanent signs are exceeded; provided, however, that such permit shall be for a period not to exceed thirty (30) days. Ahe Building Inspector may upon application, and upon payment of a fee in the same amount as for the original permit, extend said period for an additional thirty (33) days, after an inspection of its safety and condition of repair. (b) No temporary sign shall have a projection over public property in excess of twelve (12) inches, except as provided in sub-paragraph (c) of this section. (c) The Town Council may upon written application to it, issue special permits upon such conditions as it may determine for the display on public property of temporary signs or banners of a civic, political, charitable, educational or religious nature, or in connection with a festival or patriotic celebration, and may waive the fee for such permits. No such permit shall be issued, however, unless the Town Council finds that the Town is effectively held harmless for any act or omission of the applicant. (d) The following types of temporary signs may be erected without permit or fee; but shall be subject to the provi- sions of Sections 5.1 to 5.7 hereof, inclusive. 1. Portable temporary signs having an area not in excess of twelve (12) square feet, used in connection with the offer of services or goods for sale and placed entirely upon private property and back of the building line, 2. A temporary sign descriptive of a building under construction or proposed to be constructed, and denoting the architect, engineer or contractor,; when placed entirely upon private property; provided that no such sign for private construction in a residential distract - 7 - 0 0 shall have an area in excess of twelve (12) square feet; and provided, further, that every such sign shall be removed immediately upon completion of the work. SECTION 8. Special Regulations. "he aggregate area of signs permitted on. any : built .ng site shall not hereof ter exceed one and one-half (11) square feet for each linear foot of street frontage including the first fifty (50) feet of frontage on the side street of a corner lot; or fifty (50) square feet, whichever is greater. (a) Where more than one (1) sign is displayed not more than an aggregate area of one hundred (100) square feet of such signs shall be concentrated within any fifty (50) feet of street frontage. (b) Temporary signs and signs of a type for which no permit is required under this ordinance may be excluded from the calculation of aggregate area; otherwise all existing signs, except signs on awnings, canopies and marquees which conform to this ordinance, shall be included. (c) A lot line adjacent to a street or public way less than thirty (30) feet in width shall not be considered to be street frontage.for the purposes of this section, unless it is the only means of access to the lqt. (d) No business sign shall hereafter be erected, which faces directly across a common boundary line into an adjacent lot which is in a Residential Zoning District. (e) Any sign placed on the rear entrance to any business building shall be placed against the gall of the building or structure with the exposed face parallel to the plane of said wall. Such sign shall not exceed in area twenty-five (25) percent of the area permitted to the same business for use on the front, or front and side, of said business. SECTION 8.1 Free-standing Signs. The regulations herein set forth for free-standing signs shall apply to every sign requiring a permit which is supported wholly or in major part by uprights or braces placed upon the ground; not including a pole or fin sign as regulated in Section 8.4. (a) There shall be not more than one (1) free-standing sign on any lot. (b) Except as provided in sub-paragraph (e) of this section, no free-standing sign shall have an area in excess of one (1) square foot per linear food; of said street frontage, nor an overall height in excess of forty-five (45) feet, plus one (1) foot for each horizontal foot between the nearest point of the sign and the building line, (c) No free-standing sign shall have any projection over public property, or beyond the building line as defined herein; or be less than two (2) feed: from any other sign, building or structure. (d) The surface of the ground under and about every free- standing sign shall be kept clear of weeds, rubbish and flammable waste material. (e) Any person offering lots or dwellings for sale in a residential subdivision may erect afree--standing sign, subject to permit and fee, located within the limits of the said subdivision, but not within one hundred (100) feet - 8 - • i of any occupied dwelling located outside the subdivision; provided, that no such sign shall be illuminated, nor have an area in excess of one hundred (100) square feet, nor any single dimension in excess of twelve (12) feet; pro vided however, that where such sign is placed over fifty (50) feet but less than one hundred (100) feet to the rear of the front property line it may be twenty-four (24) square feet in area; and if placed one hundred (100) or more feet to the rear of the front property line it may be thirty-six (36) square feet in area. Not more than one such sign shall be permitted at each major approach to the said subdivision and no such sign shall be permitted which violates any provision of the Zoning Ordinance. Every permit for such a sign District shall automatically year from date of issuance, the approval of the Planning the permit shall become null be removed. in any Residential Zoning expire at the end of one (1) anless extended thereafter with Commission. Upon egpiration, and void, and the sign shall SECTION 8.2 Wall Signs. Wall signs as regulated by this ordinance shall include all fla.~ signs which are placed against the wall of a building or structure, with the exposed face parallel to the plane of said wall, or which are painted upon such a wall. (a) No wall sign facing a street shall project beyond the ends of the wall to which it is attached, or above the eaves or wall coping of a one-story building. (b) No wall sign shall have a clearance of less than eight (S) feet, nor shall the projection of any wall sign over the building line exceed twelve (12) inches.* This limitation shall not apply to projection of devices used for exterior illumination of the sign. (c) Barber poles, having a clearance of not less than four and one-half (41) feet shall be exempt from the clearance limitations of sub-paragraph (b) hereof, but shall not have a vertical length in excess of fifty-four (54) inches. (d) Wall signs on a side wall which do not face into a street shall have an area, not greater than fifteen (15) per cent of the area of the surface of such wall, including openings therein, when such surface area is five hundred (500) square feet or less; otherwise the permitted area of such signs shall be seventy-five (75) square feet plus five (5) per cent of the gall area in excess of five hundred (500) square feet. SECTION 8.3 Projecting Signs. Projecting signs as regulated herein shall include any sign which is attached to a building or structure and extends more than twelve (12) inches from the wall or beyond the surface thereof, except pole signs, fin signs, and signs painted on a canopy or awning or affixed to amarquee, as regulated here- inafter. (a) Projecting signs shall hereafter be permitted only where ,the building or structure is set back beyond the building line or otherwise occupies only a portion of the lot, and no such sign shall extend more than twenty-four (24) inches beyond the building line.as defined herein. No projecting sign shall have a thickness greater than twelve (12) inches, but the front edge of such sign may be used as a portion of the advertising display surface of said sign. *To allow for thickness of sign. - 9 - 9 E (b) No projecting sign shall have a clearance of less than eight (8) feet, nor less than fourteen (14) feet where it extends over any vehicular driveway or parking area. SECTION 8.4 Pole Signs and Fin Signs. The regulations herein set forth for pole signs and fin signs u;aall apply to every sign which has a projection over public property in excess of twelve (12) inches, and is supported wholly from the ground by a pole or poles, partially by. a' pole or. poles and 'partially by-4--building' or : structure or supported wholly from the roof of a one-story structure. (a) Such signs shall be permitted on a lot only when the business occupancy to which the sign relates is conducted in a struc- ture or structures set back not less than twenty (20) feet from the property line, and is of a type.such as automobile service stations, drive-in markets and restaurants, parking lots, motels and similar business establishments where a major portion of the patrons drive upon the premises in motor vehicles. (b) No pole or fin sign shall have an overall height above the ground in excess of thirty (30) feet, nor a projection beyond the property line in excess of four (4) feet. (c) No pole or fin sign shall have a clearance of less than ten (10) feet, nor less than fourteen (14) feet where it extends .over any vehicular driveway or parking area. (d) That portion of the area of a pole sign or a fin sign, which extends beyond the building line as defined herein shall not be in excess of eighteen(18) square feet. (e) Every fin sign supported entirely from the roof of a structure shall be constructed with a rigid frame entirely within the sign structure, and shall have no external guy wires. (f) Not more than one pole and one fin sign shall be erected on any lot, and not more than one fin sign shall be permitted on any street frontage of a lot. (g) Except as herein provided for fin signs, no sign shall here- after be erected which is placed upon or extends over the roof of any building, except an identifying sign as qualified by sub-paragraph (a) of Section 5.1 hereof, which does not extend more than two (2) feet above the portion of the roof or cop- ing to which it is attached. SECTION 8.5 Signs on Marquees. The area of a sign or signs on a law- ful marquee shall not be included in the calculating of aggregate area as provided in Section 8 hereof, but no such sign shall be per- mitted which extends above or projects beyond the again structure of such marquee, or which exceeds in size on either side or on the front of such marquee a rectangle sixty (60) inches high by ninety (90) percent of the length of such side or front. (a) A sign may be attached to a marquee so as to extend below the main structure. No such suspended sign shall be larger than eight (8) inches in width and twenty-four (24) inches in depth. The area of such suspended sign or signs shall be included in the calculation of aggregate area as provided in Section 8 hereof. The clearance of such suspended sign shall not be less than eight (8) feet. There shall not be more than one such suspended sign for each business conducted within the building to which said marquee is attached, and all such signs on a marquee shall be uniform as to size, shape, and placement with respect to the building and the marquee; provided that where a marquee is attached to only one place of business there may be one such suspended sign at each end of the marquee. 10 - i (b) Signs on or suspended erect to be wall signs or projecting signs as C from a marquee shall not be consid- ers regulated in Section 8.2 hereof, regulated in Section 8.3 hereof. SECTION. 8.6 Signs on Awnings or Canopies. The area of signs painted on a lawful awning or canopy. which pro jd acs, over a limited to the designation of the game and address the business, industry or service conducted on the not be included in the calculation of the aggregate provided in Section 8 hereof. Such signs shall not be wall signs as regulated in Section 8.2 hereof, o signs as regulated in Section 8.3. sidewalk, when of the owner and premises, shall area of signs as be considered to r projecting (a) No sign, flag or banner shall be attached to or suspended from any acining or canopy extending over any public property. (b) No permit shall hereafter be approved for a sign to be painted on any awning or canopy which occupies a space in excess of eight (8) inches in height on the front and sides thereof. SECTION 8.7 Roof Signs. Except as provided for fin signs in Section 8.4 hereof, no sign other than an identifying sign as des- cribed and qualified in sub-paragraph (a) of Section 5.1 hereof and not extending more than two (2) feet above the portion of the roof or coping to which it is attached, shall hereafter be erected upon or so as to extend over the roof of any building. SECTION 9. Appeals. (a) To Town Planning Commission: Any applicant for a sign permit, or any owner of property directly affected by a proposed sign, may appeal to the Planning Commission for Veview of the decision made by the Building Inspector approving or disapproving the application. Such appeal shall be made in writing, within ten (18) days of the date of approval or disap- proval, and shall be based either upon an alleged error in the findings of fact relevant to such permit, or upon an alleged error in the interpretation of this ordinance. After considering any such appeal, the Planning Commission shall by majority vote sustain or reverse the decision of the Building Inspector, in accordance with its findings as to the facts or as to interpretation of the ordinance. (b) To Town Council. Any person aggrieved by any decision of the Planning Commission made under the provisions of this Ordinance may, within ten (10) days from the date of such decision, appeal to the Town Council by written Notice of Appeal filed in duplicate and shall set forth specifically wherein the Commission°s findings and decisions were in error. The Town Clerk shall give written notice of the time and place of nearing such appeal to the applicant, appellant and Planning Commission. Upon hearing the appeal, the Town Council shall consider the record and such additional evidence as may be offered, and may affirm, modify or reverse, in whole or in part, the decision of the Planning Commission, or make or substitute such other additional decision or determination as it may find warranted. The decision of the Town Council upon the appeal shall be expressed by Resolu ion in writing, con- curred in by at least four-fifths (4/5ths) of all of the members of the Town Council, and the Council shall forth- with cause to be transmitted a copy thereof to the applicant, the appellant and the Planning Commission. ll - SECTION 10 Variances. Written application for the approval of a variance from tEe stFict and literal app=ication of the terms of this Ordinance may be filed by any, person .,ith the rxovin Clerk upon forms and accompanied by such data and infor aticta as raay be pre- scribed by the Planning Commission. Upon the filing of each application for a variance, a fee of $16,00 shall be maid. Written receipt shall be issued to the person mal im:g such pa;; went and a record thereof kept as prescribed byp lac- . The Town 'Mannino Commission shall hold one public herrin. upou each such application. Notice of the time and place for such public hearing shall be given by one publication not less than ten (10) days prior to such hearing in a newspaper of general circulation in the Town of Los Gatos, designated by the Town Council, Upon the conclusion of said public hearing, or at a later date as the Planning Commission finds from the facts presented that practical difficulties or unnecessary hardships inconsistent with the general purpose of this Ordinance would result from the strict and literal interpretation and enforcement of the provisions thereof, the Planning Commission, upon such terms and conditions as it may deem necessary and proper, may grant suchvariances as may be in harmony with-the general purposes and intent of this Ordinance so that its spirit shall be observed, public safety and welfare secured, and substantial justice done. When a variance has been granted, the Building Inspector shall have the power to approve a sign permit in accordance with its terms and conditions. SECTION 11. Penalties. Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five Hundred ($500.00) Dollars or by imprisonment in the County Jail of the County of Santa Clara for a term not exceeding six (6) months, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permitted by such person, and shall be punishable as herein provided. SECTION 12. Ordinances Repealed. Ordinance No. 495, and all other ordinances and parts of ordinances, to the extent that they are less restrictive of signs as defined herein-than this ordinance, are hereby repealed. SECTION 13 Constitutionality. If any section, sub-section, clause or phrase of this Ordinance is for any reason held to be uncon- stitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council of the Town of Los Gatos hereby declares that it would have passed the Ordinance and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared unconstitu- tional. SECTION 14 Publication. This Ordinance shall be published onea in the Los Gatos Times-Saratoga Observer, a newspaper of general circulation, printed and published in the Town of Los Gatos. The above and foregoing Ordinance was duly and regularly introduced at a regular meeting of the 'town Council of the Town of Los Gatos held on the 18th day of July, 1960, and was thereafter at a regular meeting held on the day of 1960, duly and regularly adopted by the following vote: - 12 - a vF 9 AYES : C Off, NC I LYT? : NOES: COU14C I LMEN : ABSENT: COUNCILMEN: 7/- M OR OF THE TOWY OF LOS GATOS ATTEST: 'LER F E TOWN OF LOS GATOS - 13 -