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Artesia City Zoning Code

ARTICLE 12

Signs

§ 9-2.1201 Compliance: Permits.

(a) 
Compliance. No sign other than those explicitly allowed pursuant to the provisions of this article (or as otherwise required by applicable law) shall be placed, installed, displayed, replaced, or otherwise maintained in the City, and all other signs (including, but not limited to, pole signs, roof signs, vehicle signs, and off-premises signs) shall be prohibited. No person shall place, erect, construct, install, enlarge, alter, repair, move, use, display, or otherwise maintain any sign, outdoor advertising, or advertising structure in violation of any provisions of this article or any other applicable law or statute, and except when otherwise indicated in this chapter.
(b) 
Permits. No outdoor advertising shall be placed, maintained, constructed, installed, erected, enlarged, altered (including change of copy or face change), repaired, moved, or displayed in any zone unless a permit has already been issued in accordance with the provisions of this chapter or a conditional use permit has been obtained in accordance with the provisions of Article 17 of this chapter.
(c) 
Planning Approval. No sign shall be placed, erected, constructed, installed, altered, enlarged, moved, repaired, replaced, displayed, or otherwise maintained unless the sign has first been approved by the Planning Director or designee thereof, except for those signs that are either exempt from review or subject to Planning Commission approval pursuant to the provisions of this chapter.
(d) 
Filing. Any person desiring Planning Director or Planning Commission approval of a sign may file an application therefor with the City's Planning Department; provided, however, the City's Planning Department may not accept any application requesting a Planning Director or Planning Commission approval where the City Council or Planning Commission has taken final action on an application for the same, or substantially similar, site plan or sign plan within the previous six months, unless the applicant can show changed conditions.
(Ord. 159, § 76.01; Ord. 522, § 5; Ord. 639, § 6; Ord. 12-785, § 7)

§ 9-2.1202 Exterior Signs: Commercial Zones.

Exterior signs indicating the name and nature of the occupancy or the name and address of the building shall be permitted in the commercial zones subject to the following provisions:
(a) 
Wall Signs.
(1) 
Minor Wall Signs—Review and Approval by the Planning Director. Any wall sign less than 100 square feet in area and not incorporating exposed neon lighting shall be deemed to be a minor wall sign and shall be subject to administrative review and approval by the Planning Director, provided that a total of not more than three wall signs currently exist or are proposed to exist for the subject business exterior. Any application for approval of a minor wall sign where a total of more than three wall signs currently exist or are proposed to exist for the subject business exterior shall be subject to design review approval by the Planning Commission.
(2) 
Major Wall Signs—Review and Approval by the Planning Commission. Any wall sign which is 100 or more square feet in area, or any wall sign which incorporates exposed neon lighting, whether less than or greater than 100 square feet in area, shall be deemed to be a major wall sign. Any application for approval of a major wall sign, shall be subject to design review approval by the Planning Commission.
(3) 
Standards Applicable to All Wall Signs.
(A) 
No sign shall project more than 12 inches from the wall face;
(B) 
The maximum sign area for a business shall not exceed one square foot of area for each lineal foot of business frontage; provided that no individual sign shall exceed 150 square feet.
(C) 
No wall sign shall have more than two rows or columns of letters or characters.
(D) 
Maximum letter heights for wall signs shall conform to the following table:
Business Frontage (in lineal feet)*
0—39
40—49
50—59
60—69
70—79
80—89
90—99
100+
Maximum Permitted Cumulative Letter Height (in inches)
48
 
 
 
 
 
 
 
X
42
 
 
 
 
 
 
X
 
36
 
 
 
 
 
X
 
 
30
 
 
 
 
X
 
 
 
24
 
 
 
X
 
 
 
 
22
 
 
X
 
 
 
 
 
20
 
X
 
 
 
 
 
 
18
X
 
 
 
 
 
 
 
Notes:
*
For purposes of calculating letter heights, business frontages shall be rounded to the nearest whole number of feet and to the next lowest whole number when the distance between two whole numbers is exactly one-half (½) foot.
(E) 
All conduits, raceways, transformers, junction boxes, and openings in the building surface shall be concealed. If canopy architecture prohibits concealing hardware, it shall be enclosed in a manner consistent with quality fabrication practices, and painted to match the adjacent wall color. The method of installation shall be approved by the Planning Department.
(F) 
All exposed exterior signs shall be mounted directly onto the building face and shall be completely sealed in a watertight enclosure. All bolts, fastenings, and clips used shall be of hot dipped galvanized iron, stainless steel, or other non-corrosive material.
(G) 
All signs intended to be illuminated shall be illuminated internally.
(H) 
No labels or other identification will be permitted on the exposed surface of the sign except those required by local ordinance.
(I) 
Cabinet sign backgrounds shall be of a non-reflective material and, if illumination is used, the sign copy shall be illuminated.
(J) 
Individual channel or reverse channel letters are encouraged for use in all retail commercial projects based upon their legibility and visual effect.
(K) 
Neon Signs. Limited use of exposed neon lighting shall be allowed as part of a wall sign in accordance with the criteria, general limitations and standards set forth in Article 12.5 of this Code.
(4) 
Comprehensive Sign Program Performance Standards. Comprehensive Sign Programs shall be subject to development review approval by the Planning Commission. Each such program shall describe the proposed type, number, size, location, design, and colors and materials for each sign within development project. A Comprehensive Sign Program shall be approved if the signs within the Program conform to the applicable standards of this article and the Planning Commission finds the Program satisfied the following requirements:
(A) 
Signs within the Sign Program are coordinated with each other so as to enhance the overall development by incorporation compatible architectural style, design, color and material.
(B) 
Signs within the Sign Program complement the architectural design, color, and material of the main building or buildings upon the site, and shall be compatible with the character of existing improvements.
(C) 
Sign copy includes minimal information and the name of the business or use is the dominant message contained therein. Pictures are not permitted nor is information such as telephone numbers or lists of products or services.
(D) 
Any illumination is internal and is at all times stationary and constant in intensity and color.
(b) 
Hanging and Projecting Signs. Hanging and projecting signs are allowed within Commercial Zones provided such signs comply with the following requirements and conditions:
(1) 
Maximum Number of Signs. A total of one hanging or one projecting sign shall be allowed for each business.
(2) 
Maximum Sign Area. Hanging signs shall not exceed five square feet in area, and projecting signs shall not exceed 15 square feet in area.
(3) 
Vertical Clearance. Hanging and projecting signs must have a minimum vertical clearance of eight feet above finished grade.
(4) 
Height. Hanging and projecting signs shall not extend above the building façade or building parapet, whichever is more restrictive, to which said sign is attached, and in no event higher than 20 feet above finished grade, or if the building has a walkway, deck, or courtyard on a second floor or higher that is open to the public, in no event higher than 20 feet above finished floor.
(5) 
Maximum Projection. Hanging or projecting signs shall not extend beyond 1/2 of the width of the adjacent pedestrian walkway or adjacent right-of-way, a maximum projection of no more than three feet beyond the building façade or parapet, whichever is more restrictive.
(c) 
Monument Signs. A monument sign, as such term is defined in Section 9-2.420 of this Code, may be constructed within the Service and Professional (C-S-P), Commercial General (C-G), Commercial Planned Development (CPD), and Commercial Transition (C-T) zones provided such sign, and the property on which the monument sign is proposed to be located, comply with the following requirements and conditions:
(1) 
Eligible Properties. No monument sign shall be permitted on any property unless that property satisfies at least one of the following criteria:
(A) 
The property is improved with, or plans have been approved for, a structure that contains at least 10,000 square feet of gross floor area, and another monument sign or pole sign does not exist on the property and another monument sign or pole sign does not exist within 200 feet of the proposed location of the monument sign, whether such other monument sign is located on or off the subject property; or
(B) 
The property already contains a nonconforming monument sign or pole sign that will be replaced with a monument sign that conforms to the provisions of this section.
(2) 
Height.
(A) 
Monument signs shall not exceed four feet in height, in addition to the height of the supporting structure, as measured from the ground surface level at the point on which the sign is to be placed to the top of the sign structure.
(B) 
The ground surface level upon which a monument sign may be placed shall not exceed three feet above the elevation of the top of the nearest street curb.
(C) 
The supporting structure of the sign above finished grade shall be no greater than one foot in height.
(3) 
Length. Monument signs shall not exceed eight feet in length.
(4) 
Area. The maximum area of a monument sign shall be 24 square feet.
(5) 
Design. The design of monument signs shall be consistent with the architectural design of the building on the property on which the sign is constructed.
(6) 
Landscaping. All monument signs shall have a landscaped area or planter located around the signs that is not less than double the square footage area of the face of the sign structure. Monument signs located within planters shall not protrude beyond such planters. Berm slopes shall not be steeper than three to one (3:1). Notwithstanding the preceding requirements of this subparagraph, a monument sign that is proposed to replace an existing nonconforming monument sign or pole sign may be placed within a landscaped area or planter that is not less than the square footage of the sign structure and may be placed on a berm with a slope not steeper than two to one (2:1), provided the height of the berm does not exceed three feet at any point within the visibility triangle as defined in subparagraph (8) below.
(7) 
Number. One monument sign shall be allowed for each property that is eligible for such sign as provided in subparagraph (1) above. A greater number of monument signs may be allowed on properties that have more than 200 lineal feet of street frontage, provided the minimum distance between each monument sign on site and those off-site is not less than 200 feet.
(8) 
Limitations on Placement Within Visibility Triangles. No monument sign, landscaping or obstruction exceeding three feet in height shall be located within areas defined herein as visibility triangles. A visibility triangle at a street intersection is defined as that area within a right corner triangle that has two equal sides of 25 feet at a signalized intersection (or 45 feet at a non-signalized or stop controlled intersection), where those two equal sides represent the extension of the curblines from the two intersecting streets and the hypotenuse of the triangle (the longer side) crosses the corner of an applicant's property. At each driveway entrance to a property, there are visibility triangles on each side of the driveway entrance. A visibility triangle at a driveway entrance is defined as that area within a right corner triangle that has one side 50 feet in length along the edge of the sidewalk from the intersecting point of the sidewalk and the edge of the driveway, and another side that is seven feet in length measured from the same intersecting point and running perpendicular to the street into the lot. Monument signs, shrubbery or other obstructions exceeding three feet in height from the adjacent sidewalk elevation may be located outside these visibility triangles provided they satisfy the setback requirements of paragraph (9) of this section and other requirements of this section.
(9) 
Monument Sign Setbacks. In addition to the restrictions on placement of monument signs within visibility triangles as specified in paragraph (8) of this section, and not as an exception to those restrictions, a monument sign shall conform to the following minimum setbacks:
(i) 
Eight feet from the property line or 16 feet from the street curbline, whichever is greater; or
(ii) 
With respect to a monument sign that is proposed to replace an existing nonconforming monument sign or pole sign, four feet from the property line or 12 feet from the street curbline, whichever is greater.
(10) 
Sign Copy. Monument signs shall be only used to identify the name of the retail or business center for which the monument sign is proposed. A tenant of the subject retail or business center that has a floor area that is 50,000 square feet in size or greater may also be identified on the monument sign.
(d) 
Maximum Total Sign Area. The maximum total sign area for all signs (excluding temporary signs, monument signs, and signs exempt from this article) at any business shall not exceed one square foot of area for each lineal foot of business frontage.
(e) 
Flags and Pennants. Flags or pennants shall not be maintained on the exterior of, or on top of, any building or structure or across or on any parking lot or outdoor space on property in any commercial zone, except that one flag of a government or government entity not to exceed three such flags shall be allowed for each building, structure or parking lot.
(Ord. 159, § 76.02; Ord. 216, § 1; Ord. 512, § 4; Ord. No. 529, §§ 6,7; Ord. 558, § 6; Ord. 639, § 6; Ord. 642, §§ 7—10; Ord. 657, §§ 9, 10; Ord. 12-785, §§ 18—12)

§ 9-2.1203 Exterior Signs: Industrial Zones.

Exterior signs shall be permitted in the Light Manufacturing and Industrial (M-1) Zone and the Heavy Manufacturing and Industrial (M-2) Zone subject to the following provisions:
(a) 
No more than one sign per business will be permitted.
(b) 
Wall Signs.
(1) 
Light Manufacturing and Industrial (M-1) Zone. Wall signs may be constructed or erected in the Light Manufacturing and Industrial (M-1) Zone provided such signs comply with the provisions of Subsection (a) of Section 9-2.1202 of this article.
(2) 
Heavy Manufacturing and Industrial (M-2) Zone. Wall signs may be constructed or erected in the Heavy Manufacturing and Industrial (M-2) Zone provided such signs comply with the provisions of Subsection (a) of Section 9-2.1202 of this article, and further provided that, notwithstanding the provisions of Section 9-2.1202(a)(3)(B), the maximum sign area allowed for a business in the Heavy Manufacturing and Industrial (M-2) Zone shall not exceed 1/2 square foot for each lineal foot of business frontage and no individual sign shall exceed 100 square feet in area.
(c) 
Signs shall not be placed on the roofs of buildings.
(d) 
Monument signs may be constructed or erected provided such signs comply with the provisions of Subsection (c) of Section 9-2.1202 of this article.
(Ord. 159, § 76.03; Ord. 216, § 1; Ord. 512, § 5; Ord. 529, § 8; Ord. 558, §§ 7, 8; Ord. 583, §§ 5—7; Ord. 12-785, § 13)

§ 9-2.1204 Window Signs: Commercial and Industrial Zones.

(a) 
Definition. Any sign, picture, symbol, decoration, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service or to celebrate a holiday and which is: (i) located within 12 inches of the surface of a window or upon window panes or glass; (ii) visible from the exterior of a window; (iii) located within any industrial or commercial zone of the City; and (iv) is not excluded from the definition of a sign, shall constitute a window sign.
(b) 
Limitation on Window Sign Area. Window signs shall not obstruct more than 25% of the total window area on which the window signs are located, except during the period from December 1st through January 2nd of the succeeding year and any additional two week period within a calendar year, when window signs may obstruct up to 50% of the total window area. For purposes of this section, "window area" is defined as the entire area composed of one or more individual window panes and frames that abut each other and which are not separated from other windows or frames by other surfaces of a building. For purposes of this section, the area of a window sign shall be calculated by the rectangular area that encloses the extreme limits of the writing, picture, symbol or decoration.
(c) 
Review of Window Signs Not Incorporating Exposed Neon Lighting. Window signs not incorporating exposed neon lighting shall not require a sign permit but shall be subject to administrative review and approval by the Planning Director. The Planning Director shall not approve the placement or maintenance of any window signs not incorporating exposed neon lighting unless he or she finds that the window sign is compatible with the permanent signage for the building, is consistent with and complementary to the colors utilized for other signage for the business and does not use materials, designs or colors that are inconsistent with the character of surrounding development signage. The Planning Director may impose reasonable conditions on the approval of any window signs not incorporating exposed neon lighting.
(d) 
Merchandise Labels and Price Tags. Where merchandise is located within 12 inches of a window and directed toward the window, the price of each separate item of such merchandise that is indicated in letters or numbers exceeding one inch in height attached to or in near proximity to the displayed item shall be considered a window sign.
(e) 
Window Signs Incorporating Exposed Neon Lighting. Window signs incorporating exposed neon lighting shall not require a sign permit but shall be subject to administrative review and approval by the Planning Director, and shall comply with the following standards, the other standards set forth in this section, and the general limitations and standards for exposed neon lighting contained in Article 12.5 of this Code:
(1) 
For purposes of this subsection, a window sign includes any sign that incorporates exposed neon lighting and is located within five feet of the surface of a window.
(2) 
A window sign that incorporates exposed neon lighting shall not occupy more than 25% of the window area, or shall not be larger than four square feet in total sign area (including any exposed neon perimeter line around the sign), whichever is more restrictive.
(3) 
A window sign that incorporates exposed neon lighting shall only be allowed for a business suite having at least 30 linear feet of business frontage and shall not exceed one such sign per business suite. If the business suite is located on a corner and has two business frontages, with each frontage of at least 30 linear feet, one such sign may be allowed for each frontage of the business suite.
(4) 
If a window sign that incorporates exposed neon lighting is allowed, no other window signs shall be allowed along that storefront façade of the business suite and no other form of exposed neon lighting (i.e., a neon wall sign or a neon architectural accent) shall be allowed for the business suite. However, a business suite exceeding 200 linear feet of business frontage may utilize a neon window sign as well as one other form of exposed neon lighting (i.e., a neon wall sign or a neon architectural accent).
(5) 
Whenever there is a conflict between the standards contained in this paragraph, the provisions contained in other paragraphs of this section, and the provisions of Article 12.5, the most restrictive of the standards shall control.
(f) 
Appeal of Planning Director's Decision. Any decision of the Planning Director may be appealed to the Planning Commission within five days after receipt of written notice of the Planning Director's decision. Upon receiving a notice of appeal, the Planning Commission may affirm the decision of the Planning Director, refer the matter back to the Planning Director with directions or set the matter before itself. Any decision of the Planning Commission may be appealed to the City Council pursuant to the requirements of Section 9-2.1901.
(Ord. 512, § 6; Ord. 639, § 6; Ord. 657, §§ 11—14)

§ 9-2.1205 Exterior Signs: Residential Zones.

Exterior signs shall be permitted within all residential zones subject to the following provisions:
(a) 
Properties Used Primarily for Single-Family Residential Use (in Any Zone). Only temporary signs and accessory signs as these terms are defined by this chapter, and any additional sign required or authorized pursuant to this Code, are allowed on any property primarily used for single-family residential use subject to the limitations, restrictions, and provisions of this chapter or other applicable law.
(1) 
No sign that identifies a home occupation or that otherwise promotes, announces, or calls attention to the use of the site for a home occupation shall be allowed.
(b) 
Properties Located in Multiple Residential (M-R) Zone and Properties in the R-1 Zone Upon Which a Conditionally Permitted Nonresidential Use is Being Conducted. Only monument signs, minor wall signs, temporary signs, and accessory signs as these terms are defined by this chapter are allowed in the Multiple Residential (M-R) Zone and on properties in the R-1 Zone upon which a conditionally permitted nonresidential use is being lawfully conducted subject to the limitations, restrictions, and provisions of this chapter.
(1) 
In addition to any other limitations and restrictions pursuant to this chapter, a total of only one monument sign or one wall sign will be allowed on any property located in the Multiple Residential (M-R) Zone.
(2) 
No sign that identifies a home occupation or that otherwise promotes, announces, or calls attention to the use of the site for a home occupation shall be allowed.
(c) 
Monument Signs in Multiple Residential (M-R) Zone and on Properties in R-1 Zone Upon Which a Conditionally Permitted Nonresidential Use is Being Lawfully Conducted. A monument sign, as such term is defined in this chapter, may be erected, displayed, and maintained within the Multiple Residential (M-R) Zone and on properties in the R-1 Zone upon which a conditionally permitted nonresidential use is being lawfully conducted subject to the following limitations, restrictions, and provisions:
(1) 
Number. Only one monument sign shall be allowed for each property that is eligible for such sign.
(2) 
Height. Monument signs shall not exceed four feet in height, inclusive of the height of the supporting structure, as measured from the ground surface level at the point on which the sign is to be placed to the top of the sign structure.
(i) 
The ground surface level upon which a monument sign may be placed shall not exceed three feet above the elevation of the top of the nearest street curb.
(3) 
Length. Monument signs shall not exceed eight feet in length.
(4) 
Area. The maximum area of a monument sign, excluding the supporting structure, shall be 24 square feet.
(5) 
Design. The design of the monument sign shall be consistent with the architectural design of the development on the property on which the monument sign is to be erected, and shall be subject to review by the Planning Director.
(6) 
Sign Copy. Monument signs shall be only used to identify the name and address of the development on the property for which the monument sign is to be erected, except as otherwise authorized pursuant to the provisions of this Code.
(7) 
Limitations on Placement Within Visibility Triangles. No monument sign exceeding three feet in height shall be located within areas defined herein as visibility triangles. A visibility triangle at a street intersection is defined as that area within a right corner triangle that has two equal sides of 25 feet at a signalized intersection (or 45 feet at a non-signalized or stop controlled intersection), where those two equal sides represent the extension of the curblines from the two intersecting streets and the hypotenuse of the triangle (the longer side) crosses the corner of an applicant's property. At each driveway entrance to a property, there are visibility triangles on each side of the driveway entrance. A visibility triangle at a driveway entrance is defined as that area within a right corner triangle that has one side 50 feet in length along the edge of the sidewalk from the intersecting point of the sidewalk and the edge of the driveway, and another side that is seven feet in length measured from the same intersecting point and running perpendicular to the street into the lot. Monument signs exceeding three feet in height may be located outside these visibility triangles provided they satisfy the setback requirements of Subsection (c)(8) of this section and other requirements of this section.
(8) 
Monument Sign Setbacks. In addition to the restrictions on placement of monument signs within visibility triangles as specified in Subsection (c)(7) of this section, and not as an exception to those restrictions, a monument sign shall not be erected, displayed, or maintained within eight feet from the property line or 16 feet from the street curbline, whichever is greater.
(d) 
Minor Wall Signs in Multiple Residential (M-R) Zone and on Properties in R-1 Zone Upon Which a Conditionally Permitted Nonresidential Use is Being Lawfully Conducted. A wall sign, as such term is defined in this chapter, may be erected, displayed, and maintained within the Multiple Residential (M-R) Zone and on properties in the R-1 Zone upon which a conditionally permitted nonresidential use is being lawfully conducted subject to the limitations, restrictions, and provisions of Subsections (a)(1) and (a)(3) of Section 9-2.1202 of this article.
(e) 
Amortization. Signs (other than monument signs and wall signs) which were lawfully erected and lawfully maintained and became nonconforming as a result of this section shall be removed or made to conform to the provisions of this section within 180 calendar days of the effective date of the ordinance codified in this section.
(Ord. 12-785, § 15)

§ 9-2.1206 Administrative Review and Approval.

All temporary commercial signs and banners, as set forth in Subsection (a) of Section 9-2.1208, shall be subject to administrative review by the Planning Director. The Planning Director shall not approve the placement or maintenance of a temporary commercial sign or banner unless he or she finds the sign or banner to meet the criteria set forth in this article and will be located in a place and fastened in a manner that does not create a risk to pedestrians or motorists. The Planning Director may impose reasonable conditions on the approval of any temporary commercial sign or banner. Any decision of the Planning Director may be appealed to the Planning Commission within five days after receipt of written notice of the Planning Director's decision. Upon receiving a notice of appeal, the Planning Commission may affirm the decision of the Planning Director, refer the matter back to the Planning Director with directions or set the matter before itself. Any decision of the Planning Commission may be appealed to the City Council pursuant to the requirements of Section 9-2.1901.
(Ord. 512, § 9; Ord. 639, § 6)

§ 9-2.1207 Double-Faced Signs.

(a) 
Signs may be constructed with two faces, and either or both faces may be used.
(b) 
Signs constructed with two faces where the distance between one face of the sign is more than 12 inches from the second face of the sign shall not be classified as double-faced signs.
(c) 
The face area of a double-faced sign shall be designated by the larger face.
(Ord. 159, § 76.09; Ord. 512, § 7)

§ 9-2.1208 Restrictions Applicable to Temporary Signs on Private Property.

(a) 
General Restrictions Applicable to Temporary Signs in All Zones.
(1) 
No temporary sign shall be placed, erected or maintained on private property without the authorization of the private property owner or tenant.
(2) 
Except for exterior banners authorized in Subsection (b) of this section, the display period for any temporary sign installed, erected, displayed, maintained, or otherwise used at any property shall not exceed 90 calendar days.
(A) 
Except for exterior banners authorized in Subsection (b) of this section, display periods for temporary signs containing the same or similar message or advertising the same or similar subject shall be separated by a minimum of 90 calendar days.
(3) 
Except for exterior banners authorized in Subsection (b) of this section, each temporary sign shall not exceed 16 square feet in sign area per sign face and the total amount of sign area of any temporary signs on a parcel of property shall not exceed 80 square feet.
(4) 
Except for exterior banners authorized in Subsection (b) of this section, temporary signs containing the same message or advertising the same subject shall be limited to one two-sided sign per 100 feet of street frontage or parcel of land, or one two-sided sign per parcel, whichever is greater, and such signs shall be no closer than 100 feet from each other if located on the same lot or parcel of land.
(5) 
Temporary signs placed, erected or maintained in violation of this section shall be removed by the City if the temporary sign is not removed, relocated, or altered as required by this section, after providing five days' written notice requesting the violation be corrected to the owner of the sign and the property owner or tenant on whose property the sign has been posted. The notice requirements herein shall be satisfied upon a reasonable and diligent effort by the City to locate said owner of the sign, property owner and/or tenant.
(b) 
Temporary Exterior Banners on Commercial or Industrial Zoned Properties. Not more than one temporary exterior banner per business may be affixed to the exterior of any building in a commercial or industrial zone of the City provided the temporary banner, together with any other temporary sign on the property that is placed, erected or maintained pursuant to Subsection (a) of this section, does not exceed a total of one square foot in size for each one linear foot of the business' street frontage on which the sign or banner faces, and provided further that any combination of banners are not displayed at the premises in excess of a total of four, 30 day periods per calendar year, and that each display period shall be separated by a minimum of 30 calendar days.
(c) 
Public Nuisance. Violations of this section shall constitute a public nuisance.
(Ord. 159, § 76.12; Ord. 512, § 7.10; Ord. 632, § 7; Ord. 12-785, § 16)

§ 9-2.1209 Prohibition of Temporary Signs on Public Property.

(a) 
Prohibition. No person shall paint, mark, post or otherwise affix any handbill or sign to or upon any sidewalk, crosswalk, street, curb, curbstone, street lamp post, traffic signal post, traffic signal switching box, fire hydrant, tree, shrub, tree stake or guard, electric light or power pole, or wire appurtenant thereof or upon any lighting system, public bridge, street sign, traffic sign or other structure or fixture within the public right-of-way. The use of human beings or animals, live or simulated, as signs is also prohibited.
(b) 
Removal.
(1) 
Any handbill or sign found posted or otherwise affixed upon any public or utility property contrary to the provisions of this section may be removed by any company, utility, organization, or individual owning or responsible for maintaining that property, the Sheriff's Department or the City. The person responsible for any such illegal posting shall be liable for the cost incurred in the removal thereof, and the City Manager is authorized to effect the collection of said cost incurred by the City of Artesia.
(2) 
The City Manager shall determine the verifiable costs to the City incurred in removing handbills and signs pursuant to this section. Such costs shall include, but not be limited to, direct labor, material and equipment costs, as well as departmental and general City overhead costs attributable to the removal of signs. Prior to the beginning of each fiscal year, the City may adopt a schedule of charges which persons responsible for the illegal posting of handbills and signs are required to pay pursuant to this subsection, based on those costs.
(3) 
Persons billed for the costs of removing handbills or signs may appeal such cost assessments to the City Council in accordance with rules adopted by the City Council.
(c) 
For purposes of this section, there shall be a rebuttable presumption that: (i) the real estate agent, broker, brokerage firm or other person whose name or telephone number appears on the handbill or sign is the person responsible for posting a handbill or sign advertising property for sale, lease or rent; (ii) the candidate seeking office is the person responsible for posting a handbill or sign promoting the candidate for public office; (iii) the owner, or lessee if the property is leased, of property used for a yard or garage sale is the person responsible for posting a handbill or sign advertising a yard or garage sale; (iv) the owner, or lessee if the property is leased, of property used for a commercial activity or event is the person responsible for posting a handbill or sign advertising the subject commercial activity or event; (v) the person whose name, telephone number or address appears as the sponsor for a sporting event, concert, theatrical performance, or similar activity or event is the person responsible for posting a handbill or sign advertising the subject activity or event; and (vi) the person whose name, telephone number or address appears as the person to contact on any handbill or sign posted is the person responsible for posting the same.
(d) 
Exceptions.
(1) 
Nothing in this section shall apply to the painting of house or street address numbers upon curbs done under permits issued by the City.
(2) 
Nothing in this section shall prohibit the installation of signs on or between street lighting posts provided the sign is a part of a program sponsored by the City and such signs and locations are approved by the City.
(3) 
Nothing in this section shall prohibit the posting of signs authorized pursuant to other provisions of this Code.
(Ord. 159, § 76.13; Ord. 512, § 7; Ord. 632, § 8; Ord. 12-785, § 17)

§ 9-2.1210 Temporary Signs: Location.

Permitted temporary signs may be placed within any required yard provided such temporary signs are located not nearer to any property line than 1/2 the distance required for a main building in the zone, but in no event not nearer than five feet to any property line.
(Ord. 159, § 76.08; Ord. 512, § 7)

§ 9-2.1211 Illuminated and Moving Signs.

Illuminated signs shall be located and the light sources shielded in such a manner as will prevent glare and annoyance to the public. In no case shall any sign have blinking or flashing lights or other illuminating devices which have a changing light intensity, brightness, or color. No sign shall move, revolve, or simulate movement in any manner. Electrical service provided for signs and/or other advertising shall be installed and located underground. The lighting devices shall be completely concealed from exterior exposure, except for neon lighting for signs as approved pursuant to Articles 12 or 12.5 of this chapter.
(Ord. 159, § 76.10; Ord. 216, § 1; Ord. 512, § 7; Ord. 657, § 15)

§ 9-2.1212 Advertising Displays Adjacent to Freeways.

Notwithstanding any provision of this article to the contrary, no advertising display shall be placed or maintained on property within 500 feet of a freeway right-of-way line except as follows:
(a) 
To advertise the sale or lease of the property on which such advertising is placed;
(b) 
To designate the name of the owner or occupant of the premises upon which such advertising display is placed or to identify such premises; and
(c) 
To advertise the business conducted, goods manufactured or produced, or services rendered upon the property and upon which such advertising display is placed.
The provisions of this article and the Business and Professions Code of the State applicable thereto shall be complied with.
(Ord. 159 § 76.06; Ord. 512, § 7; Ord. 529, § 9; Ord. 558, § 8)

§ 9-2.1213 Measurement.

The area of any sign shall be determined as that enclosed by a line delineating the shortest exterior perimeter of such sign. Signs placed in such a manner, or bearing a text, so as to require dependence upon more than one sign to convey the meaning or intent shall be considered one sign for the purposes of measurement.
(Ord. 159, § 76.11; Ord. 512, § 7)

§ 9-2.1214 Safety.

No sign or advertising structure shall be permitted which endangers the safety of any person or vehicle.
(Ord. 159, § 76.05; Ord. 512, § 7)

§ 9-2.1215 Maintenance.

All signs and advertising structures shall be maintained in a neat and orderly condition.
(Ord. 159, § 76.07; Ord. 512, § 7)

§ 9-2.1216 Civic, Fraternal, and Religious Announcement Signs and Bulletin Boards.

The following signs shall be subject to review and approval by the Commission:
(a) 
Signs erected in or near the City which contain the name of the City and the names of, or any other information regarding, civic, fraternal, or religious organizations located in the City; and
(b) 
Bulletin Boards. Only one bulletin board shall be permitted on each lot or parcel of land subject to the following conditions:
(1) 
Such bulletin boards shall be located only on premises developed for publicly-owned, charitable, or religious institutions.
(2) 
Such bulletin boards shall be architecturally related to the structures to which they are appurtenant.
(3) 
Such bulletin boards shall not be more than 20 square feet in area.
(4) 
Any illumination of such bulletin boards shall be achieved only through the use of nonflashing indirect or internal lighting.
(Ord. 159, § 76.14; Ord. 512, § 7)

§ 9-2.1217 (Reserved) [1]

[1]
Editor's Note: Former Section 9-2.1217, Temporary Outdoor Lighting Regulated in Commercial and Industrial Zones, previously codified herein and containing portions of Ordinance 633, was relocated to Section 9-2.1251 by Ord. No. 657.

§ 9-2.1218 Exceptions.

The provisions of this chapter regulating signs shall not apply to the following signs, except as otherwise set forth in this article:
(a) 
Official notices issued by any court, public body, or public officer;
(b) 
Notices posted by any public officer in the performance of a public duty or for any person in giving legal notice;
(c) 
Traffic, directional, warning, and information signs and advertising structures required or authorized by the public authority having jurisdiction;
(d) 
Official signs used for emergency purposes only; and
(e) 
Permanent memorial and historical signs, plaques, and markers.
(Ord. 159, § 76.15; Ord. 512, § 7; Ord. 633, § 6)

§ 9-2.1219 Mobile Billboard Advertising Displays.

(a) 
Prohibition. It is unlawful for any person to cause, permit, allow, or suffer the parking of a motorized and/or non-motorized mobile billboard advertising display, or to cause, permit, allow, or suffer a motorized and/or non-motorized mobile billboard advertising display to be left standing on any public street, highway, sidewalk, public right-of-way, or public lands in the City of Artesia.
(b) 
Removal. Pursuant to Section 22651(v) and (w) of the California Vehicle Code and sections amendatory or supplementary thereto, any peace officer, or any regularly employed and salaried employee of the City, who is engaged in directing traffic or enforcing parking laws and regulations in which the mobile billboard advertising display is located may remove the motorized and/or non-motorized mobile billboard advertising display located within the territorial limits of the City when the motorized and/or nonmotorized mobile billboard advertising display is found upon any public street or any public lands, if the City has posted signs in accordance with California Vehicle Section 22507(a), giving notice that it is unlawful to park, stand or otherwise allow to remain on any street, any mobile billboard advertising display, or, in the alternative, if all of the following requirements are satisfied:
(1) 
When a vehicle, device, or bicycle is a motorized or non-motorized mobile billboard advertising display and is parked or left standing in violation of this code, if the registered owner of the vehicle was previously issued a warning notice for the same offense;
(2) 
A warning notice was issued to a first-time offender at least 24 hours prior to the removal of the vehicle. The City is not required pursuant to Section 22651(v)(2) and (w)(2) of the California Vehicle Code and sections amendatory or supplementary thereto to provide further notice for a subsequent violation prior to enforcement; and
(3) 
The warning notice advised the registered owner of the vehicle that he or she may be subject to penalties upon a subsequent violation of this chapter that may include the removal of the vehicle.
(c) 
Post-Storage Impound Hearing. Section 22852 of the California Vehicle Code applies to this chapter with respect to the removal of any motorized and/or non-motorized mobile billboard advertising display that is parked or left standing on a public street, highway, sidewalk or public right-of-way. Section 22852 is incorporated by reference as if set forth in full herein and provides, in summary, that whenever an authorized member of a public agency directs the storage of a vehicle, the City shall direct the storage operator to provide the vehicle's registered and legal owner(s) of record, or their agent(s), with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within 48 hours, excluding weekends, as specifically provided for under Section 22852 of the California Vehicle Code. To receive a post-storage hearing, the owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone within 10 days of the date appearing on the notice. The City may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle.
(Ord. 12-785, § 18)

§ 9-2.1220 Penalty.

(a) 
Notwithstanding any other provision of the municipal code to the contrary, any person who causes, permits, allows, maintains, or suffers a violation of any provision of this chapter, or who fails to comply with any requirement of this chapter, is guilty of a misdemeanor offense punishable in accordance with Chapter 2 of Title 1 of this Code.
(b) 
Any person who causes, permits, allows, maintains, or suffers a violation of any provision of this chapter, or who fails to comply with any requirement of this chapter, shall alternatively be subject to an administrative penalty/fine in accordance with the provisions of Chapter 7 of Title 1 of this Code.
(Ord. 12-785, § 19)

§ 9-2.1221 Applicability of Other Laws.

This article does not exclusively regulate the conditions and use of property within the City. This article shall supplement other provisions of this Code and other statutes, ordinances or regulations now existing or subsequently enacted by the City, the State or any other entity or agency having jurisdiction.
(Ord. 12-785, § 20)