The purpose of this chapter is to create the legal framework for a comprehensive and balanced system of signage, and to provide regulations and standards for signs in the city as necessary to promote the general welfare and public interests of the community, including consideration of public safety, consistency with the local coastal plan and general plan, aesthetic compatibility, economic vitality and the prevention of false representations.

(Ord. 505 § 2 (part), 1999)

The following definitions shall apply to this chapter:

1.

"Abandoned sign" means a sign which was legally erected, but whose use has ceased, or the structure upon which a sign is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of ninety days or more.

2.

"Animated sign" means any sign with real or simulated motion, whether by flashing lights, rotation, sequencing of images or movement of any parts of the sign.

3.

"Attached sign" means a sign which is attached to a building, wall or prominent architectural feature.

4.

Awning Sign. See definition for canopy sign.

5.

"Banner" means a bunting or other flexible sign typically supported at two or more points or hung on a building. Banners permitted by the city to announce events of community interest are regulated through Section 12.08.060.

6.

"Canopy sign" means any sign on an awning over a window or door. These signs shall be considered as projecting signs for purposes of this chapter.

7.

"Directional sign" means any sign designated solely to provide direction or guidance to pedestrian or vehicular traffic.

8.

"Directory sign" means any sign identifying the names and/or uses of various businesses or activities within a building or multitenant development.

9.

"Freestanding sign" means a sign which is supported by one or more uprights or braces on the ground, and is not attached to a building.

10.

"Frontage" means the street or alley frontage of a parcel or property. Parcels adjacent to U.S. Highway 101 shall be considered to have additional frontages, pursuant to Section 14.58.070.

11.

"Grand opening" means that period of time commencing at the issuance of a business license or the final building permit approval, whichever is more limiting, not to exceed thirty days thereafter.

12.

"Ground sign" means a freestanding sign sitting directly on the ground or near ground level on a solid pedestal, and located in a landscaped area equal to two or more times the square footage of the sign.

13.

"Mobile sign" means any sign placed on a vehicle or other mode of transportation in such a way that the vehicle could not be safely driven with the sign in place.

14.

"Monument sign" means a ground sign.

15.

"Mural" means a picture or decoration which is painted on or otherwise applied directly to an external wall and is visible from public view, not containing commercial messages of any kind.

16.

"Nonconforming sign" means a sign that was lawfully in existence prior to the time of adoption of this chapter, which does not now comply with these regulations.

17.

"Off-premises sign" means any sign carrying advertising, information, or other printed material relating to a use or business located on a different legal parcel.

18.

"Pole sign" means any sign mounted on one or more supports so that the bottom of the sign is higher than six feet above grade.

19.

"Portable sign" means any sign designed or constructed in such a manner that is can be moved or relocated without involving any structural or support changes including but not limited to sidewalk signs or sandwich board signs.

20.

"Price sign for lodging" means any sign used by the operators and/or owners of hotels, motels, motor courts, bed and breakfast inns and like establishments providing accommodations to travelers advertising rates for accommodations in such establishments. Price signs for lodging shall be subject to all the provisions of this chapter and the sign guidelines and policies.

21.

"Projecting sign" means any sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicular to the building wall.

22.

"Real estate sign" means any sign advertising the sale, rental or lease of the premises upon which the sign is displayed.

23.

"Sandwich board sign" means a portable sign.

24.

"Sign" means any device and all parts thereof and any applied or projected image which is used:

a.

To advertise enterprises, products, goods, services or otherwise promote the sale of objects or identify objects for sale;

b.

To identify, to direct or to inform persons concerning enterprises, areas, entities or services of a commercial nature;

c.

To attract attention to the premises of a particular commercial enterprise or entity.

25.

"Street frontage" means any portion of a private property that abuts a public street or right-of-way.

26.

"Wall sign" means a sign that is attached to a building wall or a significant structure feature that is an integral part of the building.

27.

"Window sign" means a signage on or inside windows that are visible from public view.

(Ord. 505 § 2 (part), 1999)

The following types of signs do not require a permit:

1.

Traffic-Direction Signs. All traffic and directional signs as placed by the city or state except for "No Trespassing," "No Parking" or "Tow Away" and similar signs which would reduce or restrict public access to or public parking near the shoreline and along the coast.

2.

"Open," "Closed," "For Rent," "Vacancy," "No Vacancy" and similar signs. One sign of not more than six square feet per legal parcel, located on private property.

3.

Incidental and Political Campaign Signs. Incidental signage indicating, for example, "Open House" and "Garage Sale," or other temporary occasion(s), not exceeding six square feet, shall be permitted on private property with the owner or tenant's permission, but shall be removed not later than twenty-four hours following the event. Similarly, political campaign signs shall be permitted on private property with the owner or tenant's permission for a reasonable time preceding an election, but shall be removed not later than ten days following the election. No incidental or political campaign signs shall be placed in any street, right-of-way or on any utility pole or directional or public signpost, whether on public or private property;

4.

Real Estate and Construction Signs. Signs for real estate sales purposes, or signs denoting the architect, engineer or contractor, when placed upon the property for sale or work under construction, and not collectively exceeding sixteen square feet in area;

5.

Window Signs. Signs placed inside the window of a business, or painted on the window glass, not to exceed six square feet total, not to exceed two such signs at any one time;

6.

Signs required by federal, state or city statute, at the minimum size required thereby;

7.

Temporary balloon displays;

8.

Banners not exceeding thirty square feet, five days (or portions thereof) per calendar month;

9.

Repainting of signs without a design change, replacement of damaged panels with identical panels, changing messages on an approved marquee or changeable copy sign, or cleaning of a sign, provided that no structural change is made in the sign.

(Ord. 556 § 1 (part), 1999; Ord. 505 § 2 (part), 1999)

All signs, graphics, murals and the like, with the exception of those listed in Section 14.58.030, whether permanent or temporary, must be permitted in accordance with the requirements of this chapter. All signs indicating a "Private Beach" and or "No Trespassing" which would reduce or restrict public access to or public parking near the shoreline and along the coast shall require a permit.

(Ord. 556 § 1 (part), 1999: Ord. 505 § 2 (part), 1999)

The following signs shall be prohibited throughout the city:

1.

Animated signs;

2.

Open and/or unshielded light bulb signs;

3.

Roof signs, or any signs extending above the primary roof line or roof eve, unless no other location exists on the site for proper identification;

4.

Off-premises signs;

5.

Pole signs;

6.

Mobile signs;

7.

Tethered inflatable advertising.

(Ord. 505 § 2 (part), 1999)

1.

Any applicant seeking approval for a sign shall submit the following information to the community development department. Upon submittal of a completed application, the community development department shall forward the following sign types to the architectural review board for review: (a) new planned sign programs; (b) signs proposed as an integral part of the development plan; (c) signs requiring a modification from the standard regulations of this chapter; (d) signs on a freeway frontage; and (e) department for such review. All other signs shall be reviewed by the community development department.

2.

For all signs, the following information shall be required:

(a)

Site plan drawn to scale, showing existing buildings, dimensions, property lines, streets, sidewalks, driveways, landscaping areas, and location of existing and proposed signs;

(b)

Scale drawings of proposed sign(s) indicating dimensions, lettering style, colors, materials, construction details, and electrical specifications;

(c)

For wall-mounted and hanging sign(s), scaled elevation drawings of the full face(s) of the building showing size and locations of proposed and existing signs;

(d)

Authorization signed by the property owner;

(e)

Fee as established by resolution of the city council;

(f)

Photograph(s) of the building or site;

(g)

Color samples and material samples, if applicable.

(Ord. 505 § 2 (part), 1999)

1.

Signs shall be located on the same property as the permitted use.

2.

Price signs for lodging posted outside any hotel, motel, motor court, bed and breakfast inn and like establishment must indicate the range of rates charged, including the highest and lowest rates currently in effect.

3.

Sign Placement.

a.

Wall signs shall be placed so that the sign shall be no higher than the junction of the wall and roof.

b.

Projecting and canopy signs shall provide a minimum of eight feet of clearance between the ground and the bottom of the sign, and shall not extend above the juncture of the wall and roof.

c.

All signs must be set back so as not to obstruct the visibility for ingress and ingress from a public right-of-way or endanger pedestrians, motorists, or the public.

4.

Freeway Frontage. Parcel frontages that can be clearly viewed from U.S. Highway 101 shall also be considered a street frontage. Parcels with freeway frontage which also fall under the requirements of a planned sign program must have freeway signs reviewed as part of the sign program.

a.

Permitted Sign Types on Freeway Frontage. The following signs shall be permitted on freeway frontage:

(1)

Monument Signs. One such sign per freeway frontage, except that monument signs may be prohibited where, because of the location or configuration of parcels, monument signs would create negative aesthetic impacts or conditions hazardous to pedestrians, motorists, or the public. Overall height measured from the average finished grade to the top of the enclosure shall not exceed twenty feet, not to exceed one hundred square feet per sign face. Maximum of two sign faces per sign;

(2)

Wall Signs. One square foot per linear foot of freeway frontage, not to exceed one hundred square feet total.

5.

Banners. A business or use may utilize promotional materials such as banners, flags and the like to advertise a special sale, new service or goods sold, grand opening, and the like beyond the five days or portions thereof per month, under the following guidelines: Upon issuance of a banner permit, one banner at a time, no larger than thirty square feet, no banner kept in place for longer than thirty consecutive days, no more than four thirty-day periods per calendar year. The intent of this section is to allow advertisement of special or temporary circumstances, not to advertise a daily service or goods sold. The community development director may deny temporary sign permits if it is determined that the purpose of the banner or other promotional material is to advertise something other than a temporary event.

6.

Portable Signs. Portable signs may be permitted in the following manner only: One such sign per business, located on premises, not exceeding six square feet per sign face.

(Ord. 505 § 2 (part), 1999)

The total aggregate area of all signs per frontage permitted for a single use shall not exceed one square foot of a sign area for each linear foot of street frontage, not to exceed eighty square feet for all signs on any frontage.

(Ord. 505 § 2 (part), 1999)

All signs located in the commercial planned development (CPD) zone that relate to multitenant uses and industrial research park (M-RP) zone must comply with the regulations contained in the planned sign program as provided in Section 14.58.100.

(Ord. 505 § 2 (part), 1999)

The purpose of the planned sign program is to ensure comprehensively designed signage for certain commercial and industrial uses, and to provide for additional review by the architectural review board.

1.

The following must be reviewed under a planned sign program:

a.

Three or more (multitenant) uses which share either the same lot or the same building and which use common access and parking facilities.

2.

The following signs are allowed in a planned sign program:

a.

Ground (monument) signs, not to exceed eighty square feet or eight feet in height, located in a landscaped area twice or more than the square footage of the sign. Ground signs for multitenant uses may not list individual tenants, only the name of the center or complex;

b.

Directory signs not exceeding an area of two square feet for each business;

c.

Projecting signs;

d.

Wall signs not exceeding eighty square feet;

e.

Freeways signs as specified in Section 14.58.070(4);

f.

Any other sign types approved by the architectural review board.

3.

Standards. All planned sign program applications shall be subject to the architectural review board standards.

(Ord. 505 § 2 (part), 1999)

A sign application may include a request for modification from the regulations set forth in this chapter.

1.

Modifications. The architectural review board or community development department may consider modifications to the requirements of this chapter if it determines that such modification is necessary in accommodating the objectives of the sign design standards, and if at least one of the following findings is made:

a.

Modification is required to render the sign more compatible with the color, material, shape, scale and style of its surroundings;

b.

Modification is required because the architectural features of a building or structure restrict signage placement and identification;

c.

Modification is required because the unique location of a business or use restricts signage placement and identification;

d.

Modification is required to preserve a significant environmental, architectural, neighborhood thematic or historical element;

e.

Negative aesthetic impacts as determined by the architectural review board or community development department are insignificant or outweighed by the public interest.

2.

Appeals. Decisions of the architectural review board or community development department director may be appealed to the planning commission. Decisions of the planning commission may be appealed to the city council pursuant to Chapter 14.78.

(Ord. 505 § 2 (part), 1999)

1.

Uncompensated Removal. The inventory of nonconforming and illegal signs which was commenced by the city in May, 1988 shall be expanded to include signs which are deemed illegal or nonconforming pursuant to this chapter. The city may elect to require the removal, without compensation, or any on-premises sign which meets any of the following criteria:

a.

Any sign erected without first complying with all city ordinances and regulations in effect at the time of its construction and erection or use;

b.

Any sign which was lawfully erected anywhere in the city, but whose use has ceased or the structure upon which the sign was erected has been abandoned by its owner, for a period of not less than ninety days;

c.

Any sign which has been more than fifty percent destroyed, and the destruction of which is other than facial copy replacement, and the sign cannot be repaired within thirty days of the planned date of its destruction;

d.

Any sign whose owner, outside of a change of copy, requests permission to remodel and remodels the sign, or expands or enlarges the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement or remodeling, or the cost of construction, enlargement or remodeling of the sign exceeds fifty percent of the cost of reconstruction of the building;

e.

Any nonconforming sign which is relocated;

f.

Any sign for which there has been an agreement between the sign owner and the city for its removal as of any given date;

g.

Any unpermitted temporary sign;

h.

Any sign which is or may become a danger to the public or is unsafe;

i.

Any sign which constitutes a traffic hazard not created by relocation of streets or highways or by acts of any governmental entity;

j.

Any sign which is not maintained in good repair as determined by the community development director, ninety days after the sign owner is provided with written notice and direction to complete repairs.

2.

Compensated Removal. If the city elects to require the removal of any on-premises sign other than a sign meeting any of the criteria in Subsection (1) of this section, it shall pay fair and just compensation. For the purposes of this chapter, fair and just compensation shall be presumed to be paid upon the payment of the fair market value of the sign as of the date written notice is given to the owner requiring that the sign be removed or brought into conformity. Fair market value shall consist of the actual cost of removal of the sign, the actual cost to repair any damage caused to the real property or improvements thereon as a result of the removal of the sign, and either the actual cost to duplicate the sign or to replace it with a sign conforming with the provisions of this chapter.

(Ord. 505 § 2 (part), 1999)

1.

The city council may declare, by resolution, as public nuisances, and abate, all illegal on-premises signs located within the city. The resolution shall describe the property on which the nuisance exists by giving its lot and block number according to the city assessment map and its street address, if known. Any number of parcels of private property may be included in one resolution. Not less than ten days prior to adoption of the resolution by the city council, the city clerk shall send written notice of public hearing to all persons owning property described in the proposed resolution. Additionally, the city manager shall cause notices to be conspicuously posted on or in front of each described property.

2.

The notice shall be in substantially the following form:

NOTICE TO REMOVE ILLEGAL SIGN

 Notice is hereby given that on the___day of ___, 199___, the city council of the city of Carpinteria adopted a resolution declaring that an illegal sign is located upon or in front of this property which constitutes a public nuisance and must be abated by removal of the illegal sign. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the sign is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for particulars. A copy of this resolution is on file with the city clerk.

 All owners having any objection to the proposed removal of the sign are hereby notified to attend the meeting of the city council to be heard on___day of ___, 199___, at 5775 Carpinteria Avenue, Carpinteria, California 93013, when their objections will be heard and given due consideration.

Dated this ___ day of _______, 199___.

(Ord. 505 § 2 (part), 1999)

In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the city council shall direct its clerk to mail notice of the proposed abatement to all persons owning property described in the resolution. The clerk shall cause the written notice to be mailed to each person on whom the described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the city council. The notices mailed by the clerk pursuant to this section shall be substantially in the form provided by Section 14.58.130 and shall be posted at least ten days prior to the time for hearing objections by the city council.

(Ord. 505 § 2 (part), 1999)

1.

At the time stated in the notices, the city council shall hear and consider all objections to the proposed removal. By motion or resolution at the conclusion of the hearing, the city council shall allow or overrule any objections. At that time, the city council acquires jurisdiction to proceed and perform the work of removal.

2.

The decision of the city council is final. If objections have not been made or after the city council has disposed of those made, it shall order the city manager to abate the nuisance by having the signs removed. The order shall be made by motion or resolution.

(Ord. 505 § 2 (part), 1999)

Upon issuance of the abatement order, the city manager or his designee may enter private property to abate the nuisance. Any property owner may remove an illegal on-premises sign at the owner's expense prior to the enforcement officer's arrival. Nonetheless, in any case in which an order to abate is issued, the city council, by motion or resolution, may further order that a special assessment and lien shall be limited to the costs incurred by the city in enforcing abatement upon the property, including staff time for investigation, boundary determination, measurement, clerical and other related costs, including fees and costs of the city attorney.

(Ord. 505 § 2 (part), 1999)

1.

The cost of abatement of or upon each parcel of property, and the costs incurred by the city in enforcing abatement upon the parcels, including staff time for investigation, boundary determination, measurement, clerical and other related costs including fees and costs of the city attorney shall be recovered in accordance with this chapter and Section 1.08.071, and shall constitute a special assessment against that parcel. After the assessment is made and confirmed, a lien will be attached to the parcel upon recordation of the order confirming the assessment in the office of the county recorder. However, if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the assessment would become delinquent, the lien which would otherwise be imposed by this section shall not attach to the real property and the costs of enforcing abatement, as confirmed, relating to the property shall be transferred to the unsecured roll for collection.

2.

After confirmation of the report, a copy shall be given to the county tax assessor and the tax collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.

3.

The county assessor shall enter each assessment on the county tax roll opposite the parcel of land.

4.

The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes.

5.

The legislative body may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, assessments of fifty dollars or more may be made in annual installments, not to exceed five, and collected one installment at a time at the time and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the city council, but not to exceed six percent per annum.

6.

Laws relating to the levy, collection and enforcement of county taxes shall apply to these special assessments.

7.

The lien of the assessment has the priority of the taxes with which it is collected.

(Ord. 505 § 2 (part), 1999)

The city manager may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until ten days before a copy is given to the assessor and tax collector or, where a certified copy is filed with the county auditor, until August 6th following the confirmation of the report.

(Ord. 505 § 2 (part), 1999)

The city council may order a refund of all or part of an assessment pursuant to this chapter if it finds that all or part of the assessment has been erroneously levied. An assessment, or part hereof, shall not be refunded unless a claim is filed with the city clerk on or before November 1st, after the assessment became due and payable. The claim shall be verified by the person who paid the assessment or by the person's guardian, conservator, executor or administrator.

(Ord. 505 § 2 (part), 1999)

If the city council finds that property damage was caused by the negligence of a city officer or employee in connection with the abatement of a nuisance pursuant to this chapter a claim for those damages may be paid from the city's general fund.

(Ord. 505 § 2 (part), 1999)

The proceedings provided for abatement of illegal signs by this chapter may be utilized separate from, as an alternative to, or in conjunction with any other procedure established by ordinance or otherwise provided by law.

(Ord. 505 § 2 (part), 1999)

The following standards shall be followed for the construction of a sign:

1.

Compliance. All signs shall comply with applicable provisions of the Uniform Building Code, Uniform Sign Code and the construction standards of the city.

2.

Obstruction to Exits. No sign shall be erected which obstructs any fire escape, required exit, window or door.

3.

Obstruction to Ventilation. No sign shall interfere with any opening required for ventilation.

(Ord. 505 § 2 (part), 1999)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. 505 § 2 (part), 1999)