Danville City Zoning Code

   All land within the Town limits of the Town of Danville is subject to this article. (Ord. #91-30, §2; Ord. #95-06, §3)

   The purpose of this article is to provide minimum standards to safeguard life, health, property and the public welfare in keeping with the unique character of the Town of Danville (Town) by regulating the size, height, number, location, design, aesthetics, construction materials, construction details, illumination, and maintenance of all signs. The Town acknowledges the need to effectively communicate commercial, civic, public service and other messages. At the same time it realizes that the attractiveness of the community is an important factor in preserving the general welfare of its citizens. Consequently, the Town has a goal of permitting signs which are attractive in design with a complimentary blend of colors and materials and appropriately placed on the building or site so that they compliment the business and the community.

   These sign regulations are established to:

   a.   Promote and maintain economically viable commercial enterprises.

   b.   Provide effective communication to identify business activities and the nature of goods and services available.

   c.   Attract and direct persons to various destinations.

   d.   Protect property values by prohibiting signs that are incompatible with the purpose of this article.

   e.   Reduce hazards to motorists and pedestrians.

   f.   Prevent excessive and confusing signs.

   g.   Enhance the aesthetic and economic value of the entire community by providing a reasonable and comprehensive system of sign control within the general planning program and zoning provisions.

   Exceptions to the sign standards herein are available through subsection 32-98.7 procedures, providing that the underlying intent of the proposal is in keeping with community goals and policies and the intent of this article. (Ord. #91-30, §2; Ord, #95-06, §3)

   In this article, unless the context otherwise requires, the following definitions shall apply:

   a.   A-frame sign means a portable freestanding sign capable of standing without support or attachment.

   b.   Abandoned sign means a sign located on property which becomes vacant or unoccupied for three (3) months or more or which is obsolete because it pertains to an occupant, service, product, activity or land use which no longer exists on the site.

   c.   Anchor tenant means a tenant of a multi-tenant center with a minimum of eight thousand (8,000) gross square feet of tenant space.

   d.   Building frontage means the elevation of the building or individual tenant space (whichever is applicable) where there is public entrance and which faces either a public street or other public open place, such as a parking lot or plaza.

   e.   Construction sign means a temporary on-site freestanding sign which is designed and constructed to identify a residential or commercial project while it is under construction. This sign shall not be permitted in addition to on-site commercial signs or on-site real estate sign-residential.

   f.   Dilapidated sign means a sign where elements of the panel are visibly cracked, broken, discolored and are otherwise not in harmony with the rest of the surface area, or where the support structure or frame members are visibly corroded, bent, broken, torn or dented, or where the message can no longer be read under normal viewing conditions.

   g.   Eave sign means a sign hanging from an eave parallel to the wall of the building to which it is attached. The requirements for an eave sign are the same as for a wall sign.

   h.   Fiber optic sign means a sign consisting of fiber optics encased in a tube that transmits light. Fiber optic tubing can be formed into sign letters or artistic symbolism.

   i.   Ground sign means a sign independently supported in a fixed location and not attached in any way to a building or structure.

   j.   Historic Downtown means the boundary of Historic Downtown as shown on Exhibit A and includes Areas 1, 2, 3 and a portion of 4. *

   k.   Indirect illumination means a method of sign illumination where the source of light is not integral to the sign housing itself, but is directed at the sign from a distance.

   l.   Internal illumination means a method of sign illumination where a sign houses an internal electrical system of lighting. This type of sign Includes halo-lit and individually illuminated letters. This type of illuminated sign requires approval of a master sign program. (Note: Internally illuminated signs are prohibited in the Historic Downtown—Areas 1, 2, 3 and a portion of 4 of the Downtown Business District.)

   m.   Mini-pole sign means freestanding sign with a single pole base and a projecting sign located perpendicular to the public right-of-way. (Note: These signs are encouraged in the Historic Downtown—Areas 1, 2, 3 and a portion of 4 of the Downtown Business District.)

   n.   Neighborhood identification sign means a sign placed at the entry to a subdivision identifying the name of the subdivision.

   o.   Neon sign means a type of internally illuminated sign where exposed tubing houses color forming gases for signage purposes, not including neon used to illuminate the architectural features of a building where the neon tubes are not directly visible to the public.

   p.   Nonaccessory sign means an off-site sign advertising a business, activity or promotion that is not related to the property the sign is located on.

   q.   Nonilluminated sign means a sign without internal or direct external lighting.

   r.   Off-site commercial sign means a sign intended to provide directional information to the public regarding the location of commercial businesses.

   s.   Political sign means a sign which is intended to advertise support of, or opposition to, a candidate for public office or a proposition, or a sign intended to convey a noncommercial social, or political message.

   t.   Public right-of-way means that area reserved for public street, sidewalk and utility purposes. For purposes of this section, public right-of-way shall include all improvements within the right-of-way (including, but not limited to, utility poles, traffic signals, benches, hydrants and wires) and all plants and landscaping within the right-of-way. In most cases, the public right-of-way is limited to the curb-to-curb street width plus an additional ten (10') feet on each side of the street. However, the precise width of the public right-of-way on any street should be verified with the Town's Engineering Division.

   u.   Real estate signs.

      1.   On-site real estate sign - residential means a sign which serves solely to advertise the sale, rent or lease of a single family residential property where the sign is located. The sign is usually located out of doors or in a place where it is visible from out of doors.

      2.   Off-site real estate - open house/directional sign - residential means a sign intended to provide directional information to the public regarding the open house of a residential property. The sign is movable, not structurally attached to the ground, or to a building, structure, or another sign. The sign is usually double faced (e.g., Real Estate "Open House Sign").

      3.   On-site - commercial sign means a sign (which can be double sided) that serves solely to advertise the sale, rent or lease of the commercial premises where the sign is located, including investment residential properties. The sign is usually located out of doors or in a place where it is visible from out of doors.

   v.   Roof sign means a sign which is located on a roof slope or totally above a parapet or eave. This type of sign is a prohibited sign.

   w.   Shingle/projecting sign means a sign, other than a wall sign, which is suspended from or supported by a bracket and which projects outward at a perpendicular angle from the wall to which it is attached. (Note: Often times this sign is located under a building canopy.)

   x.   Sign shall be broadly construed to include an advertisement, name, figure, character, delineation, announcement, advertising structure, device, symbol or logo and any other thing of a similar nature designed to identify a person, business, commodity or service or otherwise attract attention. A "sign" shall include outdoor advertising displays, such as a street clock, barbershop pole or similar device used to identify a particular type of business activity. A "sign" shall not include a display of merchandise which is available for sale on the premises, nor shall it include a sign maintained entirely within a building which is more than three (3') feet behind a window in the building.

   y.   Sign area. One (1) face of a double-faced sign shall be calculated for the entire area of a sign. If a sign does not have a background, the area in square feet of the smallest rectangle enclosing the total exterior surface of a sign. If the sign is framed or contains a background, the sign area shall be calculated by the entire area of the sign, including the background.

   z.   Sign height means the dimension determined by measuring the distance between the highest point of the actual sign face and the finished grade directly below it.

   aa.   Sign rider means an attachment to an existing on-site or off-site real estate sign advertising extra amenities (e.g., open house, pool, number of bedrooms, lot size, etc.).

   bb.   Sign sight triangle means a triangular area at a street corner or driveway intersection determined by the intersection of two (2) prolonged curb lines. The area of the triangle is calculated from the intersection of the prolonged curb lines, measuring twenty-five (25') feet in each direction from the corner to the hypotenuse of the triangle. The sides of the triangle shall be twenty-five (25') feet long. (Note: For a ninety (90) degree intersection, the hypotenuse is 35+/-feet.)

   cc.   Street frontage means the length of the property line which is also the right-of-way of a public street. In the case where a lot faces more than one (1) street, the longest such frontage of the lot shall be the street frontage.

   dd.   Subdivision reader boards means an off-site subdivision sign that conforms with the Town-approved Reader Board Program. These signs are temporary signs that direct the public to residential subdivisions that have lots for sale. Installation of these signs requires a sign permit.

   ee.   Temporary/promotional sign means a nonpermanent sign intended to be used for a limited period of time, (or as specified in a temporary sign permit). These types of signs include, but are not limited to, A-frame signs for special promotions or events, banners (located inside or out), window decals advertising a product, service or special promotion, decorative flags, holiday decorations or nonpermanent window signs advertising the business, a service, product, promotion, sale or event.

   ff.   Tenant frontage means the width of a tenant space defined by lease lines in which there is a public access that faces either a public street or other public open space.

   gg.   Tethered sign means a sign which is anchored by a rope, wire, chain or similar method (e.g., a large helium-filled balloon).

   hh.   Wall area. Wall area is measured by calculating the continuous uninterrupted wall area (not including windows) on the elevation where a sign is to be placed.

   ii.   Wall painted sign means a sign which is painted on the exterior wall of a building.

   jj.   Wall sign means a sign which is erected, printed, painted, incorporated into, suspended from or otherwise affixed to a wall, overhang, or covered walkway of a building or structure in an essentially flat position or with the exposed face of the sign in a location parallel to the plane of the wall.

   kk.   Window sign means a permanent sign erected on a building window or a sign located indoors and within three (3') feet of a window or building opening which is clearly visible and readable from a street or public place.

(Ord. #91-03, §2; Ord. #95-06, §3; Ord. #96-07, §2)

   The Chief of Planning shall administer and enforce this article. Each officer and employee of the Town shall assist and cooperate with the Chief of Planning in enforcement of this article. (Ord. #91-30, §2; Ord. #95-06, §3)

   No sign may be placed upon a property without the consent of the property owner. ([Ord. #91-30, §2; Ord. #95-06, §3)

   A sign permit provides Town review of signs for all businesses. The standards contained in this article are intended to be maximums. The Town may impose more strict standards than these regulations if the proposed sign is determined to exceed what is necessary for adequate identification.

   a.   A sign permit is required prior to placing a sign (including individual letter signs) in the Town, unless the sign is specifically exempted under this article.

   b.   All signs not in conformance with this article, existing upon the date of adoption of this article, are permitted to re- main in use until such time as there is a request to change the sign or application for a new sign permit for any sign related to the subject business. Use of temporary/promotional signs are ex- empt from this section. Sign permits for new signs may be conditioned upon removal of existing signs made illegal by this article.

      Any alteration or change of face to an existing sign is subject to the provisions of this article. The owner, or his assigned agent, shall obtain a sign permit before making such alterations to an existing sign. However, no permit is required for repainting a sign the same color, cleaning or other normal maintenance or repair of a sign, as long as the sign is not structurally modified in any manner. A change of face for a tenant of a multi-tenant sign is permitted without requiring the entire sign to conform with this article, if the face change is less than fifty-one (51%) percent of the total sign area. If the face change for a multi-tenant sign is greater than fifty-one (51%) percent of the total sign area, then the sign shall be subject to subsection 32-98.32 and shall be amortized over a period of six (6) months.

   c.   Signs in existence on the date of adoption of this article which have been granted an exception by the Town of Danville, may change a sign face providing that the factors justifying the original exception still pertain.

   d.   Prior to installation, a building permit shall be required for all signs attached to a structure or anchored to the ground.

(Ord. #91-30, §2; Ord. #95-06, §3)

   Upon application, the Design Review Board or Chief of Planning may grant an exception to a regulation in this article, or at the discretion of the Chief of Planning, the application may be referred to the Planning Commission. An exception may be granted when the following conditions are found to be present:

   a.   The proposed exception conforms as closely as practicable to the regulations pertaining to sign size, number, and location; and

   b.   The proposed exception is not inconsistent with the intent and purpose of the sign regulations; and

   c.   Either:

      1.   Strict adherence to the sign regulations does not allow adequate identification of the site because of the site's location or configuration, or because the proposed business or use is obscured from view by adjacent buildings and/or vegetation; or

      2.   The architectural style, materials or construction elements of the building are such that a sign placed in conformance with this chapter would conflict with other aesthetic considerations.

(Ord. #91-30, §2; Ord. #95-06, §3)

   The following signs are exempt from obtaining a sign permit but shall comply with all other regulations of this article:

   a.   A sign placed by a public utility or the Town of Danville for the safety or welfare of the public, such as a sign identifying high voltage, underground cable or related to the construction of Town capital improvement projects.

   b.   An official fire or police related sign, or a sign required to be posted and maintained by law or governmental order, such as a public health warning, traffic, parking or similar regulatory device, legal device or warning at a railroad crossing.

   c.   A flag or emblem of a government which is smaller than three (3) feet by five (5) feet in size and displayed on a maximum twenty-five (25) foot pole.

   d.   A bulletin board, not exceeding six (6) square feet in area and six (6) feet in height, on the site of an educational or religious institution relating to an activity conducted at, or sponsored, by the institution.

   e.   A professional nameplate, street address or historic tablet sign less than two (2) square feet in area.

   f.   Informational signs such as hours of operation, "open" signs (including neon) located inside a window less than four (4) square feet, directional signs, credit cards honored or membership in civic, business or professional organizations. Such signs, or group of signs, may not exceed a total of six (6) square feet in area at an individual establishment.

   g.   A barber pole sign not exceeding three (3) feet in height.

   h.   Any of the following temporary signs where such signs do not exceed six (6) square feet in area and six (6) feet in height. These signs may not be placed in the public right of way.

      1.   A political sign, provided it is removed within ten (10) days after the election.

      2.   A special event sign advertising a community-wide event of general interest and sponsored by a noncommercial group, placed for thirty (30) days or less.

      3.   One (1) sign placed on a building or site designating the property for sale or lease.

      4.   Open house/directional—residential real estate signs.

   i.   Changeable copy or message portion of a theater marquee or reader board.

   j.   A sign placed on the interior of a building that cannot be seen by the general public from the exterior.

   k.   Holiday decorations, light and displays, placed no more than forty-five (45) days before a holiday and removed within ten (10) days after the holiday, except the Christmas holidays where they shall be removed within thirty (30) days after Christmas.

   l.   Construction and/or advisory signs installed by the Town of Danville.

   m.   Special event signs on the Town-installed banner poles.

(Ord. #91-30, §2; Ord. #95-06, §3)

   Use of the following signs is prohibited:

   a.   Tethered signs;

   b.   Signs designed, placed, or oriented for freeway exposure, except for building frontages facing in the direction of the freeway;

   c.   Mobile, moving, flashing or blinking signs;

   d.   Nonaccessory signs;

   e.   Dilapidated signs;

   f.   Portable trailer signs;

   g.   Signs attached to or painted on a sound wall, fence, or vehicle parked for the purpose of advertising to the public;

   h.   Signs supported by exposed wires or cables;

   i.   Roof signs;

   j.   Electrified reader boards with a moving display;

   k.   All temporary or political signs located in the public right-of-way, fixed to any improvement, structure or landscaping located in the public right-of-way or located on any property or structure owned by the Town of Danville. Notwithstanding the above, temporary signs may be tied to the Danville Oak Tree on Diablo Road in a manner which does not injure the tree so long as the signs are limited to community events and announcements and are removed within forty-eight (48) hours after they are first affixed to the tree;

   l.   Laser signs;

   m.   No person shall place or maintain, or cause or allow to be placed or maintained, in any manner, any advertising or promotion of any tobacco products on an advertising display sign in a publicly visible location within one thousand six hundred (1,600) feet of the perimeter of an elementary or secondary school, public park or public playground, except for signs:

      1.   Located inside a commercial establishment, unless such advertising display sign or promotion is attached to, affixed to, leaning against, or otherwise in contact with any window or door in such a manner that it is visible from a street, sidewalk or other public thoroughfare;

      2.   On vehicles, other than mobile billboards;

      3.   On any sign located inside or immediately outside a commercial establishment if the sign provides notice that the establishment sells tobacco products, so long as the sign does not promote any brand of tobacco product;

      4.   On tobacco product packaging.

   (Ord. #91-30, §2; Ord. #95-06, §3; Ord. #96-07, §2; Ord. #99-06, §4)

   A sign permit application form is filed with the Planning Division. The application shall contain the name, address and telephone number of the applicant and the location for the building, structure or property on which the proposed sign(s) is to be placed. Sign plans shall be drawn to scale and shall be clear and legible and consistent with professional standards.

   The sign application shall include the following:

   a.   Architectural details, site plan information and elevations of the building in context to the project architecture.

   b.   The application shall include such other information, material samples, colors, attachment details or exhibits as the Planning Division may require.

   c.   The application shall be accompanied by (1) filing fees and (2) the written consent of the legal owner of the property on which the sign will be placed.

(Ord. #91-30, §2; Ord. #95-06, §3)

   The fee for a sign permit shall be established by Town Council ordinance. The fees are nonrefundable.

   If work begins without a sign permit, a staff investigation will be conducted and the applicant shall pay a fee equivalent to double the usual fee (whether or not a permit is subsequently issued). (Ord. #91-30, §2; Ord. #95-06, §3)

   The Chief of Planning shall check the application as to design, location and other relevant factors and may require modifications in the applicant's proposal. The following criteria shall be used in reviewing the application:

   a.   The sign shall be consistent in character with the Town's Commercial Design Guidelines.

   b.   The sign shall be compatible with project architecture and no larger than necessary for adequate identification.

   c.   Signs shall serve primarily to identify the business, establishment or type of activity conducted on the premises; or the product, service or interest being exhibited or offered for sale, rent or lease on the premises.

   d.   Shall not excessively compete for the public's attention.

   e.   Signs shall be harmonious with the materials, color, texture, size, shape, height, location, and design of the project architecture; and shall be in scale with the architectural style of the building, property and environment of which they are a part.

   f.   Sign designs shall be consistent with professional graphic and structural standards.

   g.   Sign illumination, where allowed by provisions in this article, shall be at a lowest level consistent with adequate identification and legibility.

(Ord. #91-30, §2; Ord. #95-06, §3)

   The term "master sign program permit" means a sign permit to allow the owner or occupants of an individual building or group of buildings having a common architectural style (including shopping centers) to develop a comprehensive sign program for the complex. The intent of the master sign program is to ensure the compatibility of signs within the building or complex and compatibility with the project architecture. Each sign under a master sign program must demonstrate a unified design theme regarding proportion and structural support, and shall conform to the following standards:

   a.   Ground Signs. Project ground signs shall follow subsection 32-98.14g. standards and are allowed in addition to the standards in this section.

   b.   Area. For multi-tenant shopping centers, the maximum square footage allowed is .75 square feet per one (1) linear foot of tenant frontage for all signs. For individual freestanding buildings, the maximum square footage allowed shall conform with the sign standards in subsection 32-98.14 of this article.

   c.   Number. No more than two (2) per tenant space shall be established, except that three (3) signs may be utilized for corner tenants. However, no more than one (1) sign shall be at the same level and oriented in the same direction.

   d.   Criteria. The following criteria shall be reviewed for consistency in a sign program.

      1.   Background color;

      2.   Size, shape and form;

      3.   Lettering style;

      4.   Lettering color;

      5.   Location;

      6.   Material;

      7.   Lighting method.

   e.   Letter Height. Sign lettering shall not exceed a maximum of eighteen (18") inches in height; unless it can be demonstrated that the letter size is in proportion with the project architecture, compatible with other signs in the development and in scale with the wall area it is mounted on. It must also be demonstrated that the sign is no larger than necessary to be legible to the public.

   f.   Illumination. All lighting methods and fixtures shall be reviewed with the sign permit.

      1.   Indirect Illumination. Lighting intensity shall be the minimum required to be legible. All light sources shall be directed away from view of the general public and appropriately screened.

      2.   Internal Illumination.

         (a)   Location. Internally lighted signs are permitted for project anchor tenants and project identification signs. No internally lighted signs are permitted in Areas 1, 2, 3, and a portion of 4 (see attached map) of the Downtown Business District.*

         (b)   Design. Halo-lit signs and internally lighted signs with opaque backgrounds are preferred over signs with light colored backgrounds and dark lettering.

         (c)   Illumination. Lighting intensity shall be the minimum required to be legible.

         (d)   Permit. A master sign program permit is required for all projects with internal illumination. Sign programs which include internal illumination may, at the discretion of the Chief of Planning, be referred to the Planning Commission.

         (e)   Exceptions. Exceptions to this subsection may only be approved by the Planning Commission.

   g.   Approval. The master sign program permit shall be issued by the Chief of Planning after Design Review Board review and approval, or at the discretion of the Chief of Planning, the application may be referred to the Planning Commission for consideration and action.

   h.   Installation. After a master sign program permit is approved, no person shall install individual signs without first obtaining a separate sign permit, unless the master sign permit specifically allows administrative approval prior to issuance of a building permit.

   i.   Exception. Artistic sign programs are encouraged. However, if a program is designed to be consistent with the architectural style of the project, but does meet these standards, the program may be reviewed on its own merit and shall require approval of an exception, per subsection 32-98.8 of this article.

   (Ord. #91-30, §2; Ord. #95-06, §3)

   The following standards govern sign approvals which can be acted on administratively by the Planning Division. Applicants must complete a sign application per subsection 32-98.6 requirements. All exceptions to these standards shall be reviewed by the Design Review Board per subsection 32-98.7 of this article.

   a.   General.

      1.   Sign Depth. All signs must have a minimum thickness of one and one-half (1 1/2") inches. Window or other similar signs are exempt from this requirement.

      2.   Number. No more than two (2) signs per premises or tenant occupancy (whichever is greater), exclusive of ground signs and temporary/promotional signs.

      3.   Placement. More than one (1) sign may be located on the same elevation as long as the primary visual orientation is different.

      4.   Letter Height. Sign lettering shall not exceed a maximum of eighteen (18") inches in height, however, ten (10") inch letter height is generally assumed to be adequate for most signs when the buildings are located close to a street or pedestrian travelway.

      5.   Design. All signs shall be designed to be in scale with the project design and compatible with the architectural character of each project.

   b.   Wall Sign.

      1.   Area. Maximum sign area shall be limited to a maximum of .75 square feet per one (1') linear foot of building frontage or twenty-five percent (25%) of the receiving wall area, whichever is less, up to a maximum sign area of seventy-five (75) square feet.

      2.   Height. The maximum height limit shall be fifteen (15') feet, measured from finished grade to top of sign.

      3.   Illumination. In Areas 1, 2, 3 and a portion of 4 (see attached map) of the Downtown Business District only indirect illumination is permitted.*

      4.   Design. The design of the sign shall be compatible with the architectural style of the building and shall be in proportion and scale with the wall upon which it is mounted.

   c.   Wall Painted Sign.

      1.   General. Signs shall contain illustrations which shall not pose a hazard to public health, safety or welfare.

      2.   Number. No more than one wall painted sign per premise or tenant occupancy (whichever is greater). Note: exceptions to the number of wall painted signs may be considered in some situations -see Placement restrictions.

      3.   Design. All wall painted signs shall be designed to be in scale with the project design and compatible with the architectural character of the building upon which it is placed.

      4.   Approval. All permit applications for wall painted signs shall be approved by the Design Review Board.

      5.   Area. Sign area shall be limited to a maximum of .75 square feet per one (1') linear foot of building frontage or twenty-five percent (25%) of the receiving wall, whichever is less, up to a maximum sign area of seventy-five (75) square feet.

      6.   Orientation. Wall painted signs are permitted only on building walls that are parallel to the street frontage of the subject property. For instances where multiple street frontages are present, the wall painted sign shall be placed on the building wall that is parallel to the street frontage of the street with the higher usage.

      7.   Removal. Wall painted signs associated with the operation of a business or use which ceases to operate and/or wall painted signs which have been defaced or damaged and are not repaired to their original state shall be considered to be nonconforming signs subject to the provisions of subsection 32-98.32 of this article.

   d.   Awning Sign.

      1.   Area. Maximum sign area shall be limited to a maximum of .75 square feet per one (1') linear foot of awning length or seventy-five percent (75%) of the flat vertical plane of the awning where the sign is located, whichever is less, up to a maximum sign area of twenty (20) square feet per awning.

      2.   Number. One (1) sign per elevation and a maximum of up to two (2) signs per business.

      3.   Height. The maximum height limit for any lettering on the awning shall be twelve (12') feet, measured from finished grade.

      4.   Location. Sign letters shall be located on a flat vertical plane of the awning. The minimum clearance under a canopy located over a pedestrian walkway shall be seven (7') feet.

      5.   Illumination. While indirect lighting is permitted for pedestrian walkways under the canopy of the awning, internally illuminated canopies are prohibited.

      6.   Design. The design and shape of the awning shall be in scale with the architectural style of the building.

   e.   Shingle Sign and Projecting Sign.

      1.   Area. Maximum sign area shall be five (5) square feet.

      2.   Height. Minimum sign clearance shall be seven (7') feet to the bottom of the sign. Projecting signs shall not project more than five (5') feet from the wall upon which they are attached.

      3.   Illumination. Only indirect illumination is permitted in Areas 1, 2, 3 and 4 (see attached map) of the DBD: Downtown Business District.*

      4.   Design. The sign shall be compatible with the architectural style of the building and shall be in proportion and scale with the space upon which it is mounted.

   f.   Window Sign.

      1.   Area. Maximum sign area shall be twenty-five percent (25%) of the contiguous window area.

      2.   Design. The sign shall be compatible with the architectural style of the building and shall be in proportion and scale with the space it is located in. The sign shall be applied to the window in a professional manner and shall be of a permanent nature.

      3.   Use of Neon. For neon sign standards, see subsection 32-98.19c. of this article.

   g.   Freestanding Signs. Freestanding signs are allowed in addition to other project signs providing they meet the following standards:

      1.   Ground Sign.

         (a)   Area. The maximum sign area shall be thirty-five (35) square feet for lots with a minimum lot frontage of one hundred twenty-five (125') feet. The maximum sign area shall be twenty (20) square feet for lots with one hundred to one hundred twenty-four (100'-124') feet of lot frontage. The base or support structure for the sign is not calculated as a part of the sign area unless it is designed to form an integral background for the display.

         (b)   Height. Maximum height limit shall be seven (7') feet measured from finished grade.

         (c)   Location. Ground signs shall be located a minimum of three (3') feet from the back of the sidewalk, and minimum two (2') feet back from the property line, whichever is greater. A ground sign may only be located on a property where the primary structure is set back a minimum of twenty (20') feet from the public right-of-way. No sign shall be located within the public right-of-way, on a public utility easement or within the sign sight triangle for a street or driveway.

         (d)   Number. For single tenant buildings or projects no more than one (1) ground sign is allowed. These signs are allowed in addition to the maximum number of tenant identification signs allowed in the project.

         (e)   Minimum lot width. No ground signs may be established on lots with a minimum lot dimension of less than one hundred (100') feet, measured at the street.

         (f)   Message. The sign shall be limited to the address of the premises, and either 1) name of building complex, or 2) the logo and/or name of a single tenant.

         (g)   Illumination. Only indirect illumination is permitted, unless approved under a master sign program (see subsection 32-98.13).

      2.   Mini-Pole Sign.

         (a)   Area. Maximum sign area shall be six (6) square feet. The base or support structure for the sign shall not be calculated as a part of the sign area unless it is designed to form an integral background for the display.

         (b)   Height. Maximum height limit shall be seven (7') feet to the top of the support structure of the sign plus an additional one (1') foot for a decorative element extending above, such as a light fixture.

         (c)   Location. The edge of a mini-pole sign shall be located a minimum of one (1') foot back from the sidewalk, or one (1') foot back from the property line, whichever is greater. No sign shall be located within the public right-of-way or within the sign sight triangle for a street or driveway.

         (d)   Number. One (1) mini-pole sign shall be allowed per property.

         (e)   Minimum lot width. No minimum lot width required.

         (f)   Illumination. Only indirect illumination is permitted.

      3.   Off-Site Commercial Identification Sign.

         (a)   Area. Maximum sign area shall be determined by the Design Review Board. The base or support structure for the sign shall not be calculated as a part of the sign area unless it is designed to form an integral background for the display.

         (b)   Height. Maximum height limit shall be seven (7') feet to the top of the support structure of the sign plus an additional one (1') foot for a decorative element extending above, such as a light fixture.

         (c)   Location. The edge of the off-site commercial identification sign shall be located a minimum of one (1') foot back from the sidewalk, or one (1') foot back from the property line, whichever is greater. No sign shall be located within the public right-of-way or within the sign sight distance triangle for a street or driveway.

         (d)   Number. One (1) off-site commercial identification sign may be permitted in the Downtown Business District for every two (2) sides of a connecting street intersection with Danville Boulevard, Hartz Avenue, Railroad Avenue, Diablo Road, Hartz Way and San Ramon Valley Boulevard.

         (e)   Minimum lot width. No minimum lot width required.

         (f)   Illumination. Only indirect illumination is permitted.

      4.   Neighborhood Identification Sign.

         (a)   Area. Maximum sign area for neighborhood identification signs shall be thirty-five (35) square feet, unless the sign structure is tended to be a focal landscape feature, then the maximum size is subject to review and approval by Planning Division.

         (b)   Height. Maximum height limit shall be seven (7') feet, measured from finished grade.

         (c)   Location. A neighborhood identification sign may be located on a landscape wall, but not on the architectural soundwall of a development, if applicable. No sign shall be located within the public right-of-way, on a public utility easement or within the sight distance triangle (see Subdivision Ordinance definition) for a street or driveway.

         (d)   Number. One (1) neighborhood identification sign shall be permitted per street entrance, but no more than three (3) neighborhood identification signs per development.

         (e)   Maintenance. The neighborhood identification sign shall be maintained in good condition by a Homeowners Association, or shall be subject to correction by the Town and the cost assessed back to the Homeowners Association.

(Ord. #91-30, §2; Ord. #95-06, §3)

   Temporary/promotional signs are intended to be displayed for a limited period of time, are not limited to a certain type of material and shall be nonilluminated. The applicant shall file an application of a temporary/promotional sign permit prior to installation.

   a.   General.

      1.   Permit. Prior to issuance of a temporary/promotional sign permit, the applicant must have a permanent sign application on file with the Town of Danville.

      2.   Duration. The time limit for display of a temporary/promotional sign for a new business shall not exceed sixty (60) consecutive days. Thereafter, the time limit for temporary/promotional signs shall not exceed fifteen (15) consecutive days and forty-five (45) total days per calendar year per business.

      3.   Material. Exterior signs shall be made of a durable material other than standard business paper.

      4.   Area. The sign area for temporary/promotional signs shall be calculated in addition to the permitted area allowed for permanent tenant signs.

      5.   Number. A maximum of two (2) temporary promotional signs per business is permitted at any given time.

   b.   Freestanding A-Frame Signs.

      1.   Area. Freestanding temporary/promotional signs (e.g., A-frame signs) shall be limited to five (5) square feet.

      2.   Height. The maximum sign height shall not exceed 2.5 feet.

      3.   Location, The sign shall not obstruct a pedestrian path or be located in the public right-of-way.

      4.   Message. These signs shall only be used to advertise a special promotion or event, not the name of the business.

   c.   Promotional Banners.

      1.   Area. Maximum sign area shall be twenty (20) square feet.

      2.   Height. Maximum height limit shall be twelve (12') feet, measured from finished grade.

      3.   Location. No two (2) banners shall face the same direction.

      4.   Number. No more than one (1) banner per lot frontage.

      5.   Attachment. All temporary/promotional signs shall be properly attached to a window, wall or fence and shall not be fixed to a roof or tree.

   d.   Temporary/Promotional Window Signs.

      1.   Area. Maximum sign area shall be twenty-five percent (25%) of the contiguous window area.

      2.   Design. Window signs may be painted on the window or a sign may be placed on the inside of the window facing out. All signs shall be well designed and properly installed.

      3.   Exemption. Temporary/promotional window signs which are established and maintained in a manner consistent with subsection 32-98.15 of this article shall not require a Temporary/Promotional Sign Permit. The date of installation of temporary/promotional window signs and the aggregate number of display days for the current calendar year (inclusive of the current display) shall be indicated by one (1") inch letters located on the face of the sign.

(Ord. #91-30, §2; Ord. #95-06, §3)

   The following three (3) types of real estate signs are intended to be utilized when a property is for sale and/or lease. The purpose of this section is to regulate the size, number, location and duration of these temporary signs.

   a.   On-Site Real Estate Sign - Residential Conditions:

      1.   Area. One (1) real estate sign per premises, not to exceed six (6) square feet in area (including sign riders).

      2.   Height. The maximum height shall be six (6') feet, measured from grade level to top of sign.

      3.   Location. Signs located at the corner of a lot shall be placed a minimum of ten (10') feet back from the right of way line or ten (10') feet back from edge of pavement (whichever is greater). All signs shall be situated so they do not encroach into the pedestrian walkway or obstruct the line of sight of motorists.

      4.   Message. Information on the sign shall be restricted to the sale, lease or rental of the premises on which the sign is located.

      5.   Period of Use. The sign shall be removed from the premises within ten (10) days after the property is no longer for sale, lease or rent. For purposes of this article, "sale" means the close of escrow and "lease/rent" means occupancy by a tenant.

   b.   Off-Site Real Estate - Open House/ Directional Signs - Residential. Off-site real estate - Open house/directional signs - residential directing public to an open house are permitted in the public right-of-way under the following conditions:

      1.   Area. The signs may be double-faced and each side shall not be more than four (4) square feet in area.

      2.   Height. Maximum height limit shall be three (3') feet from grade level to top of sign.

      3.   Number. Each real estate company may place only one (1) sign per leg (direction) at any one (1) intersection. (For example: Only one (1) off-site real estate sign per corner per real estate company shall be permitted no matter how many listings are located in that direction.)

      4.   Location. Signs are permitted on major arterial/collector intersections (see Figure 7 in the Danville 2005 General Plan), with a maximum of eight (8) signs per intersection at any one (1) time, when placed such that the sign does not encroach into the pedestrian walkway or obstruct the line of sight of a motorist.

      Signs are permitted on secondary streets with a maximum of four (4) signs per intersection at any one (1) time, when permission from the affected property owner has been secured, if the sign is to be placed on privately owned property. No signs shall be allowed on fences, utility poles, sidewalks, median strips, traffic islands, or within a travel way of a street.

      5.   Message. Sign "riders" are not allowed to be placed on any off-site real estate - open house/directional - residential sign.

      6.   Period of Use. Use of these signs are only permitted on one (1) weekday (Agent Tour Day), plus Saturdays, Sundays and holidays between 10:00 a.m. and sunset, provided a representative of the real estate firm or the property owner is present on the property at all times while such signs are displayed. The signs must be removed after the closing of the open house. Use of these signs may be permitted during prohibited days and hours when authorized through a sign permit. Examples of use would be a special open house promotion.

      7.   Violations. All signs in violation are subject to seizure by the Town of Danville. (Note: These signs will be removed and stored at the Town Offices for a maximum of ten (10) days. After ten (10) days the Town will dispose of the sign if not claimed. Signs may be retrieved by contacting the Community Preservation Division and paying a fifteen ($15.00) dollar retrieval fee per sign).

   c.   On-Site Commercial Real Estate Signs. On-site commercial real estate signs are permitted for multiple family investment property, commercial, industrial and office projects after construction under the following conditions:

      1.   Area. On-site commercial signs shall meet the following standards:

         (a)   In the case of commercial, industrial, office or multiple family investment properties for sale, the following sign area standards shall apply:

            (1)   Lots with a minimum of one hundred twenty-five (125') lineal feet of street frontage are allowed one (1) double faced sign not to exceed thirty-two (32) square feet in area for each face of the sign. In the case of corner lots, two (2) double faced signs with each face not to exceed sixteen (16) square feet; or lots with less than one hundred twenty-five (125') lineal feet of street frontage are allowed one (1) sign no larger than sixteen (16) square feet in area or in the case of corner lots, two (2) double faced signs with each face not to exceed eight (8) square feet.

         (b)   In the case of commercial, industrial, office or multiple family investment properties for lease or rent, the maximum sign area shall be sixteen (16) square feet.

      2.   Height. Wall signs shall not exceed a height limit of fifteen (15') feet from finished grade. Ground signs shall not exceed a height limit of seven (7') feet from finished grade, unless set back a minimum of thirty (30') feet from any public right-of-way in such case the maximum height limit shall be twelve (12') feet.

      3.   Number. One (1) nonilluminated sign on each street frontage which serves solely to advertise the sale, lease or rental of the premises where the sign is located, is permitted in commercial, office, industrial and planned commercial developments.

      4.   Location. Each sign must be situated so it does not encroach into the pedestrian walkway or obstruct the line of sight of a motorist.

      5.   Message. Information on the sign shall be limited to the sale, lease or rental of the premises where the sign is located.

      6.   Period of Use. The sign shall be removed from the premises within ten (10) days after the property is no longer for sale, lease or rent. For purposes of this article, "sale" means the close of escrow and "lease/rent" means occupancy by a tenant.

(Ord. #91-30, §2; Ord. #95-06, §3)

   Application for on-site temporary construction signs for subdivisions and nonresidential properties shall be permitted only when there is an application on file with the Planning Division for the development proposal. The type, location and number should be confirmed with the land use permit for the model home complex, in the case of residential development, or with the development plan application in the case of nonresidential development. A sign permit is not required for these signs provided that they meet the following standards:

   a.   On-site Subdivision Construction Signs.

      1.   Location. Signs shall be located within the boundaries of the subdivision or the subject lot, and shall not encroach into the public right-of-way. Signs shall be located so as not to interfere with the sight distance triangle (see Subdivision Ordinance definition) at road intersections and driveways.

      2.   Number. One (1) sign is permitted per subdivision entrance. For interior subdivisions without primary street frontage, Town-approved reader board signs may be installed within the public right-of-way at the nearest major intersection when there are more than two (2) interior subdivisions not located on a major street. These signs may have a double width thirty-six by forty-eight (36" x 48") inches sign component. (Note: All Town-approved reader board signs require a sign permit, building permit and encroachment permit approval if they are located in the public right-of-way and shall be constructed per Town standards.) See subsection 32-98.18 for reader board requirements.

      3.   Area. Maximum sign area shall be thirty-two (32) square feet.

      4.   Height. Maximum sign height shall be twelve (12') feet, measured from finished grade.

      5.   Additional Signs. Other temporary decorative signs, such as flags, which are designed to attract the public's attention, shall be subject to review and approval through a land use permit application for the subdivision's model home complex. As a general rule, no more than two (2) promotional flags per model home shall be permitted.

      6.   Duration. Signs may be erected and maintained for a maximum of eighteen (18) months, or until thirty (30) days after all homes have transferred ownership once, whichever occurs first. An extension of the time limit may be authorized by the Chief of Planning upon showing of good cause.

      7.   Permits. Signs require a building permit.

   b.   On-Site Nonresidential Construction Signs.

      1.   Location. Signs shall be located within the subject property boundaries of the construction site and shall not encroach into the public right-of-way. Signs shall be located so as not to interfere with the sign sight triangles at road intersections and driveways.

      2.   Number. One (1) sign shall be allowed per project.

      3.   Sign Copy. Sign copy shall be limited to information on the developer, architect, financial institution, future tenants and leasing information.

      4.   Area. Construction sites with a minimum street frontage of one hundred twenty-five (125') linear feet shall have a maximum sign area of thirty-two (32) square feet. Construction sites with a street frontage less than one hundred twenty-five (125') linear feet shall have a maximum construction sign area of twenty-four (24) square feet.

      5.   Height. Maximum sign height shall be twelve (12') feet, measured from finished grade.

      6.   Additional Signs. Other temporary decorative signs, such as flags, which are designed to attract the public's attention, shall be subject to review and approval through a temporary/promotional sign permit.

      7.   Duration. Signs may be erected for a maximum of one (1) year or until occupancy, whichever occurs first. An extension of the time limit may be authorized by the Chief of Planning upon showing of good cause.

      8.   Permits. Signs require a building permit.

(Ord. #91-30, §2; Ord, #95-06, §3)

   The subdivision reader board sign program was established to provide a unified off-site sign program for advertising the sale of residential lots in subdivisions. These signs are temporary and may be located within the public right-of-way upon securing the appropriate permits as required in this section. These signs shall have no illumination (either external or internal).

   a.   Location. The signs may be installed within the public right-of-way, generally situated 5'+/- behind the face of curb, unless otherwise regulated through the sign permit. All signs shall be located so that they do not interfere with sight distance for motorists, pedestrians and bicycle riders. Signs shall be located a minimum of sixty (60') feet from an intersection. (Note: If this structure causes interference with future landscape installation within the right-of-way, the structure shall be relocated at the applicant's expense to a location approved by the Town of Danville.)

   b.   Sign Copy. The sign copy for each individual sign component shall only advertise the name and directions to the subdivision.

   c.   Area. The size and design of the sign shall conform with Town-approved design standards. The overall area of a single width sign shall not exceed thirty-six (36) square feet. Each sign component shall be eighteen by forty-eight (18" x 48") inches.

   d.   Height. The maximum height of the sign shall not exceed nine feet ten (9'10") inches measured from finished grade.

   e.   Insurance. Proof of comprehensive general liability insurance of at least one million ($1,000,000.00) dollars is required. The Town, its officers, agents, and employees shall be named as additional insured. Proof of insurance is required prior to issuance of a building permit.

   f.   Permits. An administrative sign permit from the Planning Division, a building permit from the Town of Danville Building Department and an encroachment permit from the Engineering Division shall be secured prior to construction of the sign structure. Each eighteen by forty-eight (18" x 48") inch reader board component shall also secure administrative approval by the Planning Division prior to installation.

   g.   Maintenance. The applicant shall maintain the sign structure and the area surrounding the sign in good condition and free of debris and weeds.

   h.   Duration. The sign structures shall be removed at the time that the last unit of a subdivision has been sold or when the last subdivision reader board sign component has been removed from the structure. Removal of the entire structure shall occur no later than thirty (30) days after the last subdivision reader board component insert has been removed from the structure.

      Individual subdivision reader board components shall be utilized for a period not to exceed eighteen (18) months from the date of installation or until thirty (30) days after the sale of the last unit in the subdivision, whichever occurs first. The time period shall start from the date of administrative approval for the individual reader board component, Extensions of these time limits may be approved by the Chief of Planning.

   i.   Surety Bond. A security (cash, bond, certificate of deposit, or letter of credit) shall be posted in the amount of five hundred ($500.00) dollars as a guarantee for the removal of each sign structure prior to the issuance of a building permit.

(Ord. #91-30, §2; Ord. #95-06, §3)

   a.   Indirectly Illuminated Signs.

      1.   Illumination. Lighting intensity shall be the minimum required to be legible.

      2.   Location. All light sources shall be directed away from view of the general public and appropriately screened.

   b.   Internally Illuminated Signs. The standards applicable to internally illuminated signs are contained in subsection 32-98.13 (Master Sign Program).

   c.   Neon or Fiber Optic Signs.

      1.   General. The design of the neon or fiber optic sign may depict the business name; symbolize the activities of the business; indicate product names, trademarks or services; and/or be an artistic expression (e.g., a graphic depiction of a product or service without written text).

      2.   Area. The area of any neon or fiber optic sign shall be calculated towards the allowable window sign area (see subsection 32-98.14f.) for the business.

      3.   Number. Only one (1) neon or fiber optic sign per street frontage per business may be utilized.

      4.   Location. Neon or fiber optic signs shall only be located on the interior of windows. No exterior neon or fiber optic signs are permitted.

      5.   Illumination. Lighting intensity shall be the minimum required to be legible.

      6.   Permit. All neon or fiber optic signs require review and approval by the Chief of Planning prior to installation.

(Ord. #91-30, §2; Ord. #95-06, §3)

   If the sign complies with the intent of this article, the Chief of Planning may approve the application, or approve it subject to conditions. The applicant must then apply to the Building Department for review and determination of compliance with the Building Code. The applicant is responsible for obtaining such building, electrical or other permits as are required and shall not install the sign until the appropriate permits are issued. The Chief of Planning or Design Review Board may refer an application to the Planning Commission for consideration and action. (Ord. #91-30, §2; Ord. #95-06, §3)

   The Chief of Planning or Design Review Board may deny a permit if the application submittal has not complied with this article. The Chief of Planning shall send written notice to the applicant within ten (10) days of the denial stating the reasons for denial. (Ord. #91-30, §2; Ord. #95-06, §3)

   A person aggrieved or affected by an action of the Chief of Planning or the Design Review Board may appeal the action under Section 30-7 of the Danville Municipal Code, which incorporates by reference Sections 26-2.2402 through 26-2.2410 of the Contra Costa County Code. The appellant must file a written notice of appeal, with the appropriate appeal fee, and set forth specific grounds for the appeal. Said appeal must be filed with the Chief of Planning within ten (10) days of action on the application. In an appeal, the appellant has the burden of proof. (Ord. #91-30, §2; Ord. #95-06, §3)

   A sign permit issued by the Town under this article expires if the work authorized by the permit is not started within ninety (90) days from the date of the permit, or if the building or work authorized by the permit is suspended or abandoned for a period of sixty (60) consecutive days after the beginning of work. If a sign permit is filed in conjunction with a Development Plan or other land use entitlement, the sign permit is valid until the Development Plan or land use entitlement expires. If the sign permit expired, the applicant must renew the sign permit before beginning work. The fee for the renewed permit shall be one-half (1/2) of the amount required for a permit, if no changes have been made in the original plans and specifications and if the suspension or abandonment has not exceeded one hundred eighty (180) days. (Ord. #91-30, §2; Ord. #95-06, §3)

   The Chief of Planning may suspend or revoke a permit issued under this article whenever the permit is issued on the basis of a misstatement or omission of material fact or fraud or for any reason listed in Section 30-4.12 of the Danville Municipal Code. The procedures for revocation of a sign permit are those set forth in Sections 26-2.2024 through 26-2.2030 of the Contra Costa County Code, as adopted by reference by subsection 30-1.1 of the Danville Municipal Code. (Ord. #91-30, §2; Ord. #95-06, §3)

   The Chief of Planning shall maintain a record of each sign permit issued. (Ord. #91-30, §2; Ord. #95-06, §3)

   These sign regulations shall be in effect as of the effective date of this article except that:

   a.   In case of a conflict between sign regulations contained in this article, the stricter regulation applies.

   b.   In the case of conflict between this article and other sign regulations in the Municipal Code, these regulations shall apply.

(Ord. #91-30, §2; Ord. #95-06, §3)

   A person who violates this article is guilty of an infraction under Chapter 1, subsections 1-5.1 and 1-5.2 of the Danville Municipal Code. (Ord. #91-30, §2; Ord. #95-06, §3)

   A sign or sign structure placed or maintained contrary to this article is a public nuisance. (Ord. #91-30, §2; Ord. #95-06, §3)

   A sign or sign structure placed or maintained contrary to this article after approval of this article may be abated as follows:

   a.   A sign placed which is illegal, prohibited or which imperils the safety of people or property, or an obsolete or abandoned sign is subject to removal by the owner and, upon the owner's failure to do so, by the Town.

   b.   A sign may be abated and the expense or abatement shall be a lien against the property and a personal obligation against the property owner. The abatement procedure is that set forth in Chapter 1, subsections 1-5.1 and 1-5.2 of the Danville Municipal Code.

   c.   Each person who places a sign which is subject to removal under paragraph a. or b. is jointly and severally liable for the cost of removal. The Town has a lien upon the sign for the cost of removal and may keep possession of the sign until the owner redeems it by paying to the Town the cost of removal. The Town may dispose of the sign sixty (60) days after removal by giving the owner notice that the owner may redeem the sign by paying the cost of removal and if he fails to do so, the Town will dispose of the sign as it sees fit without further liability to the owner for this action.

   d.   Any temporary or political sign erected or placed in violation of this section may be removed by the Code Enforcement Officer or any other employee of the Town so authorized by the Town Manager. Prior to removal of such signs, the Town shall attempt to contact the candidate, committee, entity or other person responsible for the posting of the sign. If the responsible person can be reached, they shall be given twenty-four (24) hours to remove the signs. If the signs are not removed within this time period or, if after reasonable efforts no responsible party can be reached, the signs shall be removed and stored at the Town's Service Center. If a sign is erected or placed less than twenty-four (24) hours prior to the event being advertised or promoted, the sign may be immediately removed.

   Once signs are removed pursuant to this subsection, the responsible party shall be notified in writing of the removal of the signs, of their right to contest the fact that the sign was placed in violation of this section and of their right to retrieve the signs within fifteen (15) days. If the responsible party contests the removal of the signs, they shall be entitled to an administrative hearing before the Chief of Planning or designee, who shall have the authority to order the signs returned without charge.

   If the Town retrieves the signs pursuant to this section, the responsible party shall be charged an amount equal to the expense incurred by the Town in removing the signs. If the signs are not retrieved within fifteen (15) days, the signs shall be destroyed or otherwise disposed of by the Town.

(Ord. #91-30, §2; Ord. #95-06, §3; Ord. #96-07, §2)

   The Chief of Planning may make such inspections as may be necessary to ascertain whether a sign conforms to this article. (Ord. #91-30, §2; Ord. #95-06, §3)

   No person may maintain or permit to be maintained on a premises owned or controlled by him, a sign or sign structure which is unsafe, dilapidated or in disrepair. If such a sign exists, the Town shall give written notice of the fact to the property owner and the person responsible for the sign. If the sign is not repaired within the time specified in the notice, the Chief of Planning may revoke the sign permit under subsection 32-98.24 and remove the sign under subsection 32-98.29 of this article. (Ord. #91-30, §2; Ord. #95-06, §3)

   A sign lawfully placed before the effective date of this article which does not conform to this article is a nonconforming sign. Nonconforming signs established before and after adoption of this article shall be subject to the following regulations.

   A nonconforming sign which is abandoned, altered, reconstructed in a manner inconsistent with this article or moved must comply with this article or be subject to abatement under subsection 32-98.29.

   a.   Inventory and Identification of Illegal or Abandoned Signs. The Town shall commence an inventory of all existing signs within six (6) months from the date of the adoption of this article.

   b.   Removal of Signs Without Compensation. If any of the following actions result in nonconformance with this article, the Town may elect to require the removal without compensation of any sign which meets the following criteria after notice and hearing pursuant to Chapter 2.6 of Division 3 of the California Business and Professions Code is given:

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

      2.   Any sign which was lawfully erected anywhere in the Town, but whose use has ceased, or the structure upon which the display has been abandoned by its owner, for a period of not less than ninety (90) days. Costs incurred in removing the abandoned sign may be charged to the legal owner.

      3.   Any sign that has been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and cannot be repaired within thirty (30) days from the date of its destruction.

      4.   If an owner requests permission to remodel a building and remodels a sign (outside of a change in copy).

      5.   If an owner obtains a permit to expand or enlarge the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement, or remodeling.

      6.   The cost of construction, enlargement, or remodeling of the sign exceeds fifty percent (50%) of the cost of reconstruction of the building.

      7.   Any sign whose owner seeks relocation inconsistent with this article and relocates the sign. The Town is not liable for relocation costs if the Town requires the relocation.

      8.   Any sign for which there has been an agreement between the sign owner and the Town, for its removal as of any given date.

      9.   Any sign which is temporary.

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

      11.   Any sign which constitutes a traffic hazard not created by relocation of streets or highways or by acts of the Town, County, or State.

      12.   Upon approval of a conditional use permit, development plan or other similar entitlement where the gross square footage of the building is increased greater than fifty percent (50%), all non-conforming signs shall be modified and/or removed prior to issuance of a building permit for the entitlement.

   c.   Removal Following Amortization or Payment of Just and Fair Compensation for Nonconforming Signs.

      1.   The Town may require the removal of a nonconforming sign without compensation to the sign's owner, upon the expiration of a reasonable amortization period, per the requirements of subsection 32-98.6b. For purposes of this subsection, a reasonable amortization period is hereby deemed to be six (6) months from the date written notice requiring the removal of the nonconforming sign is given by the Town to the sign's owner, provided that such amortization period may be extended by the Town or up to an additional two (2) years, upon a demonstration of good cause by the owner of the sign.

      2.   As an alternative to the amortization procedure set forth above, the Town may elect to require the removal of a nonconforming sign at any time following payment by the Town of the fair market value of the sign. "Fair market value" for purposes of this subsection means, and shall be calculated by adding, the actual cost of removing the sign (including the cost of repair of physical damage to the real property or improvements to which the sign was affixed, directly caused by such removal) and the in-place depreciated value of such sign.

   d.   General Provisions. A nonconforming sign may not be:

      1.   Changed to another nonconforming sign;

      2.   Structurally altered so as to extend beyond its useful life;

      3.   Expanded; or,

      4.   Relocated.

   e.   Exceptions. Exceptions to the provisions of this subsection may be granted by the Town Council upon application of any sign owner who presents substantial evidence showing that the sign conforms to subsection 32-98.7, Exceptions of this article.

   (Ord. #91-30, §2; Ord. #95-06, §3)

   The remedies in this article are not exclusive. The Town may rely on any remedy authorized by law. (Ord. #91-30, §2; Ord. #95-06, §3)

   The Town Council hereby declares that every section, paragraph, clause and phrase is severable. If any section, paragraph, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. (Ord. #91-30, §3; Ord. #95-06, §3)