A.

The purpose of this Chapter is to reduce visual clutter, preserve the character and quality of the environment, achieve an aesthetically pleasing appearance for the City, and provide adequate opportunity to erect signs. In doing so, this Chapter intends to enhance the visual environment of the City, to eliminate traffic hazards, to include without limitation pedestrian traffic, hazards caused by improper signs, and to ensure that information is presented safely and effectively.

B.

This Chapter establishes a comprehensive system for the regulation of signs to promote the public safety, health, and welfare. The intent is to present a set of reasonable, non-arbitrary and non-discretionary standards and procedures which will facilitate the improvement and protection of the environment by prohibiting the misuse of signs.

C.

It is the intent of this Chapter to further the greater public interest in allowing a property owner to identify the owner's and tenant's property and the activities, services, and products available thereon rather than having the property owner and tenant use allowable sign area to identify property, activities, services, and products located elsewhere.

(Ord. No. 616; Ord. No. 813; Ord. No. 830)

A.

Sign.

1.

Balloons are any inflatable object.

2.

Banner, flag or pennant shall mean any cloth bunting, plastic, paper, fabric or similar material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing or vehicle, not including governmental flags.

3.

Blade Sign shall be defined as a single or double-faced sign mounted perpendicular, or nearly perpendicular, from an exterior building wall or hanging from a support feature mounted perpendicular, or nearly perpendicular from an exterior building wall.

4.

Building Face shall mean the outer surface of a main exterior wall. This excludes any projecting fins, columns, pilasters, canopies, marquees, showcases, patios or any other structure that does not directly contribute to the space's floor area ratio.

5.

A-Frame Sign shall mean a single or double-faced moveable sign consisting of a smooth, hard panel for the display of changeable messages or copy as advertising for a commercial establishment, as regulated per this Chapter.

6.

City Property shall mean land, light standards, structures, or other property owned or controlled by the City.

7.

Community Event shall mean an event held within the City oriented towards recreational, cultural, or civic activities, sponsored by the City or a nonprofit organization, and open for participation by the general public.

8.

Monument Signs are a type of freestanding sign, as defined in this Chapter, wherein business advertising or identification is provided on or as part of the design of a thin, vertically aligned structure mounted on the ground, either with a solid base or on intermittent piers or supports.

9.

Sign is any word, letter, placard, board, notice, logo, insignia, flag, or banner, and any or all devices, fixtures, structures, construction, cloth or backing which conveys a message in pictorial, symbolic, or worded form and which is intended to call attention to the site, or used to advertise or promote the interest of any person, institution, business or product.

10.

Sign Area is the entire area within a single, contiguous perimeter enclosing the extreme limits of a sign. The perimeter shall include all elements and ornamentation forming an integral part of the design of the sign and the sign structure. Where the sign is an integral part of a wall or awning, or any other supporting structure, the sign area shall include the smallest rectangular area which includes all letters, designs, logos, and other features and including all intervening and enclosed open spaces. The "sign area" of a double-faced sign is the area of one side only. The "sign area" of an inflated balloon is equivalent to the square of the maximum diameter.

11.

Sign Area Total is the sum total of the areas of all signs on a lot that is regulated by this Chapter.

12.

Sign Height is the total distance between the lowest grade adjacent to the base of the sign measured to the top of the highest sign element, including the sign structure.

13.

Sign Structure is a structure which supports or is capable of supporting a sign. A sign structure may be a single pole or multiple poles, or may be designed as an integral part of the building or any combination thereof.

14.

Street Frontage shall mean the total linear distance of which a building face fronts the street. Street frontage shall be measured as a straight, contiguous line parallel to the abutting street and shall not reflect articulation in a building face. Street frontage shall not apply to alleyways.

B.

Sign Parameters .

1.

Directional Signs are signs which direct, point or guide, for example, without limitation: "Office," "one way," "parking," "restrooms."

2.

External Lighting is lighting from a source which is external to the sign that casts light upon the sign.

3.

Freestanding Signs are signs which are supported by one or more columns, uprights or braces in or upon the ground.

4.

Identification Signs are signs which identify the name of the building, street address, or the occupants/tenants located in the specific building or area.

5.

Internal Lighting is lighting from a source coming from within the sign and includes, without limitation, neon lighting.

6.

Off-Site Messages are messages on signs which identify a use that is not occurring on the site; identifies an activity not occurring at the site of the sign; identifies a product not available at the site of the sign; or identifies a property located elsewhere than the site of the sign.

7.

Temporary Signs are signs used, installed or displayed so as to be visible from an adjacent property or a City right-of-way, continuously or intermittently, for a total duration of not more than 60 days in a calendar year.

(Ord. No. 764; Ord. No. 782; Ord. No. 830; Ord. No. 906; Ord. No. 923, §§ 1, 2, 12-5-2016)

On a lot zoned for residential use, a property owner may post, erect, and maintain signs of a sign area total as follows:

(Ord. No. 990, § 2, 6-20-2022)

On a lot zoned for commercial uses, one of the following methods shall be used to calculate the permitted sign area:

1.

If a business has street frontage, the following calculation may apply:

A.

One square foot of signage per every one foot of street frontage associated with a business.

B.

For a building that fronts more than one street, each street frontage shall be calculated separately. The allowable signage area per street frontage is not transferrable to any other building face of said building.

C.

Total allowed signage area shall not exceed the following maximums:

1.

The Beach Commercial (BC), Central Commercial (CC), Professional Commercial (PC) and Residential Commercial (RC) Zones shall have a maximum of 40 square feet;

2.

The North Commercial (NC) and Visitor Commercial (VC) Zones shall have a maximum of 60 square feet.

2.

If a business does not have street frontage, the following calculation shall apply:

(Ord. No. 906; Ord. No. 923, §§ 3, 4, 12-5-2016)

Notwithstanding the other provisions of this Chapter, the following regulations shall apply to signage for Outdoor Sales operations:

A.

Allowable sign size:

1.

Six square feet total of temporary signage per vendor stall, with such signage to be located within the perimeter of the individual vendor stall and installed so that no point of any sign exceeds eight feet in height.

2.

Ten square feet of permanent signage or six square feet of temporary signage for identification of the outdoor sales operation itself.

B.

Temporary signage allowed pursuant to this Section shall be exempt from the requirement for receipt of Design Review Permit. Permanent signage allowed pursuant to this Section shall be subject to the receipt of a Design Review Permit in accordance with the provisions of the DMMC.

(Ord. No. 718)

A.

Except as allowed by the provisions of this Chapter, it shall be unlawful for any person to post, erect, or maintain any sign within the City.

B.

It shall be unlawful for any owner of real property within the City to allow the posting, erection, or maintenance on such person's property of any sign which is in violation of the provisions of this Chapter.

C.

Unless authorized by other provisions of the Chapter, it shall be unlawful for any person to post, erect, or maintain any sign within the public right-of-way without first obtaining a Sign Encroachment Permit from the Planning Commission in accordance with this Chapter. (See Section 30.84.075)

D.

Criteria.

1.

No sign attached perpendicular to any building shall project more than 48 inches beyond the face of such building and any such projecting sign shall be a minimum eight feet above the finished grade below.

2.

No sign attached perpendicular to any building shall exceed 20 square feet in size.

3.

Freestanding Signs. All freestanding signs shall be located in a landscaped area or planter.

No freestanding sign greater than three feet in total height shall be permitted except where:

a.

The building is setback from the applicable property line by 20 feet or more; and

b.

Sign height does not exceed eight feet or two-thirds of the building height, whichever is less; and

c.

The sign is permitted upon a finding that it does not interfere with automotive or pedestrian sightlines.

4.

Balloons. Balloons used as signs shall comply as follows:

a.

Is considered a "Temporary Sign" and maintained for a duration of 30 days or less;

b.

Shall have a maximum diameter of no more than 12 inches when fully inflated; and

c.

Shall not be released into the atmosphere.

5.

Lighting.

a.

Any sign may be lighted externally, provided that the source of the light shall not be visible from any adjacent property or the public right-of-way.

b.

Any sign may be illuminated internally so long as such internal illumination does not illuminate more than 25 percent of that sign's area.

6.

A sign, and all of its supporting features, shall be maintained in a state of good repair and in accordance with the conditions of any permit issued for such sign. A sign or a portion thereof in need of repair shall be repaired or removed within ten days of notification by the enforcement officer.

7.

A-Frame Signs. A-Frame signs shall comply with all of the following:

a.

Installed/placed only during open business hours and removed at the close of business each day;

b.

Located entirely on private property, on the premises of the business establishment for which advertising is provided;

c.

Placed so as to not block access to a parking stall, drive aisle or pedestrian travel way;

d.

Limited to changeable message/copy for the advertisement of products or services available in the establishment for which advertising is provided;

e.

Composed of a hinged A-frame structure;

f.

Devoid of any strobe, blinking or flashing lights, electronic animation, or electronic reader copy;

g.

Devoid of any flags, balloons, pendants, flyers, handouts or other attachments; and

h.

Is anchored or secured to maintain the sign in a stable, upright position.

E.

Prohibited Signs. No sign shall be posted, erected or maintained:

1.

So as to obstruct a clear view of the street from any intersecting street;

2.

So as to obstruct access to a public street from a driveway;

3.

That moves, rotates, gives the illusion of movement, shimmers, blinks, involves a change of color or hue, flashes, or is intermittently illuminated;

4.

That interferes with the effectiveness of or obscures any official notice;

5.

That is placed on or projects above the roof of the structure on which the sign is constructed;

6.

That is attached parallel to a building and projects more than 16 inches beyond the face of that building;

7.

That interferes with automotive or pedestrian sightlines;

8.

That obstructs any door or fire escape of any building;

9.

That obstructs free passage over any public right-of-way;

10.

That would unreasonably obscure from public view existing, conforming signs on adjacent properties;

11.

That are attached to utility poles, street light standards (except when specifically authorized in Subsection 30.84.080.J., or trees;

12.

That is posted or attached to a truck or vehicle which is parked so as to be used as a sign;

13.

That is located within the public right-of-way unless approved in accordance with Section 30.84.075 of the Del Mar Municipal Code; and

14.

That presents an off-site message except as otherwise permitted in Section 30.84.070.

(Ord. No. 616; Ord. No. 709; Ord. No. 782; Ord. No. 906; Ord. No. 923, § 5, 12-5-2016)

A.

Monument signs shall comply with all of the following standards:

1.

Monument signs shall be subject to the limitations regarding Freestanding Signs, as contained in this Chapter;

2.

Monument signs shall not exceed eight feet in height, measured from the topmost point of the sign down to the lower of the finished or natural grade level adjacent to the base or supports of the sign;

3.

Monument signs shall not exceed two feet in depth (thickness);

4.

Monument signs shall not exceed 12 feet in width.

5.

Only one monument sign shall be allowed per street frontage of the business for which the monument sign is being installed.

B.

Notwithstanding the other provisions of this Chapter, the measurement of the sign size of a monument sign shall be calculated as follows:

1.

Where the business advertising and/or business identification messages (text, logos or other embellishments) are integrated into the construction material of the monument structure itself, the sign area shall be calculated as the smallest rectangle that can be applied around the perimeter of all of the advertising and/or identification messages (language logos, embellishments etc.), with such rectangle to include all intervening spaces between the advertising/ information messages.

2.

Where the business advertising and/or business identification messages (text, logos or other embellishments) are contained on a plaque, board or panel mounted or otherwise attached to the monument structure, the sign area shall be calculated as the size of the entire mounted panel.

C.

The "sign area" of a double-faced sign monument sign shall be calculated based on only one side (face) of the monument sign.

D.

The Design Review process to be implemented for monument signs shall in accordance with the regulations for Design Review of signage, as contained in the Del Mar Municipal Code.

E.

Any proposed lighting for illumination of a monument sign shall be included in the plans submitted for the design review process, as required under the DMMC. Additionally, any external lighting shall be designed and installed in a manner such that the light bulb, lamps or other source(s) of illumination are shielded so as to not be visible from adjacent rights-of-way or properties.

F.

In cases where a monument sign will include advertisements for two or more businesses, the submitted materials shall include a comprehensive plan for all materials and signage, so as to ensure consistency of design.

(Ord. No. 830)

Unless otherwise exempt pursuant to the provisions of this Chapter, the installation of new or replacement signage shall be subject to the receipt of a Design Review Permit or Administrative Sign Review Permit.

(Ord. No. 709)

The following signs may be erected and maintained without first having obtained a Design Review Permit or Administrative Sign Review Permit, provided that the sign is erected and maintained in accordance with the standards of this Chapter. The sign area of the signs identified below will not be included in calculating the sign area total of the property.

A.

Directional Sign. Directional signs not exceeding an area of one square foot so long as the sign is for on-site purposes and there is no more than one such sign for each street or alley frontage.

B.

Property Information. Signs for the purpose of advertising property for sale, lease or exchange, or advertising directions to the property by the property owner or agent may be displayed on real property owned by another with that person's consent if such signs are limited to the following information as permitted in State Law (Sections 712 and 713 of the Civil Code):

1.

That the property is for sale, lease, exchange or presented for viewing by the owner or his or her agent.

2.

Directions to the property.

3.

The owner's or agent's name.

4.

The owner's or agent's address and telephone number.

Nothing in this Section authorizes the display or placement of a sign on a public or private right-of-way.

C.

Temporary Signs. In all zones, a temporary sign may be posted, erected, or maintained in conformance with the provisions of this Chapter.

D.

Reserved.

E.

City-sponsored Cultural/Community Interest Signs, as regulated per this Chapter.

(Ord. No. 656; Ord. No. 709; Ord. No. 894; Ord. No. 923, § 6, 12-5-2016)

The performance of maintenance on a sign shall not require the receipt of a Design Review Permit or Administrative Sign Review Permit, provided such maintenance does not involve structural changes, or material or color changes to the sign.

(Ord. No. 656; Ord. No. 709)

A.

Unless otherwise provided in this Chapter, no sign shall be installed, posted, erected or maintained so as to encroach within a public right-of-way in a commercial zone without the prior receipt of a Sign Encroachment Permit.

B.

Where a Sign Encroachment Permit is required, the Planning Commission shall serve as the issuing authority.

C.

No sign Encroachment Permit shall be required for a blade sign which meets all of the parameters listed below.

Parameters for exemption:

1.

The sign has received all other required permits, including Design Review, or Administrative Design Review, as required by DMMC Chapter 23.08 or 23.09;

2.

The sign complies with all applicable regulations contained in this Chapter;

3.

The sign complies with the sign size parameters contained in the Sign Chapter of the Municipal Code;

4.

The sign is installed so that the bottom of the sign is elevated a minimum of eight feet above any adjacent sidewalk or walkway;

5.

The sign does not extend within five feet of the vertical extension above any driving surface;

6.

There is only one blade sign per business for each street frontage of the business;

7.

The sign is not an internally illuminated plastic ("can") sign; and

8.

The sign or sign support system does not extend more than four feet from the building wall, measured from the point at which the sign or sign support is attached to the building.

D.

No Encroachment Permit shall be required for a temporary sign located in a residential zone that is posted, erected, or maintained by the occupant of a dwelling unit or with the permission of the occupant, which meets all of the parameters listed below:

1.

No part of the sign encroaches into paved areas of streets, bike lanes, or sidewalks, unpaved walking areas, traffic circles, or center medians;

2.

The sign does not block automotive or pedestrian sightlines, or otherwise conflict with the public health and safety;

3.

The sign is not located on the public beach or within an environmentally sensitive resource location; and

4.

The sign complies with all applicable regulations contained in this Chapter.

(Ord. No. 813; Ord. No. 906; Ord. No. 990, § 3, 6-20-2022)

A.

An application for a Sign Encroachment Permit shall be submitted to the Department of Planning and Community Development on a form approved by the Director of Planning and Community Development. The application shall contain sufficient information and plans to permit review pursuant to this Chapter.

B.

The application shall be deemed to have been filed when:

1.

The Director has determined that all required information has been submitted in proper form; and

2.

The applicant has submitted to the City the required deposit regarding the processing fee.

C.

Within 60 days after receipt of all required materials of the sign application, the Director of Planning and Community Development or a designated representative shall cause the filed application to be presented at a noticed, public hearing conducted by the Planning Commission.

D.

At least ten days prior to the public hearing, notice shall be published and shall be mailed to property owners of record of real property within 300 feet of the project site.

E.

By resolution, the Planning Commission shall announce its determination which shall become final on the 11th day following such determination.

F.

The decision of the Planning Commission to deny a permit may be appealed to the City Council in accordance with Del Mar Municipal Code Chapter 1.12.

G.

An applicant may seek judicial review of a final decision on any sign permit application, pursuant to California Code of Civil Procedure § 1094.8. This provision does not limit an applicant's ability to seek judicial review by other means.

(Ord. No. 616)

The following standards shall be applied in review of Sign Encroachment Permit consistent with the Community Plan:

A.

A Sign Encroachment Permit shall be granted only when, because of special circumstances applicable to the property in terms of location or surroundings, the strict application of the sign regulations deprives such property of a privilege to post a sign for public view enjoyed by other property in the vicinity and under identical zoning classification.

B.

Any Sign Encroachment Permit shall be subject to such conditions as will assure that the grant of the permit will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

C.

A Sign Encroachment Permit shall not be granted if the applicant's inability to post a sign on private property so that the message is viewable by the public;

1.

Could be avoided by an alternative development plan; or

2.

Is self-induced as a result of an action taken by the current property owner or a prior owner of the property.

D.

A Sign Encroachment Permit shall not be granted if:

1.

Granting the permit would authorize or legalize the maintenance of a public or private nuisance; or

2.

The property can serve as a site for a sign whose access to public view is the same or better than the access enjoyed by other property in the vicinity and under an identical zoning classification.

(Ord. No. 616)

A.

The following conditions shall be imposed on all Sign Encroachment Permits:

1.

Design Review Board approval of design through the guidelines of Chapter 23 of the DMMC;

2.

City Traffic Engineer review for potential nuisance to traffic and safety hazards;

3.

Maximum size of the sign shall be specified so as to be in compliance with Section 30.84.040;

4.

Maintenance of the sign;

5.

Specific location of the sign shall be noted; and

6.

Hours per day for installation of sign specified.

B.

Conditions imposed upon the granting of a Sign Encroachment Permit shall be set forth in a covenant executed by the property owner and recorded with the County Recorder.

(Ord. No. 616)

In the event that one or more of the conditions imposed on the Sign Encroachment Permit is violated, the Director, upon notice to the permittee with an opportunity to present a response, may thereafter revoke the permit. The Director may reinstate the permit and impose additional conditions in conformity with the goals of the Chapter.

(Ord. No. 616)

The following are exempt from the regulations of this Chapter:

A.

Official notices posted or issued by a court or other governmental body.

B.

Signs posted, erected or maintained by the City or other governmental agencies.

C.

A governmental flag so long as there are not more than three different, or more than one of the same governmental flags displayed on a lot of record, (flag poles must receive Design Review Board approval).

D.

Religious symbols.

E.

The display of merchandise within any business premises.

F.

Signs which are located so as not to be visible from the public right-of-way, such as, without limitation, signs located in interior areas of shopping centers or commercial buildings.

G.

In all commercial zones, signs which are located within a structure and which are set back, in their entirety, 36 inches or more from the window, door or other transparent surface through which they are otherwise visible.

H.

In all commercial zones, signs which are located within a structure where some or all of the sign is within 36 inches of a door, window or other transparent surface through which the sign is visible, and where such signs meet all of the following criteria:

1.

Located such that no portion of the sign is directly attached to the window, doorway or other transparent surface through which the sign is visible from the public right-of-way;

2.

No individual letter or number included within the sign is in excess of one-half-inch in height or width;

3.

No individual sign for which a business claims the exemption provided in this Subsection is greater than 1.25 square feet in area;

4.

The cumulative total area of the signs for which a business claims the exemption provided in this Subsection is not in excess of 20 square feet;

5.

No portion of the sign is, in whole or part, internally lit; and

6.

The sign conforms with all of the other regulations in this Chapter.

I.

Temporary seasonal decoration which is not used as a display of advertising.

J.

Signs and banners located on City Property [as defined in Subsection 30.84.020.A.3.] and on street light standards in the public right-of-way in the Central Commercial (CC), and Public Facility (PF) zones, for the purpose of identifying the Downtown Village of Del Mar, or advertising a Community Event [as defined in Subsection 30.84.020.A.4.] provided the sign or banner meets all of the following criteria:

1.

Only one sign or banner identifying the Downtown Village of Del Mar, or advertising the Community Event is placed on a single City Property, or street light standard in the public right-of-way, at any one time;

a.

The sign or banner on a single City Property shall be no greater than 64 square feet in area, or four feet by 16 feet, of which a maximum of ten square feet may be devoted to identification of sponsorship of the Community Event;

b.

The banner on a single street light standard in the public right-of-way shall be no greater than 24 square feet in area, three feet by eight feet; and

c.

The bottom of the banner on a street standard shall be installed at a minimum of 16 feet above the roadway.

d.

The applicant shall provide and maintain all hardware.

e.

The banner may be two-sided and shall be made of durable cloth or canvas.

f.

All hardware installations, including mounting arms, shall be removed from the street light standards prior to November 24 each year to allow for City utilization during the month of December.

2.

The sign or banner shall be installed no sooner than one month prior to the date of the event being advertised and shall be removed no later than one week following the date of the event being advertised;

3.

The sign or banner shall not be placed in a manner that will cause an adverse impact on the health, safety or welfare of the public; and

4.

The application for the sign or banner has been reviewed, and the Director of Planning and Community Development, or her/his designee, has determined that it is in compliance with the provisions of this Section.

K.

In all commercial zones, signs used and intended solely for the purpose of indicating whether an establishment is open or closed, provided the total area of the sign does not exceed two square feet and provided that any internal illumination associated with the sign be turned off between the hours of 10:00 p.m. and 6:00 a.m. daily.

L.

In all commercial zones, a new-business sign provided the sign or banner meets all of the following criteria:

1.

The sign is installed only after the submittal of a complete City of Del Mar application for permanent business signage.

2.

The sign is removed not later than 30 days following the date of approval of the permanent signage or installation of the approved permanent signage, whichever occurs first.

3.

The total sign area does not exceed ten square feet.

M.

City-sponsored Cultural/Community Interest Signs.

1.

A City-sponsored Cultural/Community Interest Sign subject to the regulatory exemptions provided in this Section shall meet all of the following parameters:

a.

The sign will provide information to the public about a cultural or historic site, structure or amenity;

b.

The City-sponsored Cultural/Community Interest Sign will not include any business advertisements;

c.

The maximum size of the City-sponsored Cultural/Community Interest Sign will not exceed two square feet (288 square inches);

d.

The City-sponsored Cultural/Community Interest Sign will be designed and constructed of a material so as to be durable and weather resistant; and

e.

The City-sponsored Cultural/Community Interest Sign will be attached to a building, rather than being a free standing, pole or monument sign.

2.

The Director of Planning and Community Development (Director) shall be the designated City authority for a determination that a proposed City-sponsored Cultural/Community Interest Sign meets the parameters listed in this Section.

3.

A written request for a determination that a sign qualifies as a City-sponsored Cultural/Community Interest Sign shall be submitted to the Director a minimum of 15 calendar days prior to installation of the City-sponsored Cultural/Community Interest Sign.

4.

The Director's determination on the request shall be made in writing within 15 days of submittal of a complete request.

5.

The Director's determination is ministerial and, therefore, not appealable.

(Ord. No. 656; Ord. No. 764; Ord. No. 782; Ord. No. 894; Ord. No. 923, §§ 7, 8, 12-5-2016)

The City shall remove off-premise advertising display signs, as defined in the Outdoor Advertising Act, Business and Professions Code Section 5200 et. seq., in accordance with the provisions of Business and Professions Code §§ 5412 et seq. which regulate removal and the payment of compensation (Business and Professions Code §§ 5412—5413).

A.

Nonconforming Signs.

1.

Any on-premise sign which was lawful when erected and continues to comply with those prior regulations but which does not now conform to the regulations of this Code shall be deemed to be nonconforming.

2.

It shall be unlawful for any person to expand a nonconforming sign, contrary to the provisions of this Code. Nothing in this Chapter shall prevent the normal maintenance and repair of any nonconforming sign or sign structure during its effective life. Normal maintenance or repair shall be limited to only the following:

a.

Routine cleaning and painting which does not alter any aspect of the sign including changes of message, colors and materials.

b.

Replacing nuts, bolts, screws, or nails.

c.

Re-leveling the structure without the addition of guy wires or struts for stabilization.

3.

The extension, enlargement, replacement, or the rebuilding of a nonconforming sign is prohibited.

4.

When the designation of a sign as a non-conforming sign expires, the sign shall thereafter be illegal. The designation as a nonconforming sign shall expire in accordance with the following schedule:

5.

For signs within Subsection c. above, if such sign has been allowed to be depreciated for tax purposes by the Internal Revenue Service and evidence is presented that the cost has not been fully recovered upon expiration of said five-year period, such sign may remain classified as a nonconforming sign until its cost has been recovered in accordance with the depreciation schedule on the date that the sign became non-conforming. Documentation necessary to establish the remaining or undepreciated value shall be presented to the Director, prior to the expiration of the initial five-year period. The Director shall determine the validity of the claim and establish a new expiration, as appropriate. Appeals from decisions of the Director may be appealed in accordance with the provisions of this Code.

6.

On-premises advertising display signs within the provisions of Business and Professions Code § 5499 may be deemed to be in conformance by the Director upon application of the sign owner. The decision of the Director may be appealed in accordance with the provisions of this Code.

B.

Abatement of Nonconforming, On-Premise Signs.

1.

Nonconforming signs shall be removed or be brought into conformance with the regulations of this Code and the owner shall obtain all required permits for so doing upon the happening of any of the following:

a.

Expiration of the status as a nonconforming sign.

b.

The use of the nonconforming sign or the structure upon which it is displayed has been abandoned by its owner, for a period of 91 days or more.

c.

The sign has been more than 50 percent destroyed.

d.

If the building located upon the site is more than 50 percent remodeled, then the nonconforming sign must be made to conform with the provisions of this Code.

e.

The owner of the sign relocates or applies for permission to relocate the sign.

f.

The owner of the sign agrees with the City for its removal as of a given date.

g.

The sign is a danger to the public or is unsafe.

2.

Removal by Purchase. The City may remove a nonconforming on-premise advertising display by paying fair and just compensation in accordance with the Business and Professions Code §§ 5490 et seq. (Business and Professions Code §§ 5491, 5495)

A.

A sign is illegal and shall be removed if:

1.

It did not comply with the ordinance or regulations in existence at the time it was constructed, erected or initially used; or does not comply with the provisions of this Chapter and is not a nonconforming sign.

2.

It was a nonconforming sign but its designation has expired.

B.

A sign shall be considered abandoned and shall be removed if:

1.

The use of the sign or the structure upon which it is displayed has been abandoned by its owner, for a period of 91 days of more.

2.

The use that the sign is identifying has been abandoned for 90 days.

3.

The sign has been more than 50 percent destroyed.