Encinitas City Zoning Code
CHAPTER 30
60 SIGNS
§ 30.60.010 Purpose.
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 so doing, this chapter intends to enhance the visual environment of the City, to eliminate 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-discriminatory 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 property and the activities, services, and products available thereon rather than having the property owner use his or her allowable sign area to identify property, activities, services, and products located elsewhere.
D.
In addition to the sign regulations set forth in this chapter, each specific plan, identified in Chapter 30.84, Specific Plans, may have additional or separate regulations for signs for its plan area. Refer to individual specific plans, as referenced in Chapter 30.84, for sign regulations within each specific plan area.
(Ord. 92-42; Ord. 94-02)
§ 30.60.020 Definitions.
shall mean any and all devices, fixtures, structures, construction, cloth or backing which conveys a message in pictorial, symbolic, or worded form, placed for display to the outdoor public. "Sign" does not include windows in a building used by a religious organization or official notices posted by officers or issued by a court or public body.
is the entire area within a single, continuous 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.
is the total distance between the lowest existing grade below the base of the sign measured to the top of the highest sign element, including all structural elements and appendages.
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.
conveys a message which proposes a commercial transaction expressly related solely to the economic interests of the business person and the public; as may further be defined by judicial decision.
conveys a message of a commercial nature that is related to a lawful, residential use; for example, without limitation, a message that announces the sale, rental, or lease of residential property, a garage/yard sale, a reward for a lost animal, or a civic fund raising event, or a message announcing an on-site security system.
for the duration of a temporary use or six months, whichever is less.
is a sign which is not related to a lawful use occurring on the site; for example, without limitation: identification of an activity not occurring at the site of the sign, identification of a product not available at the site of the sign, or identification of property located elsewhere.
is a permanent structure sign which meets any one or more of the following criteria:
is a sign that does not identify, advertise or attract attention to a business, product or service, or propose an economic transaction. Typical examples include signs whose message addresses a topic of public concern or controversy such as, by way of example and not limitation, politics, religion, philosophy, science, art or social commentary. Any distinctions as to "on-site" or "off-site" do not apply to non-commercial signs.
(Ord. 91-12; Ord. 2008-15; Ord. 2015-01)
§ 30.60.040 Authority.
Unless otherwise provided in this chapter, a person may erect a sign in conformity with the provisions of this chapter:
A.
After obtaining a building permit, if required by this Code; or
B.
After obtaining a sign permit from the Director of Planning and Building; or
C.
After obtaining a design review permit from the appropriate, authorized agency.
(Ord. 2003-08)
§ 30.60.050 General Regulations.
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 this chapter, it shall be unlawful for any person to post, erect or maintain any sign within the public right-of-way or upon public property.
D.
The provisions of this chapter do not apply to signs posted, erected or maintained by the City on public property for a proper, public purpose. Such signs include traffic/pedestrian control signage. All other City signs shall be subject to the regulations of this chapter.
E.
No sign shall be posted, erected or maintained:
1.
Within a setback imposed within this chapter on the real property on which the sign is to be located, unless otherwise provided in this chapter.
2.
So as to obstruct a clear view of the street from any intersecting street or access to public street such as driveways.
3.
That is illuminated if the sign faces residentially zoned property except as otherwise provided in this chapter.
4.
That moves, flashes, or is intermittently illuminated. Wind propellers and other noise creating devices shall not be permitted. Time and temperature signs shall be permitted subject to the standards and sign area requirements for the specific sign type.
5.
That interferes with the effectiveness of or obscures any public sign.
F.
Signs shall be maintained both visually and structurally to City standards; i.e., Uniform Building Code and design review requirements.
G.
No sign shall be erected so as to obstruct any door or fire escape of any building or to obstruct free passage over any public right-of-way.
H.
No sign shall be erected that would unreasonably obscure from any public view existing, conforming signs on adjacent properties.
I.
No sign shall be erected so as to block significant scenic views or detract from the natural beauty of the City as identified in the General Plan.
J.
No inflatable attention getting devices or sign painted on or affixed to a balloon which in turn is attached to a structure or the ground shall be permitted.
K.
No vehicle or trailer shall be parked that is utilized as a portable sign for the purpose of providing directional signage, additional on-site signage, or an attention getting device.
L.
Billboards. New billboards are prohibited. This prohibition does not limit agreements to relocate presently existing legal billboards, as long as such billboards are relocated to locations outside of the Coastal Zone, as encouraged by state law including, but not limited to, Business and Professions Code Section 5412. This prohibition does not apply to presently existing billboards which complied with all legal requirements at the time of installation.
M.
Message Substitution. Subject to the property owner's consent, any noncommercial message may be substituted, in whole or in part, for any legally existing commercial message or any legally existing noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. In addition, any unused allowance for signage may be used for temporary display of any non-commercial message; a permit for such signage is required only when a new sign qualifies as a structure within the meaning of the Building Code. Substitution of message may be made without any additional approval or permitting. The purpose of this provision is to prevent any favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to exceed the total amount of permanent signage on a site or parcel; it does not create a right to substitute an off-site commercial message in place of an on-site commercial message, or in place of a noncommercial message; it does not affect the requirement that a sign structure or mounting device be properly permitted; and it does not authorize changing the physical method of message display without a permit. Message substitution is a continuing right that may be exercised any number of times.
(Ord. 2008-15; Ord. 2010-02)
§ 30.60.060 Exempt Signs.
The following shall be exempt from obtaining permits. However, signs must still meet the standards of this chapter. The sign area identified below will not count toward the permitted sign area unless specified.
A.
Bulletin Boards. Bulletin boards for charitable or religious organizations, provided that such signs do not exceed an area of four square feet per face and are not illuminated.
B.
Commemorative Signs. Commemorative signs or plaques of not more than four square feet.
C.
Danger Signs. Danger signs, railroad crossing signs and signs of public utility companies indicating danger and aids to service or safety.
D.
Incidental Signs. Signs which are customarily accessory or subordinate to the principal signs for nonresidential uses. Such signs may include but are not limited to credit cards, trade affiliations and the like. A maximum of four square feet is permitted and may be attached to a freestanding sign or building.
E.
Informational Signs. Directional, warning or informational signs required or authorized by law which are erected by federal, state, county, municipal, or district officials.
F.
Notices. Official notices issued by a court or public body or office and posted in the performance of a public duty.
G.
Occupant Directory Sign. Occupant directory sign of not more than four square feet.
H.
Signs Blocked from Public View. Signs which are not intended to be viewed from public streets and/or beyond the premises and are not visible therefrom such as signs in interior areas of shopping centers, commercial buildings and structures, stadiums, and similar uses of a recreational or entertainment nature. Interior areas shall be areas visible and utilized by pedestrians. Signs visible from parking areas and other public areas shall be subject to these regulations.
I.
Sign Copy Change/Maintenance. Changing the copy of a sign and/or performing maintenance which does not involve structural changes.
J.
Tenant I.D. Signs. Tenant identification signs, provided that all of the following conditions hold:
1.
No more than two such signs having an area of not more than four square feet each may be placed on a building facing or fence per tenant.
2.
The sign copy shall be limited to name, occupation, street address, telephone number, date of establishment, trade organization associations, names of products produced under registered trade names, and other comparable sign copy of a non-advertising nature, which copy may relate to one or more separate establishments.
K.
Trespassing/Parking Signs. "No Trespassing," and "No Parking" and similar warning signs.
L.
Use Permit Signs. For any use type allowed by the granting of a use permit, placement, number, and size of on-premises signs may be determined by the conditions of approval of the use permit.
M.
Vehicle Signs. Signs on licensed commercial vehicles, provided such vehicles are not used or intended for use as portable signs.
N.
Window Signs. Temporary window signs constructed of paper, cloth or similar expendable material, provided that the total area of such signs shall not exceed 25% of the window area as measured pursuant to Section 30.60.020B. Temporary window signage is limited to a maximum of 90 days. The square footage of the sign is determined by taking 25% of the windows located on the same side of the tenant space of the building where the sign is to be located. The window sign may be located on any of the windows that are located within the window area of where the square footage was determined.
(Ord. 97-17; Ord. 2017-03)
§ 30.60.070 Residential Permanent Sign Standards.
On property zoned for residential use, the property owner may post, erect, and maintain signs subject to the general regulations of this chapter and the following standards:
A.
Message signs shall present only a noncommercial message or an ancillary commercial message.
B.
Area—Five Square Feet. Signs shall have an area that does not exceed five square feet. For parcels with a minimum of five acres and having dual access an additional five square feet of signage is permitted for posting at the additional vehicular access point.
C.
Quantity—One Per Dwelling. No more than one sign per dwelling unit (refers to multi-unit projects).
D.
Setback—Two Feet From Property Line. Signs may be placed within building setbacks, but shall not be placed within two feet of any public right-of-way nor within two feet of any property line.
E.
Height—Four Feet. Freestanding signs shall not exceed four feet in height. Signs attached to a building must be below the roof line.
F.
Structure. Signs shall either be attached to a building or affixed to rods, poles, or freestanding wall. Temporary signs may be placed in a window.
G.
Other. Signs shall not be illuminated except to identify the address and occupant of the property.
H.
Identification sign shall be permitted up to a maximum aggregate area for all signs of 32 square feet identifying a residential development of five or more units or nonresidential uses authorized in residential zones. The signs may be located on each entry affording primary vehicular access to the site and shall be integrated into an approved landscape plan and shall have a maximum height of six feet. Two signs may be permitted, one on each side of the road, at the project entrance as long as the aggregate total does not exceed the allowed maximum of 32 square feet.
(Ord. 97-17; Ord. 2015-01; Ord. 2017-03)
§ 30.60.080 Residential Temporary Sign Standards.
The property owner may post, erect, and maintain signs on property zoned for residential use consistent with the general regulations of this chapter and the following standards:
A.
Area—Three Square Feet. Signs shall not exceed three square feet per side and may be double sided signs.
B.
Height—Five Feet. Signs shall not exceed five feet in height unless attached to the building below the roof line.
C.
Quantity. A maximum of two signs is permitted; however, the total area of both signs cannot exceed three square feet area.
D.
Other. Refer to setback, height, structure, message or "other" standards of the permanent sign standards for property zoned for residential use.
E.
All temporary signs in residential zones to be nonilluminated signs.
F.
Balloons, Flags and Pennants. Balloons, flags and pennants shall be permitted provided that they are securely tied down and are displayed for daylight hours only.
G.
Signs for Major Subdivision. Where property is subdivided into five or more lots, the initial sale of the resulting lots may be announced by a temporary on-site sign not to exceed 16 square feet and a maximum of six feet in height is permitted without review. This is in addition to temporary sign standards for property zoned for residential use. The signs shall be removed upon the completion of the initial sale of all of the resulting subdivided lots. The maximum permitted sign area and height may be increased to a maximum of 32 square feet and eight feet in height provided a design review permit is approved first.
H.
Vacant residentially zoned property that is unsubdivided property shall be permitted eight square feet in area of temporary signage. The temporary sign may be double-sided. The temporary sign shall not exceed eight feet in height. For purposes of this section, an unsubdivided parcel shall mean a parcel that could yield five or more units based on the maximum density of the land use category where the property is located. Additional square footage shall be permitted based on the following conditions:
1.
When the property is located on a Circulation Element road the temporary signage shall not exceed 32 square feet.
2.
When located on property having a 500-foot and above street frontage, the temporary signage shall not exceed 32 square feet.
3.
When located on property having 300-foot to 500-foot street frontage, the temporary signage shall not exceed 16 square feet.
(Ord. 93-01; Ord. 2017-03)
§ 30.60.100 Nonresidential Permanent Sign Standards.
On property zoned for nonresidential use, after first obtaining a sign permit to insure that the proposed sign conforms to the provisions of this Code, the property owner may post, erect, and maintain signs consistent with the general regulations of this chapter and the following basic allowance:
A.
Message permanent commercial signs shall present only a message which is consistent with the commercial uses for which the property is zoned, except no off-site commercial messages shall be presented.
B.
General Provisions. On-premises signs may be erected, constructed, placed, created by painting, structurally altered, relocated or maintained provided that a building permit has been issued subject to the following standards and standards of this chapter:
1.
On-premises signs are permitted on sites subject to use permits in accordance with the terms and conditions of the use permit. Signs may be altered, relocated or added upon the issuance of a minor use permit provided that such change is not specifically prohibited by the use permit condition.
3.
Lighting. Signs may be illuminated unless otherwise specified in this chapter provided such signs are so constructed that no light bulb, tube, filament or similar source of illumination is visible beyond the property lines.
a.
Neon signs are permitted provided they do not flash. The use of neon tube lighting to accent a building, portions of a building, or a building's windows, that does not constitute a sign, requires design review before the Planning Commission.
b.
Signs making use of lights to convey the effect of movement, or flashing, intermittent or variable intensity lighting, or become a distraction/hazard to drivers, shall not be permitted, unless otherwise approved by design review by the Planning Commission. This restriction shall not apply to signs which convey information such as time, temperature, or weather, however, said sign shall be included in permitted sign area.
4.
Sign Program for Multi-Tenant Buildings. Sign programs shall be required for all buildings with six or more tenants. Sign programs shall remain in force until a new program is submitted and approved. Signs within approved sign programs shall be required to obtain permits, submit applicable fees and shall be in conformance with the approved sign program. Appearance before the Planning Commission is not required unless so determined by the Director of Planning and Building. Sign programs shall integrate with the architecture of the building complex, including such elements as size, color, location, and construction material. The sign program is to encourage excellence in design allowing for creativity and art in signage. A sign program may be approved which varies from the specific limitations of the sign ordinance if the Planning Commission finds that unusual circumstances such as architecture and site design are present.
C.
Freestanding/Monument Signs.
2.
Area. The area of a freestanding sign shall not exceed one square foot for each linear foot of street frontage, provided the area does not exceed 175 square feet.
Eight-inch high numbers shall be provided on the freestanding sign that clearly identify the address of the subject site and is located on the freestanding sign that provides maximum visibility. The color of the numbers shall contrast with the background color of the sign. The sign area utilized for the project address shall be in addition to the sign area for the freestanding sign.
3.
Height. A freestanding sign shall not exceed a height of eight feet. Height increases of four feet to a maximum sign height of 12 feet may be permitted with a minor use permit for multi-tenant signs and freeway-oriented signs for freeway service facilities provided documentation, in the form of sight lines or other similar means, is submitted which indicates that the additional height is necessary to provide necessary site/business identification due to topographical or other site constraints and views are not blocked.
4.
Structure. Pole signs are prohibited. Signs must either be mounted on a wall or structure having a solid base on the ground, or mounted on two posts having a minimum width dimension of eight inches.
5.
Materials. Monument signs shall be constructed of high quality, durable material with cabinets and bases primarily constructed of natural materials such as wood, tile and stucco with a minimal amount of metal and/or plastic materials. Materials used for monument signs shall match and/or complement the materials used within the plaza or on the commercial building(s).
6.
Design. The design of the monument sign shall match and/or complement the architectural style of the building or plaza (i.e., no modern style monument signs with a mission style building).
7.
Colors. Colors of the monument sign(s) shall be consistent with the sign program of wall signs, directional signs, etc. within the commercial center or plaza.
8.
Maintenance. Monument signs shall be maintained in good condition, and whenever necessary, shall be replaced or repaired with new materials to ensure that such signs will not depreciate adjacent property values or otherwise adversely affect adjacent properties.
D.
Wall Signs.
1.
Area. The maximum area of wall signs, including permanent window signs, on a single building exterior shall be calculated as one square foot per linear foot of building on the side where the main entrance to the establishment is located, with a maximum of 100 square feet.
2.
Location. Wall signs may not project above the top of a parapet, the roof line at the wall, or roof line. Wall signs shall be permitted on a parapet wall when the wall is above the roof line. Wall signs shall be permitted on the lower half of roofs when it can be proven that other locations are not visible.
3.
Height. Wall signs shall not exceed the height of the ceiling of the second story of the building.
E.
Projecting Signs. Projecting signs including canopy signs may be erected or placed in accordance with the following provisions:
1.
Number. An establishment with frontage on a street may have one projecting sign along each street instead of a freestanding sign.
2.
Area. The area of a projecting sign shall not exceed six square feet. The area of an awning/canopy sign shall not exceed four square feet except as provided in paragraph 6 of this subsection E. A projecting or canopy sign may be allowed to project over a public sidewalk pursuant to approval of an encroachment permit.
3.
Height. Projecting signs may not extend above the roof line at the wall or above the top of a parapet wall.
4.
Installation. Support members shall be a part of the architectural design of the sign, and sign shall be free of unsightly supports or attachments.
5.
An establishment may have one projecting sign and one awning sign.
6.
Canopy signs in excess of four square feet may be utilized in lieu of a wall sign. Sign area shall be based on the sign area for a wall sign.
F.
Other Sign Types. In addition to the foregoing types of signs, the following signs shall be permitted in any location. The area of these signs shall be in addition to the above-mentioned maximum sign areas.
1.
Directional Signs. Signs to direct or control on-premises traffic or parking provided such signs do not exceed an area per face of eight square feet or a height of eight feet.
2.
Accessory Sign—Drive-In and Drive-Through Businesses. Such signs shall not be designed to be viewed from beyond the premises and each shall not exceed 25 square feet per frontage.
3.
Service Station Signs. One sign relating to grades and prices of gasoline and diesel fuel shall be permitted per street frontage. Maximum price signage shall be consistent with State Codes (13530 Business and Professions Codes).
4.
Mobilehome and Recreation Vehicle Park Signs. Signs located within mobilehome or recreational vehicle parks may be permitted subject to the following:
a.
One wall sign or freestanding sign identifying the mobilehome or recreational vehicle park is permitted adjacent to each street which provides primary access to the park. No freestanding sign shall exceed a height of six feet. No sign shall exceed 16 square feet in area.
b.
One directional sign without any advertising at each driveway. Each sign shall not exceed eight square feet or six feet in height. Directional signs may be lighted.
5.
Major Stores Not Having Street Frontage. Retail establishments which have a floor area in excess of 50,000 square feet and are so located within a shopping complex that they are not afforded street frontage shall be allowed signs as follows:
a.
One single-face sign per major or secondary street frontage, not to exceed 50 square feet in area per store affected. The signs shall be allowed for no more than two street frontages.
b.
The location of the signs shall be determined by the Planning Commission and shall be located in an area which is in accordance with the intent of the provisions of this chapter, in the opinion of the Planning Commission, in keeping with the architectural design of the shopping center.
6.
Shopping Complex Identification Signs. In addition to main identification signs allowed under this chapter for individual businesses, a separate sign identifying a building or complex of businesses may be allowed as part of an approved sign program. This sign shall not exceed 20 square feet.
7.
Pedestrian Oriented Signs. Pedestrian oriented signs, such as projecting, hanging or wall signs, are permitted at a maximum of six square feet and are not visible from streets or parking areas. Only one pedestrian oriented sign is permitted per tenant. The lower edge of a hanging or projecting sign must be a minimum of seven feet from the ground.
8.
Off-Site Directional Signage. One 16 square foot off-site directional signage shall be permitted subject to the following:
a.
The property is zoned general commercial (GC) and does not front on a Circulation Element road.
b.
The property is at least four acres in size.
c.
The placement of the directional sign shall be on private property and located at the nearest intersection of the local road that the commercial use fronts and the Circulation Element road.
d.
The sign shall be subject to administrative design review and shall be located in an area which is in accordance with the provisions and intent of this chapter.
e.
The maximum height of the sign shall not exceed eight feet.
(Ord. 91-12; Ord. 93-01; Ord. 95-04; Ord. 96-07; Ord. 97-17; Ord. 2003-08; Ord. 2015-01; Ord. 2017-03)
§ 30.60.110 Nonresidential Temporary Sign Standards.
In addition to the permanent sign standards, the property owner may post, erect and maintain temporary signs and banners with an approved temporary sign permit on property zoned for non-residential use consistent with the general regulations of this chapter and the following standards:
A.
Temporary signs shall not exceed 16 square feet per side nor eight feet in height. Signs may be double-sided. The number of temporary signs is limited to two signs. The total area of all temporary signs cannot exceed 16 square feet in area.
B.
Banners. Banners for nonprofit special events may be displayed no more than 14 days prior to the start of the event and must be removed within three days after the end of the event. A maximum of one banner is permitted not to exceed 24 square feet. Banners can be attached to a building or two posts. The height of a banner when attached to the building shall not extend above the roof line. When attached to posts, the height shall not exceed eight feet. The banner may be double sided.
C.
Grand opening/closing banners for businesses may be displayed a maximum of 60 days after the initial opening of a business, or 60 days prior to the official close of the business. A maximum of one banner is permitted not to exceed 24 square feet. Banners may be attached to a building or two posts. The height of a banner when attached to the building shall not extend above the roof line. When attached to posts, the height shall not exceed eight feet. The banner may be double-sided.
D.
Banners over public rights-of-way shall be permitted subject to the standards established by the City and approved by the City Manager or designee. Banners are for civic and nonprofit City-wide recognized special events. The banner shall not exceed 45 square feet in area and shall be located only on City-approved structures. The banners may be displayed no more than 14 days prior to the start of the event and must be removed within three days of end of the event. Installation shall be to City specifications. Fees to recover City costs in reviewing the applications shall be established by the City Council.
E.
Commercial Banners. On-site banners for nonresidential uses may be displayed for a period of 60 days within a 12-month period. No more than one banner is allowed at a time, with a maximum of four banners within the 12-month period. Banners may bear a design, logo, motto and/or slogan, messages for sales and special promotions, except no off-site commercial message shall be permitted. The maximum area shall not exceed 24 square feet. The banner must be attached to the building or two posts on the site and may be double sided. Attachment to the roof or parapet wall is not permitted. The banner can not extend above the ridge line of a structure. The banner must be constructed of quality, durable material that is weather resistant.
F.
Seasonal Sales Lot. Banners or temporary signs may be allowed for seasonal sales lots that have received the appropriate solicitors permit and comply with all applicable health and safety codes. The sign or banner may be displayed a maximum of 45 days prior to the holiday and must be removed within three days thereafter. A maximum of one sign or banner per street frontage is permitted not to exceed 16 square feet each. The sign or banner may be attached to a fence or two posts and shall not exceed eight feet in height. Signs or banners attached to two posts may be double sided.
G.
Balloons, Flags and Pennants. Balloons, flags and pennants shall be permitted provided that they are securely tied down.
(Ord. 97-17; Ord. 2017-03)
§ 30.60.120 Off-Site Temporary Sign Standards.
A.
Permission Required Before Erecting an Off-Site Sign on Property Not Owned by the Sponsor. The sponsor of an off-site sign may only locate the sign on properties that provide the minimum amount of directional signs necessary to the subject parcel. Permission of the owner of the real property where the sign is located must be obtained to use all or a portion of the property's permanent or temporary sign allowance in accordance with the regulations applicable to signs on the property. A maximum of three signs per off-site parcel are permitted and may only be displayed during daylight hours. Off-site directional signs shall be a maximum of three square feet and shall not exceed five feet in height.
B.
Off-Site Signs for Subdivision.
1.
Where the property is subdivided into five or more lots, the initial sale of all the resulting lots may be announced by one off-site directional sign not to exceed 16 square feet and a maximum of six feet in height if a design review permit is first obtained. This is in addition to temporary sign standards for property. Signs shall be removed upon the completion of the initial sale of the subdivided lots.
2.
Any subdivision of land may provide an off-site direction sign of three square feet in size and may be displayed with no restriction to daylight hours.
(Ord. 2017-03)
§ 30.60.130 Procedure.
A.
An application to construct a sign shall be submitted to the Planning and Building Department together with the applicable processing fee. The Planning and Building Department shall consider the standards established in the City's Design Guidelines when evaluating sign permit requests. The following signs shall require approval from the Planning and Building Director:
B.
All nonexempt signs are subject to review by the Planning and Building Director with the exception of signs proposed as a part of a new project that is subject to design review. Signs included as a part of a design review application shall be reviewed by the agency authorized to issue the design review permit (Planning and Building Director, Planning Commission, or City Council).
C.
A temporary sign permit shall expire within six months of the date issued. Should the temporary use be longer than six months, the sign permit may be renewed.
D.
Processing sign permits shall be limited to the following time periods. Should the City not take action on a sign within these time periods, the sign shall be deemed approved, provided it meets the standards outlined in this section.
(Ord. 97-17; Ord. 2003-08; Ord. 2015-01; Ord. 2017-03)
§ 30.60.140 Abatement/Removal of Off-Premises Nonresidential Signs.
The director shall remove off-premises advertising display signs, as defined by the Outdoor Advertising Act, Business and Professions Code, Section 5200 et seq. in accordance with the provisions of Business and Professions Code Section 5412 et seq., which regulate removal and the payment of compensation.
§ 30.60.150 Nonconformity/Abatement/Removal of Illegal Signs, On Premises.
A.
Nonconforming Signs.
1.
Any on-premises 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.
Changes in message.
b.
Routine cleaning and painting.
c.
Replacing of nuts, bolts, screws or nails.
d.
Releveling or plumbing the structure without the addition of guys or struts for stabilization.
Any changes such as extensions, enlargements, replacements, or the rebuilding of a nonconforming sign is prohibited.
3.
When the designation as a nonconforming sign expires, the sign shall thereafter be illegal. The designation as a nonconforming sign shall expire in accordance with the following schedule:
Sign | Expiration |
|---|---|
a. Display in residential area | In accordance with B&P 5412.1 |
b. Display in agricultural area | In accordance with B&P 5412.2 |
c. On-premises advertising display defined by B&P 5490 | 15 years from date of adoption of current regulation |
d. Other signs five years from adoption of current regulation. | |
4.
For signs within paragraph 3 of this subsection A, 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 the 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 nonconforming. 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 shall be processed in accordance with the provisions of this Code, Chapter 1.12.
6.
The sign is not a temporary sign.
B.
Abatement of Nonconforming, On-Premises Signs.
1.
Nonconforming signs shall either 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% destroyed, and the destruction is other than facial copy replacement, and the sign cannot be repaired within 30 days of the date of its destruction.
d.
The owner of the sign, outside of a change of copy, requests permission to remodel and remodels the sign, or expands or enlarges the building or land use upon which the sign is located, and the sign affected by the construction, enlargement or remodeling, or the cost of construction, enlargement or remodeling of the sign exceeds 50% of the cost of reconstruction of the building.
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 or may become a danger to the public or is unsafe.
h.
The sign constitutes a traffic hazard not created by the relocation of streets or highways or by acts of the City.
(Ord. 2017-03)
§ 30.60.160 Illegal and Abandoned Signs.
A.
A sign is illegal if:
1.
It did not comply with the ordinances or regulations in existence at the time it was constructed, erected or initially used.
2.
It was a nonconforming sign but its designation has expired (Section 30.60.150A and B).
B.
The Director shall be responsible for creating and maintaining an effective program for eliminating illegal signs either by removal or reconstruction in accordance with the provisions of this Code.
C.
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 or more.
2.
The sign has been more than 50% destroyed, and the destruction is other than facial copy replacement, and the sign cannot be repaired within 30 days of the date of its destruction.
3.
The use that the sign is identifying has been abandoned for 30 days.