(a)

The purpose and intent of this chapter is to promote and protect public health, safety and welfare by regulating signs in order to assure that they are:

(1)

Well-designed, consistent with any design criteria otherwise applicable to the sign property, compatible with community character and harmonious with surrounding properties, buildings, and streetscapes;

(2)

Clear and legible in the circumstances in which they are seen, including for purposes of promoting awareness of local businesses and activities;

(3)

Appropriate to the type of business or activity to which they pertain; and

(4)

Displayed in a manner that does not harm public health, safety and welfare.

(b)

This chapter is not intended to be exclusive and compliance with its provisions shall not excuse noncompliance with any federal, state, or other local laws.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

Permit required. It shall be unlawful for any person or entity to display, erect, install, or maintain any sign requiring a permit under this chapter without obtaining and holding in full force and effect a permit issued in accordance with this chapter. Permits shall be issued by the City Manager and require submittal of an application, as well as the payment of fees established by resolution of the City Council. The City Manager shall approve an application for a sign permit if the proposed sign is consistent with this chapter and any applicable specific plan, sign program, design criteria or other special design approval regulation. Unless the City requires additional information to determine whether the proposed sign is consistent with applicable standards, the sign permit shall be issued within 30 days of submittal of the application.

(b)

Special design approval criteria to apply. All signs shall be consistent with any design criteria otherwise applicable to the sign property. Signs located within the boundaries of a specific plan, sign program, or other special design approval area shall comply with all criteria established by such plan, program, or area.

(c)

Interpretation of provisions. Where a matter of interpretation arises regarding the provisions of this chapter, the more specific or more rigorous standard shall prevail. In the event of any dispute as to the application of potentially conflicting or inconsistent standards, the applicant may appeal the issue to the Board of Appeals pursuant to the procedure set forth in Section 13.24.050 of this Code.

(d)

Maintenance. Signs, together with frames, supports, braces, anchors, and related components, shall be maintained in good condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair, free of graffiti and other such markings, not discolored or faded, and painted where paint is required. The City may order the repair or removal of any sign that is unsafe, defective, damaged, or unsatisfactorily maintained.

(e)

Property owner approval. Nothing in this chapter is intended to permit the placement, display, erection, installation, or maintenance of any sign without the approval of the owner of the sign property.

(f)

Use of the City seal. Use of the City seal or any portion thereof is prohibited without prior written approval from the City Manager.

(g)

Message substitution. Subject to the consent of the owner of the sign property and the sign owner, a noncommercial message of any type may be substituted, in whole or in part, in place of any commercial message or any noncommercial message, provided that the sign structure or mounting device is legal or legal nonconforming without consideration of the message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter or any other City regulation relating to signs, including without limitation, interim ordinances. The purpose of this provision is to prevent any inadvertent 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 increase the total amount of signage on the sign property, nor change the type or nature of permissible signs, nor does it affect the requirement that a sign be properly permitted.

(h)

Appeals. Any determination of the City Manager under this chapter shall be appealable to the Board of Appeals pursuant to the procedure set forth in Section 13.24.050 of this Code.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

For the purposes of this chapter only, the following words, phrases, and terms as used in this chapter shall have the meaning as indicated below.

Abandoned sign shall mean any sign whose use has ceased or has been discontinued for a period of at least 90 consecutive days, or a sign identifying a business that has not occupied the premises for at least 90 consecutive days.

Advertising device/display shall mean any contrivance, statue, or structure, other than a sign, used to attract attention or make anything known for the purpose of promoting (either directly or indirectly) the use of products or services of any person or business, including but not limited to a balloon, flag, pennant, propeller, or an oscillating, rotating, or pulsating light.

Awning signs shall mean any sign incorporated into an awning or canopy.

Banner sign shall mean any sign hung either with or without frames, possessing written communication applied to nonrigid paper, plastic or fabric of any kind.

Changeable copy sign shall mean any sign with copy that is intended to be replaced without any change to sign location or construction.

City Manager shall mean the City Manager or his or her designee.

Easel sign shall mean a temporary sign with an upright tripod construction, that is not permanently affixed on or upon the ground, and which is neither attached to nor a part of any building or structure.

Electronic message board sign shall mean a sign with a fixed or changing display composed of a series of lights.

Flag shall mean a piece of fabric of distinctive design that is used as a symbol, as a signage device, or as a decoration.

Flag pole shall mean a freestanding pole used to display a flag.

Freestanding temporary sign shall mean a temporary sign of A-frame or sandwich board construction, that is not permanently affixed on or upon the ground, and which is neither attached to nor a part of any building or structure. Easel signs are not considered freestanding temporary signs.

Legal nonconforming sign shall mean a sign lawfully existing on the effective date of an ordinance, or amendment thereto, that renders such sign nonconforming because it does not conform to all standards and regulations of the ordinance.

Monument sign shall mean a freestanding ground sign generally having a low profile with little or no open space between the ground and the sign and having a structure constructed of masonry, wood, or materials similar in appearance.

Multi-unit real estate sign shall mean shall mean a sign indicating that one or more units on the sign property are for sale, lease, or rent.

Off-site sign shall mean a commercial sign that is not located on the same premises as the business or activity identified or advertised by the sign.

Pedestrian sign shall mean a small sign readable primarily from the abutting sidewalk or other walkway, but generally not readable from the street, primarily designed to direct pedestrian traffic.

Permanent sign shall mean a sign attached to a building, structure, or the ground in a manner that enables the sign to resist environmental loads, such as sun, wind and rain, and precludes ready removal or movement of the sign.

Pole sign shall mean a freestanding sign directly supported by a pole or poles with air space between the grade level and the sign face.

Political sign shall mean a sign where text is limited to noncommercial speech pertaining to global, national, state, or local candidates or issues or other protected political expression.

Portable sign shall mean any vehicle or trailer which is parked or used as a stationary display on public or private property and has attached thereto, or located thereon, any sign or advertising device/display for the basic purpose of providing advertisement or directing people to a business or activity located on the same or nearby property or any other premises. This definition is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business.

Real estate banner sign shall mean a banner sign, as that term is defined in Section 13.06.010 to this Code, indicating that one or more units on the premises on which the sign is located are for sale, lease, or rent.

Residential unit frontage shall mean a side of a residential unit facing a parking lot, public or private street or driveway entrance.

Roof sign shall mean a sign erected upon or above the roof of a building or above a parapet wall. Signs on mansards shall be considered roof signs.

Shopping center identification sign shall mean a sign that is used to identify the name of a shopping center, as that term is defined in Section 13.06.010 to this Code, and/or its tenants.

Sign shall mean any device used for visual communication or attraction, including any announcement, declaration, demonstration, display, illustration, insignia, or symbol used to advertise or promote the interests of any person, together with all parts, materials, frame, and background thereof.

Sign program shall mean a comprehensive sign plan that the City has permitted pursuant to Section 13.20.160 of this Code that identifies location, size, design, and color of signs within a shopping center or for another property in order to achieve aesthetically appealing and compatible signage.

Sign property shall mean the property on which the sign is proposed to be placed.

Single-unit real estate sign shall mean a sign indicating that the unit on the sign property is for sale, lease, or rent.

Special event shall mean an event that the City has permitted pursuant to Chapter 7.20 of this Code.

Street frontage shall mean the side of a site adjacent to a public or private street.

Temporary sign shall mean a sign which, by design, is unlikely to resist environmental loads, such as sun, wind and rain, over a long period of time and can be readily removed or moved.

Tenant frontage shall mean the side of a tenant's portion of a building facing a parking lot, public or private street or driveway entrance.

Wall sign shall mean a sign attached to, erected on, painted on or otherwise affixed to the exterior wall of a building or structure in such a manner that the face of the sign is approximately parallel to the exterior wall of the building and exposed to the exterior side of the building. Signs and/or advertising displays in or on windows are not considered wall signs.

Window sign, permanent shall mean any sign exposed to public view that is permanently affixed to the interior or exterior surface of a window and only identifies the name of the business, hours of operation, and/or address for which the sign is displayed.

Window sign, temporary shall mean any sign temporarily attached, painted, posted, or displayed flush against a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. A banner sign on the exterior of a window shall not be considered a temporary window sign. For the purpose of this chapter's sign regulations, the term "window" shall also include vehicle bays with full doors that are closed when not in use.

(b)

All other definitions relating to signs are incorporated within the definitions contained in Section 13.06.010 to this Code.

(Ord. No. 14-02, § 4, 12-17-2014; Ord. No. 22-02, § 4, 10-19-2022)

(a)

Traffic safety. No sign shall obstruct any parking area or the free and clear vision and movement of pedestrian or vehicular traffic.

(b)

Off-site signs. All signs shall be located on the same premises as the business or activity identified by the sign unless specifically permitted in this chapter. Subject to discretionary approval of City Council, a sign may be located on the immediately adjacent premises of the business or activity identified by the sign. The City Council shall approve an off-site sign if it can make all of the following findings:

(1)

The owner of the sign property has consented to the proposed sign; and

(2)

The proposed sign is otherwise consistent with this chapter and any applicable specific plan, sign program, design criteria, or other special design approval regulation.

(c)

Placement on City property. No sign shall be located on, over, or across City property unless specifically permitted in this chapter.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

Measurement of sign height. Sign height shall be measured as the greatest vertical distance measured from the ground level directly beneath the sign base to the top of the sign. When signs are constructed on hillsides or embankments where the sign supports are at varying lengths, height shall be measured from the horizontal midpoint of the sign. In cases where the visibility of a free-standing sign is impeded due to its placement below the elevation of the street to which it is oriented, the maximum sign height may be measured from the top of curb of the street (or the edge of pavement of such street where there is no curb).

(b)

Measurement of sign area. Sign area shall be measured as follows:

(1)

Basic rule. Sign size and area shall be defined as the total area of the sign face, including any perimeter trim, but excluding any structures or uprights on which the sign is supported.

(2)

Window signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window which is not painted or otherwise drawn directly on the glass. For signs painted or otherwise drawn directly on the glass, area measurement shall be the same as that for wall signs.

(3)

Wall signs. The area of signs composed of individual letters affixed to a building or freestanding wall shall be defined as the area which encloses all copy, logos and graphics with four, six, or eight perpendicular lines.

(4)

Double-faced signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is 20 square feet, a double-faced sign may have an area of 20 square feet per face.

(5)

Three-dimensional signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has four faces and the maximum permitted sign area is 20 square feet, the maximum area for each face shall be limited to five square feet.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

Generally. Temporary signs shall not be illuminated unless specifically permitted in this chapter. Permanent signs may be illuminated unless specifically prohibited in this chapter.

(b)

Means of illumination. All illumination from or upon any sign shall be shaded, shielded, directed, and/or reduced to prevent glare and reflection onto surrounding properties. Illumination shall not be unduly bright, meaning that it shall not be in excess of that which is reasonably necessary to make the sign readable to an average person. Externally-illuminated signs shall be lighted by screened or hidden light sources. With the exception of the use of neon illumination in window signs as permitted in this chapter, the use of neon or non-standard lighting colors is prohibited.

(c)

Illumination of signs abutting residential districts. Except for signs pursuant to an approved sign program, when any district boundary abuts a residential district and the boundary is less than or equal to 100 feet away, signs facing said boundary shall not be illuminated.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

Colors. Sign colors shall be consistent with any design criteria otherwise applicable to the sign property.

(b)

Changes to approved sign face. Any change to the sign face that renders the sign inconsistent with this chapter or any applicable specific plan, sign program, design criteria, or other special design approval regulation shall render the permit for the sign void. Permitted permanent signs may include elements of changeable copy signs, including the use of changeable message sign letters or panels, unless otherwise prohibited herein.

(c)

Setback. Monument signs and shopping center identification signs shall be set back a minimum of eight feet from the face of the public street curb and two feet from the back of the sidewalk.

(Ord. No. 14-02, § 4, 12-17-2014; Ord. No. 15-01, § 1, 2-18-2015)

(a)

The following permanent signs may be permitted with an approved sign permit and any other required permits from the City.

(b)

If a sign permit is subject to discretionary approval of the City Council, the City Council shall approve the proposed sign if it can find that the proposed sign is otherwise consistent with this chapter and any applicable specific plan, sign program, design criteria, or other special design approval regulation.

(Ord. No. 14-02, § 4, 12-17-2014)

Colors. Sign colors shall be consistent with any design criteria otherwise applicable to the sign property.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

Sign permit required. The following temporary signs may be permitted with an approved sign permit and any other required permits from the City:

(1)

Banner signs. Banner signs may be permitted in commercial districts and on country clubs, congregate care facilities, and apartment/condominium complexes, subject to the following restrictions:

a.

Duration. Banner signs shall not be displayed for more than 180 days within a calendar year period. Multiple banner signs displayed consecutively shall count as a single banner sign. Banner signs shall not be used as a substitute for permanent signage.

b.

Area. For tenant frontages of 25 linear feet or less, the area of each banner sign shall not exceed 25 square feet. For tenant frontages of more than 25 linear feet, the area of each banner sign shall not exceed one square foot per linear foot of tenant frontage. Notwithstanding the foregoing, the combined maximum area of all banner signs displayed over all frontages shall not exceed 100 square feet.

c.

Location. Banner signs shall be mounted flush to a building, wall, or fence and may not be located on a roof, awning, or overhang. In the event a banner sign interferes with minimum line of sight requirements, a reasonable alternative location which provides similar stability and security may be approved, provided the alternative location is not a roof, awning, or overhang.

(2)

Interim identification banner signs. One interim identification banner sign per tenant may be permitted during permanent sign installation or change outs where new permanent signage has been approved but is not yet installed, subject to the following restrictions:

a.

Duration. The banner sign shall not be displayed for more than 60 days and shall be removed upon installation of the permanent signage.

b.

Location. The banner sign shall only be permitted to be displayed in the location where the approved forthcoming permanent signage will be installed.

c.

Other temporary signage. No other temporary signage shall be displayed concurrent with an interim identification banner sign.

(3)

Multi-unit real estate signs. For any one shopping center, residential tract development, congregate care facility, or apartment/condominium complex, one multi-unit real estate sign may be permitted, subject to the following restrictions:

a.

Duration. The multi-unit real estate sign shall not be displayed for more than 12 months and shall be removed upon the close of escrow or when the sale, lease, or rental of all units has been accomplished, whichever occurs first. Buildings with no current or anticipated vacancies shall not display real estate signs.

b.

Location. The real estate sign shall be located on either the building site being sold, leased, or rented or on common area property within the larger site, provided it does not occupy property used for pedestrian or vehicular access.

c.

Area.

1.

For multi-unit real estate signs located in a residential district, the area of the sign shall not exceed:

i.

Six square feet for buildings, facilities, complexes, or developments with four or less units.

ii.

32 square feet for buildings, facilities, complexes, or developments with five or more units.

2.

For multi-unit real estate signs located in a nonresidential district, the area of the sign shall not exceed 32 square feet.

(4)

Real estate banner signs. In lieu of a multi-unit real estate sign, for shopping centers, congregate care facilities, and apartment/condominium complexes with five or more units available for sale, lease or rental, real estate banner signs may be permitted, subject to the following restrictions:

a.

Duration. Real estate banner signs shall not be displayed for more than 12 months and shall be removed when 60 percent of the units are sold, leased or rented, whichever occurs first.

b.

Number of signs. A maximum of one real estate banner sign may be displayed per building frontage. No multi-unit real estate signs or other banner signs or interim identification banner signs may be displayed concurrent with the display of real estate banner signs.

c.

Area. The area of real estate banner signs shall not exceed one square foot per linear foot of building frontage up to a combined maximum of 100 square feet over all frontages.

d.

Location. Real estate banner signs must be mounted flush to a building, wall, or fence and may not be located on a roof, awning, or overhang. In the event a banner sign interferes with minimum line of sight requirements, a reasonable alternative location which provides similar stability and security may be approved, provided the alternative location is not a roof, awning, or overhang.

(5)

Parking area decorative signs. For parking areas, decorative banners, flags, garland, and pennants displayed for wayfinding or temporary events of a noncommercial nature may be permitted, subject to the following restrictions:

a.

Duration. Decorative signs shall not be displayed for more than 180 days within a calendar year period.

b.

Size. Decorative signs shall not exceed a maximum dimension of 36 inches by 60 inches.

c.

Height. The bottom of each decorative sign shall be mounted a minimum of ten feet above finished grade.

d.

Location. Decorative signs shall only be attached to individual light standards or permanent features in parking areas. Signs shall not link, adjoin, or connect light standards or permanent features.

(6)

Freestanding temporary signs. One freestanding temporary sign per tenant may be permitted in commercial districts subject to the following restrictions:

a.

Duration. Freestanding temporary signs shall not be displayed for more than 12 months and shall only be displayed during open business hours.

b.

Size. Freestanding temporary signs shall not exceed a maximum height of four feet and a maximum width of two feet, including frames but excluding the base.

c.

Construction and design. The construction and design of the sign shall provide a firm and sturdy base.

d.

Location. Freestanding temporary signs shall be located against the building and adjacent to the entryway. There shall be a minimum of four feet of clearance around the sign.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

Community facilities/open space sign permits. For tenants in community facilities, or open space districts, a calendar year community facilities/open space sign permit allowing a maximum of two temporary signs on the sign property at any one time may be granted, subject to the following restrictions.

(1)

No other temporary signage that requires a sign permit shall be displayed on the sign property while a community facilities/open space sign permit is in effect.

(2)

Signs shall be subject to this chapter's standards for each relevant sign type, including but not limited to, height, area, and location, but are exempt from any time of display restrictions.

(3)

Banners signs may be allowed in a rigid mounting structure that complies with all building code requirements. Only one rigid mounting structure shall be permitted per street frontage. Effective January 1, 2016, rigid mounting structures shall not be constructed of either unpainted wood or polyvinyl chloride (PVC).

(4)

Tenants with permanent changeable copy signs used to advertise short-term promotions, functions, or activities are not eligible to obtain community facilities sign permits.

(b)

Special event/temporary use signs. Special event/temporary use sign permits may be granted for a special event and/or temporary use, subject to the following restrictions:

(1)

Special event/temporary use signs shall only be approved as part of a special event or temporary use permit.

(2)

Signs shall be located on the site of the special event or temporary use.

(3)

Signs shall only be displayed during the special event or temporary use.

(4)

Incidental or accessory outdoor use of balloons may be approved, provided they do not infringe on minimum lines of sight or otherwise create visual obstructions resulting in traffic safety hazards or any other harm to the public health, safety and welfare. Balloons shall not be intentionally released or made of any metallic material. Balloons shall be staked securely into the ground or securely attached to permanent building features.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

Sign permit not required. The following types of signs are permitted without a sign permit; however, the sign owner shall not be relieved of other City permit requirements, sign maintenance responsibilities, or compliance with applicable provisions of this chapter, including but not limited to Sections 13.20.020 and 13.20.040 or any other law or ordinance:

(1)

Political signs. Political signs are permitted on private property in all districts, provided they comply with California Election Code § 18541, pertaining to signs within 100 feet of a polling place. If they relate to an election or specific event, political signs shall be removed not later than ten calendar days following the date of the election or other event. Political signs that contain information that is not related to an election or other event need not be removed during this time.

(2)

Window signs in commercial and community facilities districts. Window signs are permitted in commercial and community facilities districts, subject to the following restrictions:

a.

Window signs shall be limited to a combined area of half of the window area on each building frontage.

b.

Light-emitting diode (LED) or neon signs (plug-in, nonstructural), such as "open" and "closed" signs, shall be permitted as part of the total allowable permanent window signage, not to exceed a combined total of six square feet or 25 percent of the window area on each tenant frontage, whichever is less. LED or neon signs shall be located inside, behind closed windows, doors or walls, at all times.

(3)

Residential open house, garage sale, estate sale, and yard sale signs. Open house, garage sale, estate sale, and yard sale signs are permitted in residential districts subject to the following restrictions:

a.

Signs shall only be displayed between the hours of dawn to dusk on the day of the open house, garage sale, estate sale, or yard sale.

b.

Signs which are staked in the ground, shall be made of a rigid material and securely staked. No riders may be attached to the sign (e.g., postings, flags, or pennants).

c.

The area of each sign shall not exceed six square feet. The height of any sign, which is staked in the ground, shall not exceed four feet.

(4)

Residential decorative signs. Banners, flags, garlands, pennants, and other signs displayed by individual residential units for noncommercial purposes are permitted in residential districts.

(5)

Residential incidental signs. Incidental signs which relate to the identification of or conditions on an individual residential site (e.g., "residence protected by alarm," "beware of dog," "no trespassing," street address, etc.) displayed by individual residential units are permitted. For the purpose of this chapter, window signs displayed by individual residential units in any district may also be considered incidental signs.

(6)

Private traffic control signs. Signs solely for the purpose of guiding pedestrian or vehicular traffic and parking on private property are permitted and may contain content similar to a traffic sign, provided the signage does not interfere with, mislead, or confuse traffic on public streets.

(7)

Club function signs. Freestanding temporary signs staked in the ground and temporary easel signs are permitted for club functions, subject to the following restrictions:

a.

Club function signs must be temporary in nature and only identify short-term functions of a noncommercial and limited-term nature (e.g., "meeting today" displayed outside a room and/or onsite directing guests to a room).

b.

Club function signs are only permitted in community facilities districts and at country clubs located in open space or residential community districts.

c.

Club function signs shall be removed immediately after the function.

d.

Club function signs shall not obstruct entrances, walkways, or parking areas.

(8)

Construction entrance and exit signs. Signs identifying the entrance and exit of a construction site shall be permitted on each construction site, provided they are only displayed during periods of active construction and are removed on or before completion of the final City building inspection.

(9)

Single-unit real estate signs. In residential districts, one single-unit real estate sign shall be permitted per residential unit frontage, subject to the following:

a.

Single-unit real estate signs shall be removed upon the close of escrow or execution of lease or rental agreement.

b.

The single-unit real estate sign shall be made of a rigid material and securely staked in the ground or securely mounted flush to the building, wall, balcony railing, or fence. Signs shall not be located on a roof, awning, or overhang.

(10)

Construction or safety information signs. On any site with active construction, excavation, demolition, grading, soil or other environmental remediation, or similar activity (collectively, "construction activities"), one sign stating any names and contact information of the entities directly involved with the construction activities, as well as renderings or photographs, shall be permitted on the site, subject to the following restrictions:

a.

Area.

i.

For sites with residential projects involving four or less units, the area of the sign shall not exceed six square feet.

ii.

For sites with residential projects involving five or more units, the area of the sign shall not exceed 32 square feet.

iii.

For sites with nonresidential projects, the area of the sign shall not exceed 32 square feet.

b.

Height. The height of the sign shall not exceed five feet for the sign face; five and one half feet including base.

c.

Duration. The sign shall not be displayed for more than 12 months and shall be removed upon completion of the construction activities or final building inspection by the City, whichever occurs first.

(Ord. No. 14-02, § 4, 12-17-2014)

The following types of signs are prohibited unless specifically permitted in this chapter:

(1)

Temporary signs not specifically allowed in this chapter.

(2)

Signs held, worn, waved, or rotated by any individual, or attached or affixed to any animal, and used to attract attention for the purpose of promoting products and/or services or to direct individuals to a particular location.

(3)

Signs that emit any noise.

(4)

Balloons, blimps, hot air balloons, or similar devices.

(5)

Electronic message board signs, or light-emitting diode (LED) signs displayed on the exterior of any property, except when approved as part of a sign program.

(6)

Signs that use florescent colors or paints.

(7)

Neon signs displayed on the exterior of any property.

(8)

Flashing, blinking, rotating, revolving, wind motion, inflatable, laser beam, searchlight, or spotlight signs.

(9)

Billboards.

(10)

Portable signs.

(11)

Roof signs.

(12)

Signs that display, imply, identify, or advertise activities which are illegal under federal, state, or local laws.

(13)

Signs that display, imply, identify, or advertise graphic sexual activities or images or contain profane copy or nude images.

(14)

Signs that simulate or imitate in size, color, content, coloring or design any traffic signal, sign or device, or which makes use of the words "Stop," "Look," "Warning," "Caution," "Danger" or any other words, phrases, symbols or characters in a manner to interfere with, mislead, or confuse traffic.

(15)

Signs that are located on, attached to, extending into or over, or impeding any fire hydrants, legal fire lanes, or City property, including but not limited to traffic signals, streetlights, and utility poles.

(16)

Signs that are unsafe or constitute a direct and immediate hazard to public health, safety or welfare by reason of design, construction, location, condition, orientation, or any other factor.

(17)

Abandoned signs.

(18)

Advertising device/display.

(Ord. No. 14-02, § 4, 12-17-2014; Ord. No. 22-02, § 4, 10-19-2022)

(a)

Signs erected, displayed, or required by the City are exempt from the permitting requirements of this chapter.

(b)

The following signs may be displayed and are exempt from the permitting requirements of this chapter:

(1)

With the exception of signs in commercial districts, temporary signs that are not visible from public right-of-way, provided however, nothing herein shall limit or abridge the City's ability to abate public or private nuisances.

(2)

Direction, warning, or information signs required or authorized by a federal, state, or county authority.

(3)

Official and legal notices issued by any court, public body, person, or officer in performance of a public duty or in giving any legal notice.

(4)

Official national, state, or city flags.

(5)

Signage incidental to any otherwise legal product dispensers and point of purchase displays which are exterior to any building.

(6)

Signs for the convenience or safety of the public, such as signs identifying restrooms, public telephones, walkways, and similar features or facilities.

(7)

Signs of public utility companies and private contractors indicating a warning or which serve as an aid to public safety or which show the location of underground facilities.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

Existing signs. Except as provided in Subsection 13.20.150(b) of this Code, signs legally existing prior to the effective date of this chapter shall not require compliance with this chapter until any of the following is true:

(1)

The sign violates the terms under which it was legally approved.

(2)

The sign is not properly maintained.

(3)

The sign is unsafe or otherwise constitutes a hazard to public health, safety, or welfare.

(4)

The sign displays, implies, identifies, or advertises any use or activity which is illegal under federal, state, or local law.

(5)

Sign copy is changed, except for changeable copy signs provided that the new copy does not advertise or promote a use or activity unrelated to the site.

(6)

The sign is relocated.

(7)

The sign is removed or abandoned.

(8)

Over 50 percent of the actual value of the sign is damaged or destroyed. A sign shall be deemed damaged or destroyed beyond 50 percent of actual value based on the actual cost of replacing the sign.

(9)

Any City permit is requested to structurally or electrically expand the sign. Permits shall be issued contingent on the sign being brought into compliance.

(10)

Any City permit is requested for major expansion, alteration, or remodel of the site, use, or activity that the sign is related to. Permits shall be issued contingent on the sign being removed or brought into compliance.

(b)

Existing signs—Monument signs and shopping center identification signs. With the exception of signs that are unsafe or otherwise constitute a hazard to public health, safety, or welfare, any monument sign or shopping center identification sign legally established prior to January 1, 2015 that exceeds the maximum size, height, or area set forth in this chapter may continue to exist and may be maintained, repaired, improved, replaced, or relocated, but may not be enlarged in size, height, or area, nor modified in type except in a manner that is consistent with the standards set forth in this chapter.

(c)

Establishment of legal nonconforming status. The burden of establishing a sign as legally nonconforming is the responsibility of the sign owner.

(d)

Compliance disclaimer. Status as a legal nonconforming sign is not intended to be exclusive and shall not excuse noncompliance with any federal, state, or other local laws, including but not limited to City permit requirements for alterations.

(Ord. No. 14-02, § 4, 12-17-2014; Ord. No. 15-01, § 2, 2-18-2015)

(a)

Purpose. Sign programs provide incentive and latitude to achieve effectiveness, attractive appearance, compatible design and variety in permanent signage.

(b)

Generally. The standards of this chapter related to permanent signs may be supplemented on a site-by-site basis, pursuant to a sign program approved by the City Council. A zoning variance approved by the City Council is required to approve prohibited or temporary signage that does not comply with this chapter.

(c)

Sign program required. Sign programs shall be required for:

(1)

Each new or remodeled commercial center, office complex, business park, or similar multi-tenant site, regardless of parcelization;

(2)

Each building that proposes any combination of three or more permanent signs or any permanent signage that would not comply with this chapter; and

(3)

Any use of one or more electronic message board signs, or the display of one or more light-emitting diode (LED) signs on the exterior of any property.

(d)

Submission materials. Applications for a sign program shall be accompanied by the following minimum materials and the payment of fees established by resolution of the City Council:

(1)

Site plan. A site plan, drawn to scale, delineating the site proposed to be included in the sign program and the location of all existing signs, proposed signs and means of illumination.

(2)

Building elevations. Building elevations, drawn to scale, for each elevation with existing signs, proposed signs and means of illumination included.

(3)

Proposed signs. Information describing the proposed signs, including area, dimensions, copy, material, and means of illumination.

(4)

Landscape plans. Plans, drawn to scale, showing the effect of the proposed signs on site landscaping or a signed letter stating no effect.

(5)

Property owner authorization. If the owner of the sign property is not the applicant for the sign program, he/she shall submit a signed letter of authorization for the placement of the proposed sign on the sign property.

(6)

Supplemental information. Supplemental information may be required to review and consider approval of the proposed sign program.

(e)

Findings. The City Council shall approve a sign program if it can make all of the following findings:

(1)

The proposed signs are well-designed, consistent with any design criteria otherwise applicable to the sign property, compatible with community character and harmonious with surrounding properties, buildings, and streetscapes;

(2)

The proposed signs are clear and legible in the circumstances in which they are seen, including for purposes of promoting awareness of local businesses and activities;

(3)

The proposed signs are appropriate to the type of business or activity to which they pertain;

(4)

The proposed signs are displayed in a manner that does not harm public health, safety and welfare; and

(5)

For sign programs including any use of one or more electronic message board signs, or the display of one or more light-emitting diode (LED) signs on the exterior of any property. The proposed signs are displayed, programmed, or otherwise operated in a manner that effectively minimizes glare at all times when illuminated.

(f)

Submission to City Council. Unless the City requires additional information to determine whether the proposed sign program is consistent with applicable standards, the sign program shall be placed on the agenda for a regularly scheduled City Council meeting within 60 days of submission of a complete application, provided however, the City may extend this deadline for good cause.

(Ord. No. 14-02, § 4, 12-17-2014; Ord. No. 22-02, § 4, 10-19-2022)

(a)

Illegal signs. Any sign that does not have a required permit, or otherwise violates this chapter, shall be deemed illegal.

(b)

Administrative fines. If the City determines a sign is illegal, it may impose an administrative fine against the owner of the sign property, the sign owner, or both in accordance with Chapters 1.04 and 1.06 of this Code. Consistent with Subsection 1.04.010(i)(5) of this Code, any violation of this chapter may be deemed to be an infraction and may be punished as such, notwithstanding the fact that, at the discretion of the District Attorney, any violation of this chapter may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction.

(c)

Abatement.

(1)

Signs on private property. The City may order the owner of a sign property and/or a sign owner to remove any illegal signs on private property. Upon failure to comply with a removal order from the City, the City may exercise the nuisance abatement process described in this Code to remove illegal signs. With the consent of the property owner and/or his or her authorized agent, the City may remove illegal signs on private property. Removed signs shall be retained at City Hall for a period of not less than ten working days, after which the signs shall be considered abandoned, and may be discarded by the City.

(2)

Signs on City property. To advance the City's interests in improving traffic safety and/or the appearance of the City, the City may remove any illegal signs located within the public right-of-way or on public property immediately, without prior notice to the sign owner. Removed signs shall be retained at City Hall for a period of not less than ten working days, after which the signs shall be deemed abandoned, and may be discarded.

(d)

Enforcement fees. Should the City be required to remove any illegal or abandoned signs, the reasonable cost of such removal shall be assessed against the owner of such signs. The cost of removal shall be established by a Resolution of the City Council. The City Manager is authorized to use collection proceedings to recover uncollected fees.

(e)

Consecutive violations. Each separate violation of this chapter and each day in which a violation occurs and shall constitute a separate violation of this chapter punishable by separate enforcement fees and/or administrative fines.

(f)

Liability. Neither the City nor any of its agents shall be liable for any damage to a sign which is removed under this section.

(g)

Non-exclusive remedies. Each and every remedy available for the enforcement of this chapter shall be non-exclusive and it is within the discretion of the City Manager to seek cumulative remedies. The remedies available to the City pursuant to this Code and chapter, including but not limited to removal authority, shall not limit the right of the City to seek any other remedy that may be available by law.

(Ord. No. 14-02, § 4, 12-17-2014)