Lawndale City Zoning Code
CHAPTER 17
76 SIGNS
§ 17.76.010 Title.
This chapter shall be known as the sign ordinance of the city of Lawndale.
(Ord. 985-07 § 2)
§ 17.76.020 Authority.
§ 17.76.030 Intent and purpose.
This chapter is adopted in recognition of the important function of signs and of the need for their regulation under this title. It is the purpose of this chapter:
A.
To safeguard and enhance property values in residential, commercial and industrial areas;
B.
To protect public investment in, and the character and dignity of, public buildings, open spaces and thoroughfares;
C.
To provide an environment which will promote the development of business in the city;
D.
To encourage sound practices of, and lessen the objectionable effects of, competition in respect to size and placement of signs;
E.
To aid in the attraction of visitors and shoppers who are so important to the economy of the city;
F.
To reduce hazards to motorists and pedestrians traveling on the public way;
G.
To implement the goals and strategies of the general plan;
H.
To provide adequate means for persons to express their free speech rights by display of a sign; and
I.
Thereby to promote the public health, safety and welfare.
(Ord. 985-07 § 2)
§ 17.76.040 Regulatory scope.
This chapter regulates all signs which are not regulated by Chapter 5.13 (Special Events) or Chapter 10.40 (Temporary Street Closures for Block Parties) or Chapter 12.48 (Signs on City Property and Public Rights-of-Way). This chapter consolidates and updates all general provisions relating to the installation, regulation and amortization of signs within the defined scope, throughout the city.
(Ord. 985-07 § 2)
§ 17.76.050 Basic principles.
A.
Compliance Required. No sign, other than those signs exempted by Article III of this chapter, shall be erected, placed, replaced, altered, modified, reconstructed or relocated on any property, intensified in illumination or other aspect, or expanded in area or any dimension except in conformity with the provisions of this chapter.
B.
Permit Required. No such erection, placement, replacement, alteration, reconstruction, relocation, intensification, or expansion shall be undertaken without a permit having been duly issued therefor, except as specifically provided otherwise in Article III of this chapter.
C.
Enforcement. The director (as defined in Section 17.08.020) is authorized and directed to enforce the provisions of this chapter by such decisions, actions, and orders as are necessary. Violations of this chapter may be enforced by administrative proceedings, a civil action, including declaratory or injunctive relief, or as an infraction pursuant to Section 1.08.030 of this code or punishable as a misdemeanor pursuant to Section 1.08.020 of this code. In any action, attorneys' fees may be recovered by the prevailing party.
D.
Message Substitution. Subject to the property owner's consent, a noncommercial message of any type may be substituted, in whole or in part, for any duly permitted or authorized commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. In addition, on nonresidential uses, any display area which is available for permanent signage, but is unused, may be used for display of noncommercial messages on temporary signs for a maximum of ninety days in any one calendar year. 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: (1) does not create a right to increase the total amount of permanent signage on a parcel, lot or land use; (2) does not affect the requirement that a sign structure or mounting device be properly permitted; (3) does not allow a change in the physical structure of a sign or its mounting device; or (4) does not allow the substitution of an off-site commercial message in place of an on-site commercial message or a noncommercial message.
E.
Interpretation. Interpretations of this chapter shall be made initially by the director, whose decision may be appealed in accordance with Section 17.76.080 and in the same manner as any other sign-related decision. All interpretations of this chapter are to be exercised consistent with the message substitution policy and the purposes and intent of this chapter. Where a particular type of sign is erected, displayed or proposed, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the zoning code, then the director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this chapter, in light of the policies stated in this chapter.
F.
Location Distinction. Within this chapter, the distinction between on-site (or on-premises or point-of-sale) and off-site (or off-premises or non-point-of-sale) applies only to commercial messages.
G.
Billboard Policy. In adopting this policy, the city council declares that the city has enough billboards. New billboards are prohibited. The city completely prohibits the construction, erection or use of new or additional billboards. No permit shall be issued for any billboard which violates this policy, and the city will take immediate enforcement or abatement action against any billboard constructed or maintained in violation of this policy. In adopting this provision, the city council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. The city council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate presently existing, legal billboards, as encouraged by Business and Professions Code Section 5412, so long as such agreements are not contrary to state or federal law.
H.
Noncommunicative Aspects. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., are enforceable independent of any permit or approval process.
I.
Discretionary Approvals. Whenever any sign permit, variance, conditional use permit, sign program, design review, or specific plan approval, or other sign-related decision, is made by any exercise of official discretion, such discretion shall be exercised only as to the noncommunicative aspects of the sign, such as size, height, orientation, location, setback, illumination, spacing, scale and mass of the structure, etc. Graphic design may be evaluated only for compliance with an approved sign program, and then only as to commercial message signs.
J.
Legal Nature of Sign Rights. As to all signs attached to real property, the signage rights, duties and obligations arising from this chapter attach to the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this article, chapter or other law), or the ownership of sign structures. This provision does not apply to commercial mascots, hand-held signs or other images which are aspects of personal appearance.
K.
Owner's Consent. No sign may be placed on private property without the consent of the property owner or persons holding the present right of possession and control.
L.
Prospective Regulation. This chapter applies only to signs whose structure or housing has not been permanently affixed to its intended premises on the date on which the ordinance or regulation is adopted. This chapter does not affect signs which were legally installed and which exist as of the date this chapter first takes effect. However, this provision does not legalize existing signs which were built, constructed or erected without required permits or other approvals.
M.
Mixed Uses. For purposes of this chapter, wherever a land parcel may be legally used for both residential and nonresidential uses, all legal residential uses shall be treated as if they were located in a residential district which would allow a residential unit of the same type (i.e., single-family residence and/or multifamily residence), and all legal nonresidential uses shall be treated as if they were located in a nonresidential district allowing nonresidential uses of the same type.
N.
Severance. If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or unconstitutional or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the city council affirmatively declares that it would have approved and adopted the chapter even without any portion which may be held invalid or unenforceable.
(Ord. 985-07 § 2; Ord. 1020-09 § 18)
§ 17.76.060 Definitions.
The following definitions shall apply to this chapter:
means a portable sign constructed in the shape of the letter A, typically hinged at the top and folding open for mounting on the ground, typically on a sidewalk. Similar devices, including those in the shape of the letters H, T, U or V, are also within this definition. Such signs are also commonly known as "sidewalk sandwich board" signs.
means the maximum message display area of signs which may be displayed by any legally operating establishment.
means any change in the noncommunicative, physical aspects of a sign, such as size or shape, or a change in position, location, construction or supporting structure of a sign.
means a sign with messages that visually change more frequently than once every twenty-four hours, regardless of the method by which the visual change is effected. This definition does not include traditional barber poles, hand-held signs, personally attended signs, commercial mascots, scoreboards, or signs which merely display time, temperature, road conditions, weather information, news or stock market information. Animated signs include electronic message signs, sometimes called electronic reader boards.
means structural devices needed for keeping a sign fixed to the ground, wall or roof.
means a piece of cloth, plastic or similar material, bearing a message, emblem, logo or slogan, extended across a wall, building or space for presenting or advertising a product, activity, service, idea or event.
means any stationary or moving light source or light with one or more beams that rotate or move and are directed into the atmosphere.
means a sign for which the message display area exceeds thirty-two square feet and is mounted on a permanent structure, that also meets any one or more of these criteria: (1) a permanent structure sign which is used for the display of off-site commercial messages; (2) a permanent structure sign which constitutes a principal, separate or secondary use, as opposed to an accessory use, of the parcel on which it is located; (3) a permanent structure outdoor sign used as advertising for hire, e.g., on which display space is made available to parties, other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when the message on the sign qualifies as "on-site" as defined herein), for a rent or other consideration.
means the outdoor surface of a building not including cornices, bay windows, or other ornamental trim, of any main exterior wall of the building. The director shall determine which walls of any building constitute main exterior walls.
means the straight line distance between the two extreme points of a building which faces upon a public street, projected along the street property line; or of a building which faces upon an access driveway if the building front or face is perpendicular to a public street and not projected along the street property line.
means any sign containing the name and/or address of a building, even if it also contains other information.
means the repository device for posting notices which call the attention of the public to community events, public hearings or similar meetings.
means the operation of any private, nonprofit or public enterprise for which a city business license is required.
means a sign where letters, graphics, logo, or messages are affixed in such a manner that they may be easily changed, and which generally are changed periodically.
means a person or animal attired or decorated with commercial insignia, images or symbols, and/or holding signs displaying commercial messages. This definition includes twirlers and sign clowns displaying commercial imagery, but does not include hand-held signs displaying noncommercial messages.
means that the message on a sign pertains primarily to the economic interests of the sign sponsor or the sign audience, or both, or a message that promotes a commercial or economic transaction. This definition is to be interpreted in light of relevant court decisions.
means a sign displayed on the site where construction is occurring, during the time of construction.
means the specific words, letters, graphics, logo or images used for presenting a visual message to the viewing public.
means that portion of a sign which actually displays the communicative image.
means the horizontal line formed by the extreme end of a roof extended beyond the building to project like an appendage, overhang or cornice, giving the lowest point of a roof level.
means any legal use of land, other than long-term residential, which involves the use of structures subject to the building code and the presence of people on the premises more than twenty-four hours per week. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices and libraries but does not include single-family homes, mobilehomes, residential apartments, residential care facilities, or residential condominiums.
means a sign which may be legally displayed, erected or maintained, but is not subject to a sign permit, including, but not limited to, those described in Section 17.76.090.
means a sign made of cloth, plastic or similar material affixed to a pole which is located outdoors and contains language for advertisement, greeting or similar messaging purposes.
means any fabric, banner, or bunting containing colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.
is a pole upon which one or more flags are mounted.
means a permanent sign that is self-supporting in a fixed location and not attached to a building. It includes a sign connected or attached to a sign structure, fence, or wall that is not an integral part of a building. Freestanding signs are of two main types: monument and pole. However, flag poles are not within this definition.
means the occasional nonbusiness public sale of used, secondhand or home-made household goods, conducted from a residential property. This definition includes estate, yard and moving sales events.
means the business of advertising or promoting other businesses or causes using methods of advertising, in contrast to self-promotion or on-site advertising; also known as advertising for hire; in the context of this chapter, it means the business of the "outdoor advertising" or billboard industry.
means a sign which is physically held by hand, or attached to the body of a person or animal.
means the vertical distance measured at the grade level closest to the sign to the highest point of the sign structure, frame or uppermost portion of any copy, whichever is higher.
means a sign that is held or worn by a person. Such signs are also known as "hand-held" signs. A "commercial mascot," as defined in this section, shall be considered a human sign.
means a sign displayed on, at or near an establishment which provides functional information to the public, such as hours of operation, credit cards accepted, restroom and telephone facilities, entrances and exits, etc.
means the vertical distance from the lowest point to the highest point of any letter or other piece of copy used in a sign.
means a symbol, character or emblem representing an identifiable trade mark, corporate entity or marketable product.
means a plan establishing parameters for the size, location, and design of all signs on a property being constructed or managed as a single development.
means a freestanding sign constructed upon a solid-appearing base or pedestal. This definition applies to pole signs when the poles have been covered by cladding, and thus are not visible.
means a sign that displays an image that moves or appears to move more frequently than once per minute, whether such motion or apparent motion is produced by electronic, mechanical or other means. Signs that glitter, sparkle or reflect light are within this definition. This definition does not include signs on which the only change is a periodic price change for the product or products customarily sold on premises and on which the location, size and color of the numbers remains constant are not considered changeable copy signs.
means a sign that identifies the occupant and/or address.
means a message which consists of commentary or advocacy on topics of public debate and concern. This definition shall be construed and interpreted in light of relevant court decisions. Noncommercial messages do not have a location factor, such as on-site or off-site. By way of example and not limitation, "noncommercial messages" typically are expressions of opinions on matters of religion, politics, public policy, arts, etc.
means a sign which was legally installed under laws or ordinances in effect at the time of its installation, but which has become nonconforming because of subsequently enacted ordinances or regulations.
means a sign that identifies, advertises or attracts attention to a business, product, service, event or activity sold, existing or offered at a different location (subject to the qualifications stated in the definition of "on-site sign"). The off-site/on-site distinction applies only to commercial messages.
means any sign, or portion thereof, that identifies, advertises, or attracts attention to a business, product, service, event or activity sold, existing or offered upon the same property or land use as the sign. The off-site/on-site distinction applies only to commercial messages. In the case of multiple tenant commercial or industrial developments, a sign is considered "on-site" whenever it is located anywhere within the development. In the case of a duly approved sign program or specific plan, a sign placed at any location within the area controlled by the program, guidelines or plan is "on-site."
means any sign without a structure, frame, pole, or support that is exhibited or displayed on the exterior surface of a building, wall, window, door or other surface.
means a ground sign supported by one or more poles.
means any sign capable of being carried or readily moved from one location to another, including, but not limited to, an A-frame sign, "sandwich sign," a sign on wheels, or a sign which leans against a stationary object, building, or structure. Portable sign does not include a temporary directional/information sign, political sign, or human sign.
means that wall of a building which contains the principal entrance or entrances to the building. If there are principal entrances on more than one wall, the longest of the walls in which principal entrances are located shall be the primary building face. "Primary building face" shall include not only the wall itself but all doors, windows, or other openings therein and projections therefrom.
means a sign which projects or extends from and is attached to a wall or parapet of a building with the display surface of the sign in a place perpendicular to or approximately perpendicular to the wall.
means any sign giving information, directions or warning regarding public utilities like gas, water, sewer lines or electricity.
means the linear distance along any property line or lines fronting any public street or streets, or private streets serving as public thoroughfares, for purposes of calculating allowable sign area. Frontage on any public or private street serving as a public thoroughfare, excluding alleys, is within this definition. In the case of a corner lot, qualified street frontage includes all frontage along all streets which abut the lot or parcel. If a lot or parcel contains commercial or industrial establishments without any street frontage, the building frontage of each such establishment may be computed as the qualified street frontage in calculating the allowable sign area of each business establishment.
means any sign, temporary in nature, the copy of which concerns the proposed sale, rent, lease or exchange of real property. This definition does not include occupancy signs at establishments offering transient occupancy, such as hotels and motels.
means any sign erected upon a roof, parapet or roof-mounted equipment structure and extending above a roof, parapet, or roof-mounted equipment structure of a building or structure.
means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
is a collective term that refers to codes for building, electrical, mechanical, plumbing, demolition, fire, grading, etc.
means any device, structure, fixture, paint, or placard displaying graphics, symbols, and/or written copy for the primary purpose of communicating with the public, when such image is visible from any public right-of-way. "Sign" shall include any moving part, lighting, sound equipment, framework, background material, structural support, or other part thereof. A display, device, or thing need not contain any lettering to be a sign. Notwithstanding the generality of the foregoing, the following are not within this definition:
Aerial signs or banners towed behind aircraft;
Architectural Features.
Decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function (example: a color strip used as trim around a new building);
Barber poles displayed outside establishments providing hair cutting and styling services;
Fireworks, etc. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter;
Foundation stones and cornerstones;
Grave markers, grave stones, headstones, mausoleums, shrines, and other markers of the deceased;
Historical plaques;
Holiday and cultural observance decorations on private residential property and which do not include commercial advertising messages;
Interior Signs.
Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, or located on the inside of a building and at least five feet from the window, provided the building or enclosed structure is otherwise legal;
Manufacturers' Marks.
Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;
Mass Transit Graphics.
Graphic images mounted on duly licensed mass transit vehicles that legally pass through the city;
Merchandise on public display and presently available for purchase on-site;
News racks and newsstands;
Overhead Signs.
Graphic images which are visible only from above, such as those visible only from airplanes or helicopters, when such images are not visible from the street surface or public right-of-way;
Party Jumps or Bounce Houses.
Inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices;
Personal Appearance.
Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, wigs, costumes, masks, etc. (but not including commercial mascots or hand-held signs);
Shopping carts, golf carts, horse drawn carriages, and similar devices; automobiles are not within this exclusion;
Symbols Embedded in Architecture.
Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal (examples: stained glass windows, religious statuary, church bells);
Vehicle and Vessel Insignia.
Certain parts of street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising), messages relating to the proposed sale, lease or exchange of the vehicle or vessel, or real estate signs;
Vending Machines and Product Dispensing Devices.
Only said devices which display on-site commercial messages or general advertising messages are within this exclusion.
means the surface space within the perimeter or perimeters containing words, letters, figures or symbols, together with any frame or material forming an integral part of the display but excluding supporting structures, building face and incidental parts not drawing attention to the subject area.
means a written authorization from the city to erect, maintain or display a sign; in context, it may also mean written authorization from another governmental agency, such as Caltrans.
means a temporary or nonpermanent sign advertising or pertaining to any special event of general public interest.
means a ribbon, flag or banner used to attract the attention to a product or service.
means a line of ribbons, flags, banners, pennants, twirlers, or balloons, or any such attractive device used in advertising a product, service or business enterprise.
means any device such as a pole, column, post, masonry wall, angle iron or similar contrivance for keeping a sign firmly in place.
means a sign which meets any one or more of these criteria: (1) it is made of lightweight or flimsy materials; (2) it is easily installed by hand, or by the use of ordinary hand tools; (3) it does not meet the definition of "structure" in the zoning code; (4) the copy thereon pertains to a special event of a date certain; (5) it is designed or intended to be displayed for a short period of time, typically less than ninety days.
means any streamer, ribbon, whirler or similar device, meant to attract attention to a product or service.
means a sign, banner, curtain, drapery or similar device hanging from a wall or window as a means of advertising a product or service.
means a sign painted or placed on a vehicle for the purpose of advertising a product or service.
means a projecting sign with two display faces at an angle not more than forty-five degrees to the wall, and with the two faces meeting at an angle of over ten degrees.
means any sign attached to or painted on the wall of a building or structure in a plane parallel or approximately parallel to the plane of said wall or structure.
means any sign painted, attached, glued or otherwise affixed to the inside or outside of a window, or any glass surface of any building.
(Ord. 985-07 § 2; Ord. 1083-13 § 2; Ord. 1089-13 § 3; Ord. 1139-17 § 4)
§ 17.76.070 Permits.
A.
When Required. An application for a sign permit must be submitted and approved before the erection, placement, alteration, replacement, reconstruction, relocation or expansion of any sign except those signs which are exempted from the requirement of a permit by an express provision of this chapter. Legally existing billboards are not required to obtain a permit for a change of message.
B.
Right to Permit or to Build. When any sign permit application complies fully with all applicable provisions of this chapter, and all other applicable laws, rules and regulations, the permit shall be approved by the director and issued within sixty days. In the case of signs which are expressly exempt from the permit requirement, there is a right to erect, display and maintain such signs as are authorized by this chapter, subject to the applicable rules.
C.
Conditional Approval. A sign permit application may be approved subject to conditions imposed by the director, so long as those conditions are required by this chapter or some other applicable law, rule or regulation.
D.
Safety Codes. When a sign qualifies as a "structure" under the zoning code, a building permit shall also be required. Compliance with all applicable safety codes, including payment of application and inspection fees, shall be a condition of all sign permits.
F.
Multiple Sign Applications. When an application proposes two or more signs, the application may be granted by the director, either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the director's written notice of determination shall specify the grounds for such denial.
G.
Signs Which are Part of a Larger Project. When approval is sought for a development that includes one or more signs, the sign aspects of the proposed development must satisfy the applicable provisions of this chapter.
H.
Application Form. The director shall prepare a sign permit application form and provide it to any person on request. Any person seeking a permit for a sign shall submit to the director a written application for such sign permit. The same form may be used for both the application and the decision thereon. A single form may be used for multiple signs on the same site. A sign permit application is complete only when it is accompanied by the appropriate application and inspection fee, in an amount set by resolution of the city council. The form may require the following information:
1.
Name, address and telephone number of the applicant and, if applicable, the name, address, and telephone number, as well as the license number, if any, of the sign contractor;
2.
Address, APN (assessor's parcel number) and zoning district of the property where the sign is proposed to be displayed;
3.
Accurate, dimensioned, and scaled site plan, showing the location of property lines, buildings, parking areas, driveways, landscaped areas, utility poles and wires, and existing and proposed signs on the site; as to existing signs, information as to whether each is permitted or exempt from permitting;
4.
Accurate and scaled building elevations showing existing and proposed building signs;
5.
Existing and proposed sign area of each individual sign and the combined area of all signs (including those already existing or previously permitted) in relation to the maximum allowed sign area;
6.
Written evidence of all consent of parties with an interest in the property whose interest may be impacted (e.g., consent of land owner and/or lessor);
7.
A statement as to whether the sign is intended to be used in whole or in part for off-site commercial messages, advertising for hire or general advertising;
8.
A statement or graphic description indicating whether the proposed sign, or any part of the sign, is proposed to utilize any of the following physical methods of message presentation: sound; odor, smoke, fumes or steam; rotating, moving or animated elements; activation by wind or forced air; neon or other fluorescing gases; fluorescent or day-glow type colors; flashing or strobe lighting; liquid crystal displays or other video-like methods; use of live animals or living persons as part of the display; mannequins or statuary;
9.
A statement as to whether the property or parcel on which the sign is proposed to be erected or displayed, or any currently existing sign thereon, is the subject of any outstanding notice of zoning violation or other code violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application;
10.
Photographs of the existing property, parcel and/or building on which the sign is proposed to be erected or displayed; and
11.
In the case of any proposed sign which is subject to a discretionary process, such as a variance, conditional use permit or sign program, all information required by such process(es).
The director is authorized to modify the list of information to be provided on a sign permit application; however, new items shall apply only to applications submitted after the new items become effective.
I.
Completeness. The director shall determine whether the application contains all the required information. If it is determined that the application is not complete, the applicant shall so be notified in person or in writing within thirty days of the date of receipt of the application; the notice shall state the points of incompleteness and identify any additional information necessary to render the application complete. No new or additional application fee is required when a corrected application is submitted within sixty calendar days of the notice of the applicant's failure to complete the application.
J.
Denial. When a sign permit application is denied, the denial shall be in writing and sent to the address shown on the applicant's application form, and shall state the grounds for denial. A denied applicant may appeal pursuant to Section 17.76.080.
K.
Resubmission. An application resubmitted with corrections rectifying the reasons for denying the application, if submitted within sixty days of the date of denial, and if found to be in conformity with the provisions of this chapter, shall be approved. A new application shall not be required for an application revised and resubmitted within sixty days of denial.
L.
Disqualification. No sign application will be approved if:
1.
The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal or nonpermitted sign has not been legalized, removed or included in the application;
2.
There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different establishment) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application;
3.
The sign application is substantially the same as an application previously denied, unless: (a) twelve months have elapsed since the date of the last application, or (b) new evidence or proof of changed conditions is furnished in the new application; or
4.
The applicant has failed to obtain any applicable required use permit or conditional use permit. However, applications for such permits may be processed simultaneously with a sign permit application.
M.
Signs Associated with Uses Requiring Special Use Permits. When a sign is proposed as part of, or accessory to, a land use that is itself subject to a special use permit or conditional use permit, the sign shall be subject to the use permit standards adopted by the planning commission and/or the city council; however, the only conditions which may be imposed on signs are those conditions which address the noncommunicative aspects of the signs, and the on-site or off-site commercial message factors.
N.
Inspection. All signs which meet the definition of "structure" in the zoning code are subject to all inspection requirements of that code.
O.
Expiration and Extension. Each duly approved sign permit and each sign variance or other formal approval shall expire one year after the date it is granted unless, prior to such expiration date, the approved sign has been erected and passed all final inspections, or is under way on such date and is thereafter diligently pursued to completion. Prior to the original expiration date of a sign permit or sign variance or other authorization, upon the applicant by the permittee, the permit or authorization will be extended one time only for twelve months from the original date of expiration.
P.
Revocation or Cancellation. The director may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit or this chapter after written notice of noncompliance and at least fifteen calendar days opportunity to cure. The notice and opportunity to cure does not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.
Q.
Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the city upon written notice, to the holder, stating the reason for the revocation. "Issued in error" means that the permit should not have been issued in the first place.
R.
Time for Decision. Sign permit applications must be processed and decided within sixty days.
(Ord. 985-07 § 2)
§ 17.76.080 Appeals of permits and other sign-related decisions.
A.
Scope. This section applies to appeals of sign permit decisions and all other sign-related decisions, including, but not limited to, revocation of permits, orders to abate, variances, sign programs, special use permits, etc.
B.
Levels of Review. Except for signs subject to initial review by the planning commission, initial review of all sign permit applications shall be administrative, by or under the direction of the director. Any appeals would first be heard by the planning commission, then the city council. The city council's determination shall be final unless judicial review is sought. Sign program proposals and variance applications begin their formal review at the planning commission level, although the director may perform an initial review and make recommendations to the planning commission. All reviews by the planning commission and city council shall be at a duly noticed public hearing at which evidence shall be taken, findings made, and a written decision issued within sixty days.
C.
Who May Appeal. Appeal from a permit decision or any other sign-related decision may be made by the applicant, the owner of the subject sign, or any other person whose interests are directly affected by the decision.
D.
When Appeal Rights Arise. The appeal right arises at the earlier of: (1) when a written decision is delivered to the applicant, or (2) the time for decision has run without the issuance of written decision to the applicant. For the purposes of this section, "delivered" means the date the decision was personally delivered to the applicant or postmarked, whichever occurs first.
E.
Time and Method of Appeal. Appeal from a sign-related decision is effected by filing a signed, written notice of appeal with the city clerk within fifteen calendar days of when the appeal right arises. The notice shall identify the decision, the person appealing, and the grounds of the appeal, and provide contact information for the appellant. Use of a standard form provided by the city is optional. The notice is effective only when accompanied by the applicable appeal fee in an amount set by the city council.
F.
Time for Decision. At each level of review or appeal, the decision shall be rendered in writing within sixty calendar days. The time period begins running when the application is complete (or is deemed complete because no notice of incompleteness has been given), or the notice of appeal has been filed, whichever applies. The timely decision requirement may be waived by the applicant or appellant. If a decision is not rendered within the sixty days the application shall be deemed approved. In the case of an appeal, "deemed approved" means that the lower level decision shall be deemed affirmed.
G.
Status Quo. During the pendency of review or appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical condition, constitutes a significant and immediate threat to public safety.
(Ord. 985-07 § 2)
§ 17.76.090 Exemptions from permit requirement.
Unless otherwise provided in this chapter, the signs listed in this section are categorically exempt from the permit requirement. This section is not intended to be exhaustive as to exemptions from permitting, in that other provisions of this code may contain other exemptions. Signs exempt from permitting are subject to other applicable codes, regulations or rules.
The following categories of signs are exempt from permitting and application fee requirements:
A.
Official notices issued by any court, public body or public officer;
B.
Notices posted by any public officer in performance of a public duty or governmental function, or for any person in giving legal notice;
C.
Traffic, directional, warning, or information signs required or authorized by the public authority having jurisdiction;
D.
Official signs used for emergency purposes only;
E.
Public utility signs, provided such signs do not exceed three square feet in area;
F.
Flags displaying noncommercial images or symbols, provided they comply with all applicable codes including Section 17.76.120 regarding area and number and height of poles;
G.
Signs that conceal interior storefront security bars, grilles or gates at such times that such bars, grilles or gates are being utilized for security purposes.
(Ord. 985-07 § 2; Ord. 1084-13 § 4)
§ 17.76.100 Prohibited sign types.
Unless otherwise provided, the following signs shall be prohibited in all zones:
A.
Lighting—Wattage. Signs which contain or utilize any exposed incandescent lamp with a rated wattage in excess of forty watts. Notwithstanding this wattage allowance, all exterior lighting fixtures shall be directed onto the property and no direct glare shall be visible from adjacent residentially zoned and/or developed properties. Moreover, the maximum allowable illumination at the property line shall not exceed one-half foot candles;
B.
Lighting—Exposed. Any exposed incandescent lamp with an internal or external metallic reflector;
C.
Spotlights and Search Lights. No sign shall contain any spotlight or searchlight used for advertising purposes which is visible from any public right-of-way; nor shall any illuminated sign change color or intensity;
D.
Animated signs and moving image signs;
E.
Any moving, flashing, rotating or scintillating sign component or structure;
F.
Any sign advertising or displaying a message advocating or promoting any unlawful act, business or purpose;
G.
Devices or signs emitting bubbles, smoke, fumes, or other free floating particles of matter;
H.
Any notice, placard, bill, poster, card, sticker, banner, sign, advertising or other device calculated to attract the attention of the public, which any person posts, prints, sticks, stamps, tacks, or otherwise affixes, or causes the same to be done to upon any street, street furniture, right-of-way, sidewalk, crosswalk, curb, lamp post, hydrant, tree, alley, telephone, or lighting system, or other public alarm or communication system;
I.
Any stringers, twirlers or propellers, flares, and similar attention-attracting devices, including noise-emitting devices;
J.
Devices projecting or otherwise reproducing the image of a sign or message on any surface or object;
K.
Signs emitting or amplifying sounds for the purpose of attracting attention;
L.
Resemblance to Traffic Devices. No sign shall, by color, wording, design, location or illumination, resemble or conflict with any traffic control device;
M.
Signs which block or interfere with the visibility at or near street intersections or driveways;
O.
Obstruction. No sign shall be located so that any portion of the sign or its supports interferes with the use of any fire escape or exit, or obstructs any required standpipe, stairway, sidewalk, roadway, door, ventilator, or window; nor shall any sign be located so as to obstruct the visibility of vehicles or pedestrians;
P.
Proximity to Utility Lines. No sign shall be closer to a utility line than allowed by the California Public Utilities Commission and Occupational Safety and Health Administration;
Q.
Off-Site Commercial. Signs displaying off-site commercial messages are prohibited except as expressly allowed by this chapter, such as human signs.
(Ord. 985-07 § 2; Ord. 1083-13 § 3)
§ 17.76.110 Maintenance.
A.
Generally. Signs shall be maintained at all times in a safe and attractive manner, free of fading, peeling, chipping or rusting. All supporting structures, braces, bolts, clips, supporting frames and fastenings shall be free from deterioration, termite infestation, rot, rust or loosening.
B.
Ground Maintenance. Every person responsible for any sign or sign structure shall keep the ground within eight feet from the base of such sign, signboard or advertising structure free and clear of weeds, rubbish and other flammable waste material.
(Ord. 985-07 § 2)
§ 17.76.120 Signs on residential uses and in residential zones.
A.
Allowances by Dwelling Unit. On all legal residential uses, including legal nonconforming residential uses, whether single-family or multiple unit, each dwelling unit may display signs as described in this section. A permit is required only when the sign meets the definition of "structure" in the zoning code. These provisions do not override more restrictive terms which may appear in private contracts and leases.
1.
The total area of all signs, not including name plates or flags, displayed on a single property, shall not exceed twelve square feet at all times; however, this amount may be doubled in the time period which begins forty-five days before a primary, special or general election, and ends five days after such election. In the case of double sided signs, area is measured one side only.
2.
A total number of two signs may be displayed, except in the pre-election period, described in subsection (A)(1) above, when there is no limit on the number of signs.
3.
The maximum height of any sign is five feet. Additionally, signs attached to buildings may not project above the roofline.
4.
Internally illuminated signs are prohibited on all residential uses; however, internally illuminated addresses are permitted provided the number size does not exceed five inches and the rated wattage does not exceed forty watts.
5.
Message types are limited to: garage sale, real estate for sale, noncommercial. Off-site commercial messages and signs for home-based occupations are not allowed.
6.
Flags are subject to the following restrictions:
a.
The maximum number of freestanding poles per parcel is one.
b.
The maximum height of freestanding flag pole shall not exceed the roofline of the residential structure or the height limit set in the general plan.
c.
The number of flags per freestanding pole is not limited.
d.
The total display area of all flags (measured one side each) shall not exceed one hundred square feet, measured one side only.
e.
No commercial images may be displayed on flags on residential uses.
B.
Multiple Unit Residential Uses—Signs for the Management Office. On legal, attached, multiple-family residential uses, including legal nonconforming multiple-family residential uses, at all times and in all zones, the management office may display signs, subject to:
1.
If the management office is used as a principal residence, the sign display rights for the resident are the same as for other individual dwelling units, as stated in subsection A above.
2.
In addition to the signs authorized for individual dwelling units, the management office may display additional signs, subject to the following:
a.
Message types are limited to: nameplate, on-site commercial, those authorized by California Civil Code Section 713 (temporary real estate signs), and noncommercial.
b.
The maximum area of display face shall not exceed ten square feet.
d.
The maximum height of any display face shall not exceed five feet.
e.
Only freestanding or wall-mounted signs may be used.
f.
Internally illuminated signs are prohibited. Externally illuminated signs are permitted; however, all exterior lighting fixtures shall be directed onto the property and no direct glare shall be visible from adjacent residentially zoned and/or developed properties. Moreover, the maximum allowable illumination at the property line shall not exceed one-half foot candles.
C.
Transient Occupancy. For the purposes of this chapter, hotels, motels and other establishments offering transient occupancy are treated as commercial uses, not residential uses.
(Ord. 985-07 § 2)
§ 17.76.130 Nonresidential uses in residential zones.
The sign rules for legal, nonresidential uses in residential zones are the same as for establishments in commercial or industrial zones. However, in addition to the signs otherwise allowed, legal, nonresidential uses in residential zones may display a bulletin board or special event sign as follows:
A.
A maximum of one sign may be displayed.
B.
The sign shall be either a freestanding, wall-mounted bulletin board or special event sign.
C.
With a maximum area of thirty-two square feet, measured on one side only.
(Ord. 985-07 § 2)
§ 17.76.140 Commercial and industrial zones.
Except as otherwise provided in this chapter, the provisions of this section apply to all signs in commercial and industrial zones, and to legal, nonresidential uses in residential zones.
A.
Area.
1.
Commercial Zoned Lots. The total sign area permitted for a lot zoned commercial shall be two and one-half square feet of sign area for each linear foot of qualified street frontage. No individual commercial establishment shall be restricted to a sign square footage which is less than two and one-half times the linear footage of the building frontage of that establishment, or twenty-five square feet, whichever is greater.
2.
Industrial Zoned Lots. The total sign area permitted for a lot zoned industrial shall be four square feet of sign area for each linear foot of qualified street frontage. No individual industrial establishment shall be restricted to a sign square footage which is less than four times the linear footage of the building frontage of that establishment, or forty square feet, whichever is greater.
3.
All signs, including, but not limited to, wall, projecting, roof, ground, pole, temporary or permanent window signs, valance and marquee signs, shall be included. Only those exceptions specifically listed in this chapter shall be excluded. Except as otherwise set forth in this chapter, the sign area to be calculated shall include only those display faces which may be seen from any one direction.
B.
Freestanding and Monument Signs.
1.
Area. The total freestanding or monument sign area on any lot or parcel shall be one square foot of sign for each linear foot of qualified street frontage, to a maximum of two hundred square feet.
2.
Frontage. A minimum qualified street frontage of sixty-five feet shall be required for each freestanding or monument sign.
3.
Height. The maximum height of any freestanding sign and its supporting structure(s) shall be thirty feet, except that the height of a ground sign may be increased by adding one foot of height for each two linear feet the sign is set back from the front property line, provided that the maximum height of any such sign does not exceed forty feet to the top of the sign from grade.
4.
Attachments. Permanent attachment to the ground is required for all freestanding and monument signs.
C.
Projecting Signs.
1.
Area. The total projecting sign area permitted on any lot or parcel shall be equal to one square foot of sign area for each linear foot of qualified street frontage of the lot or parcel where the sign is being constructed, to a maximum projecting sign area of one hundred square feet.
2.
Height. The minimum height of the bottom of any portion of a projecting sign shall not exceed eight feet, as measured from the sidewalk or finished grade directly below the sign. The maximum height of a projecting sign shall not exceed ten feet above the apparent flat roofline or eave line, whichever is higher; provided, however, that the maximum height of a projecting sign shall be twenty-five feet, measured from the sidewalk or finished grade to the highest point of the sign and its supporting elements.
3.
Projection. A sign may not project more than two feet from the building wall or face if the bottom of the sign is eight feet above the sidewalk or finished grade. That projection may be increased by one additional foot for each two feet the sign is raised above the sidewalk or finished grade, to a maximum projection of five feet; provided, however, that no sign may project over more than one-half the width of a sidewalk.
4.
Attachments. Projecting signs shall be free of any exposed bracing, angle irons, guy wires, cables or other supporting elements.
5.
Thickness. The maximum thickness of projecting signs, measured on the sides parallel to any building, shall not exceed eighteen inches.
6.
V-shaped Signs. Any projecting sign with sides that are not parallel to any building shall be considered a V-shaped sign. The maximum width of any single face of a V-shaped sign shall not exceed five feet. Both sides of any V-shaped sign shall be counted in calculating the permitted sign area.
D.
Awnings and Marquees.
1.
Awnings. Awnings shall not be limited to projecting sign criteria, but signs on those awnings shall be subject to the square footage limitations set forth in subsection A of this section. Signs on awnings shall be limited to the identification of any business, such as name, address and logo, subject to the message substitution provision.
2.
Letter Height. The maximum letter height of any awning sign shall not exceed twelve inches.
E.
Wall Signs.
1.
Area. The total area of all wall signs permitted on any one building face shall not exceed twenty percent of the exposed area of the wall on which they are located, which twenty percent shall also include any valance, permanent or temporary window signs and painted signs.
2.
Permit Required. All wall signs whether painted, fixed or otherwise located on a wall shall be subject to the permit requirements of this chapter.
3.
Height. Wall signs shall not project above the apparent roofline or the eave line, whichever is higher.
F.
Illumination. Internal or external illumination is allowed, subject to a maximum of forty watts; however, flashing, moving or sequential operation is prohibited. Notwithstanding the foregoing, all exterior lighting fixtures shall be directed onto the property and no direct glare shall be visible from adjoining residentially zoned and/or developed properties. The maximum allowable illumination at the property line shall not exceed one-half foot candles.
G.
Human Signs. Upon receipt of a sign permit from the city, human signs that comply with all of the following provisions shall be permitted on private property and in public parkway areas and sidewalks:
1.
Human signs shall not be stationed or positioned within twelve feet of any street intersection or within the public median.
2.
Human signs shall not exceed a maximum of eight square feet in size.
3.
Human signs shall not block the visibility of any traffic control device or traffic signal for motorists, bicyclists or pedestrians.
4.
Human signs on public sidewalks shall yield to the passage of pedestrians.
5.
A maximum of two human signs per business establishment shall be allowed to operate at any one time. In addition, as many as two additional human signs per business are allowed once each calendar year for as many as thirty concurrent days upon receipt of a temporary sign permit from the city. This permit requirement shall be subject to Section 17.76.145(E) and (K) of this code.
H.
Permanent Window Signs. The cumulative total area for permanent window signs shall not exceed fifty percent of the area of the windows on which the signs are displayed, except that no individual establishment shall be restricted to less than ten square feet of window signage. Permanent window signs shall comply with subsections A and E of this section regarding total sign area permitted and total area of all wall signs permitted.
I.
Digital on-premises signs. Prior to the installation of a digital on-premises sign:
2.
No digital on-premises sign shall be located within one hundred feet of a property zoned residential and each digital sign shall be oriented away from properties zoned residential. Light intensity shall not exceed a brightness level of 0.3 foot candles above ambient light measured at the property line of the nearest residential property.
a.
Measurement of Distance. For purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the digital sign to the nearest property line of any land use, land use district, or zone.
3.
Only one digital on-premises sign shall be permitted per tenant.
a.
A digital on-premises sign shall not exceed fifty percent of total sign allotment per tenant.
b.
On multiple tenant developments, no permits for digital on-premises signs shall be issued until approval of a master sign program for the development has been granted by the community development director and/or designee.
c.
Only one digital on-premises sign shall be permitted on a freestanding or monument sign.
d.
Where a single tenant or multi-tenant development exists over multiple parcels, including parcels used for parking, no additional digital on-premises sign shall be permitted solely as the result of the additional parcel(s).
4.
The following limitations apply to all digital on-premises sign displays:
a.
No sign shall display animated messages, including flashing, blinking, fading, rolling, shading, dissolving, or any other effect that gives the appearance of movement.
b.
No sign shall include any audio.
c.
Signs shall display static images only and shall not change more than once every five seconds.
d.
Transitions from one static image to the next shall appear instantaneous, without the appearance of animation.
e.
Each sign shall come equipped with automatic dimming technology which automatically adjusts the sign's brightness based on actual ambient light conditions. Measurement shall be taken at least thirty minutes past sunset, using a foot candle meter to record the ambient light reading for the area. This is done while the message center is off or displaying all black copy. No sign shall exceed a brightness level of 0.3 foot candles above ambient light. The reading shall be taken with the meter aimed directly at the message center at the appropriate pre-set distance. The measuring distance shall be calculated with the following formula:
 |
f.
Digital on-premises signs shall be programmed to go dark in the event of a malfunction.
(Ord. 985-07 § 2; Ord. 1083-13 § 6; Ord. 1089-13 §§ 4, 5)
§ 17.76.145 Temporary signs.
In all nonresidential zones, temporary banners, decorative flags, feather banners, and portable signs (e.g., A-frames) are permitted subject to the requirements of this section.
Temporary banners, decorative flags, feather banners, and portable signs shall require a temporary sign permit issued by the community development department, upon application of the owner, occupant, or tenant, and shall be subject to the following conditions:
A.
Size.
1.
No banner shall exceed forty square feet in area or cover more than twenty percent of the surface of any wall segment of any building upon which it is affixed.
2.
No decorative flag or string of flags or feather banner shall exceed forty square feet in area or one hundred feet in length.
3.
No portable sign shall exceed twelve square feet in area.
B.
Location. Temporary signs shall be securely fastened on all sides to the wall of the structure, face of the building, roof, and/or face of an existing permanent sign, and shall not be allowed to flutter freely. No temporary sign shall block or impede traffic or visibility at or near street or alley intersections or driveways. No temporary sign shall project into the public right-of-way or over a property line.
C.
Number of Temporary Signs. Each tenant space is limited to:
1.
One or more banners, for a cumulative banner area not to exceed forty square feet; or
2.
One or more decorative flags/feather banners, for a cumulative banner area not to exceed forty square feet; or
3.
One or more portable signs, for a cumulative sign area not to exceed twelve square feet, subject to the restrictions contained herein; or
4.
For tenants occupying corner leased spaces, each tenant frontage may have: (a) banner(s), and (b) decorative flags/feather banners and portable signs, subject to the other provisions of this section.
D.
Duration. No more than two sign permits shall be granted during any calendar year, for a cumulative total of not more than one hundred twenty days. The temporary sign shall have its expiration date affixed to it.
E.
Penalty. A penalty will be imposed for temporary signs installed prior to the issuance of a permit. The penalty will constitute the deletion of thirty days from the cumulative time period allowed for temporary signs.
F.
Temporary Identification. In addition to the limitations of subsection D of this section, any owner, occupant, or tenant not otherwise having a permitted permanent sign shall be permitted to have a banner for a period not to exceed sixty days to direct attention to the name of the owner, occupant, or tenant of the premises upon which the banner is placed, or identifying the premises, or advertising goods manufactured, sold or produced or services rendered on the premises upon which the banner is placed, pending the installation of a permanent sign upon receipt of a sign permit for the permanent sign.
G.
Maintenance of Temporary Signs. All temporary signs must be maintained in good condition and repair. Any temporary sign which is torn, faded, sagging, or otherwise in disrepair shall be removed or replaced.
H.
Authorization for Removal. The applicant for a temporary sign permit shall consent to the city entering upon the lot or parcel solely for the removal of the temporary sign, when a sign is not promptly removed at the expiration of the permitted period. Such entry and removal shall occur only after not less than forty-eight hours' written notice is posted upon the property and left with a manager or other responsible person at the location of the temporary sign.
I.
Revocation. The community development director may revoke a permit granted under this section for any of the following reasons:
J.
Temporary Window Signs. In addition to the temporary signs outlined above, temporary window signs may be used for as many as thirty consecutive days and as many as one hundred twenty total days in any one calendar year. The cumulative total area for temporary window signs, displayed for a business, shall not exceed:
(Ord. 1083-13 § 7)
§ 17.76.150 Generally.
This section states the rules for signs which turn on land use (other than residential) regardless of zone.
A.
Real Estate or Construction Signs. Temporary real estate or construction signs are allowed without permits or fees in all zones, subject to:
1.
Maximum Number. One sign shall be permitted for each street or highway frontage.
2.
Physical Type. The sign may be wall-mounted or freestanding.
3.
Size.
a.
In any residential zone the display face shall not exceed twelve square feet in sign area on any building frontage or twenty-four square feet in total sign area on the site; or
b.
In any commercial or industrial zone the display face shall not exceed forty-eight square feet on any single frontage or ninety-six square feet in total sign area on the site.
4.
Height.
a.
A wall-mounted sign shall not extend above the highest point of a parapet wall or the lowest point of a sloping roof.
b.
A freestanding sign shall not exceed eight feet in height from finished grade in residential zones, and shall not exceed sixteen feet in height from finished grade in commercial and industrial zones.
5.
Location. Freestanding signs may be placed in required yard areas.
6.
Lighting. Illumination is prohibited.
7.
Time Limit. Real estate signs shall be removed from the premises within fifteen days after the subject property has been rented, leased, or sold. Construction signs shall be removed within fifteen days after an occupancy inspection certificate has been issued by the city or within fifteen days of the completion of the construction.
B.
Pennants and Banners at Automobile Dealerships.
1.
Stringers or clusters of pennants, banners or streamers may be displayed at new or used automobile dealerships, provided that the stringers or clusters are not less than eight feet nor more than thirty feet high.
2.
All stringers, pennants, banners or streamers must be kept in a well-maintained and attractive manner.
3.
A sign permit must be obtained annually for all stringers, pennants, banners, or streamers at all new or used automobile dealerships.
C.
Temporary Noncommercial Messages. Nonresidential uses may display temporary signs expressing only noncommercial messages at all times, without permit or fee, subject to the following:
1.
The area of display face shall not exceed twelve square feet, except in the time period which begins forty-five days before a primary, special or general election, and ends five days after the election, the maximum area is twenty-four square feet;
2.
The height shall not exceed eight feet;
3.
Signs shall be either freestanding or mounted on walls, doors, windows;
4.
The signage allowed by this section is in addition to that otherwise allowed.
D.
Building Identification Signs. In addition to the signs otherwise allowed by this chapter, building identification signs are allowed, subject to a permit and fee, in all commercial and industrial zones, and on legal nonconforming nonresidential properties in other zones, subject to the following:
1.
A maximum of one sign may be displayed;
2.
The sign shall be wall-mounted only;
3.
The maximum area of display face shall not exceed six square feet;
4.
The maximum height shall not exceed the following:
a.
Where a building identification sign is located more than thirty feet above the finished grade, as measured from the bottom of the sign, the area of such sign shall not exceed two percent of the exterior wall area of the building wall on which the sign is mounted, and
b.
No sign shall extend above the apparent flat roofline or eave line.
(Ord. 985-07 § 2)
§ 17.76.160 Unlawful signs.
A.
Generally. The passage of time does not cure the illegality of a sign which was built, installed, modified, altered or erected in violation of the relevant rules then in effect.
All advertising structures, signs or accessory signs which do not conform to the provisions of this chapter, but which were constructed in compliance with previous regulations, ordinances, resolutions or other conditions of approval, shall be regarded as legal nonconforming and may remain as permitted by this chapter, except as specified in this chapter.
B.
Removal.
1.
Temporary and Portable Signs. Temporary or portable nonconforming signs which were not removed or brought into compliance on or prior to the effective date of this chapter shall be deemed illegal after that date and subject to an immediate removal order and/or abatement.
2.
Painted Wall Signs. Nonconforming signs which are painted directly onto walls shall be painted out, or brought into compliance with the provisions of this chapter when there is a change in business license of the owner or lessee of the property on which the nonconforming painted wall sign exists. Whenever the city becomes aware of the existence of such a nonconforming sign, the director shall notify the owner of the property where such nonconforming sign is located of the provisions of this section. Such owner shall notify any prospective purchaser or lessee of the existence of any such nonconformity and the requirements for removal.
3.
Permanent Signs. Permanent nonconforming signs shall be removed or brought into compliance with the provisions of this chapter whenever the owner of such sign: (a) requests permission to remodel or remodels that sign (remodel does not include the change of display face), or (b) expands or enlarges the building or land use upon which the sign is located and the sign is affected by such construction, or the cost of construction enlargement, or remodeling of the sign exceeds fifty percent of the cost of reconstruction of the building. Such signs shall also be brought into conformity when an owner seeks relocation thereof, or when the use of such sign has ceased or the structure upon which it is displayed has been abandoned for a period of not less than ninety days. The cost of removing an abandoned sign may be charged to the legal owner of the sign or property.
C.
Alteration.
1.
Generally. Nonconforming signs shall not be repaired, altered or added to, or the nonconformity expanded or changed, unless such repairs or alterations are otherwise required by law.
2.
Damaged Signs. Any nonconforming sign which has been less than fifty percent destroyed by any means other than normal wear and tear may be restored to its original condition, provided that the destruction is other than facial copy replacement, and the sign is repaired within thirty days from the date of its destruction or damage. "Less than fifty percent destroyed" means that repair would cost less than fifty percent of complete replacement with a new sign of equivalent characteristics.
D.
Abandoned Signs. It is unlawful for any person to maintain or permit any conforming or nonconforming sign to remain in place for more than ninety days after the business to which the sign pertains is removed from, or has discontinued the use in the building or site where the sign is located.
E.
Abatement of Safety Hazards. If the director finds that any sign or other advertising structure regulated this chapter is unsafe or unsecured, or is a menace to the public health and safety by virtue of its physical condition, as opposed to the message thereon, or has been constructed in violation of the provisions of this chapter, such sign or other advertising structure shall be considered to be a nuisance and subject to the nuisance abatement procedures set forth in Chapter 8.24. If the sign presents a serious and immediate threat to the public safety, the sign may be summarily abated by the city and the cost of removal or abatement may be charged to the sign owner or property owner. This provision does not limit the city's remedies for ensuring compliance with this chapter.
(Ord. 985-07 § 2)