A. STATEMENT OF INTENT Aesthetically pleasing signage improves the visual appearance of a community for visitors, residents, and persons engaged in commercial activities. The purpose of this Article is to assist in the aesthetic improvement on the City of Needles, enhance business opportunities and improve the impression of the City's quality and character. In addition to improving the appearance of the City's commercial district and other visible areas of the City, the City seeks, with this Article, to promote public safety and reduce hazards to motorists and pedestrians. Within this Article is the City's goal to foster and encourage business in the city and encourage sound and aesthetic sign use practices with the establishment of these non­ arbitrary and non-discriminatory standards and procedures for the regulation of signs. This Article is intended to allow for signage that will properly and effectively identify businesses, organizations, institutional establishments and enterprises within the city and result in an increase in property values within the city. It is intended that this Article will also provide a means for the elimination of signs that are abandoned or no longer in use, and a requirement for maintenance of existing signs that remain in use. The Article provides for a reasonable, timely and economically feasible transition without undue financial burden on the city or its citizens. B. SCOPE The provisions of this Article shall govern any words, letters, figures, emblems, designs, or other method of display on any material for visual communication which is used to advertise or to promote the interest of any person, business, group or enterprise and includes on-premises and off-premises devices as well as accessory or secondary advertising devices. C. SUBSTITUTION Non-commercial messages may be substituted for commercial messages on any allowable sign. Sign copy of any permitted or exempted sign may be changed without the requirement of any new permits or authorizations provided the manner in which it is presented is not a prohibited manner (i.e. changed from normal painted sign copy to a flashing or running message) or changing from an exempted sign to a non-exempted sign. D. SEVERABILITY Should any provision, section, paragraph, sentence, or word of this Article be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Article shall remain in full force and effect.

E. CONFLICTING REGULATIONS In the event of any conflict between the requirements of this Article and/or the requirements of other regulations or ordinances, the more restrictive shall apply. F. SPECIFIC OVER GENERAL TERMS General terms shall govern all aspects of this Article except where specific provisions state a contrary intent. In that event, the specific provisions shall govern over the issue discussed in the more specific provision. G. LEGAL NON-CONFORMING SIGNS

1. Expansion. Legal non-conforming signs may not be expanded, moved or structurally altered to extend their useful life.

2. Re-establishment. Legal non-conforming signs may not be re-established after abandonment, removal, or after damage or destruction of more than 50% of their replacement cost. Replacement cost will be determined by the Building Official, based on the cost of replacing the sign with a professionally made sign of a similar type (and without regard to whether such replacement could actually occur). This paragraph is not intended to relieve the owner of a non-conforming sign from properly maintaining a sign in a like new condition.

3. Removal Requirement. Legal non-conforming signs must be removed within thirty (30) days of notice by the city that the sign or signs have suffered damage or been destroyed more than 50% and may not be re-established. Any sign not so removed shall be deemed a public nuisance and shall be subject to the enforcement procedures set forth in 104.17.1 (I) of this chapter

H. APPEALS

1. Authority. Decisions of the Planning Director regarding matters contained in this chapter are final unless appealed to the Planning Commission. Decisions of the Planning Commission are final unless appealed to the City Council. City Council decisions regarding such appeal shall be final unless a judicial appeal is filed in a Court of competent jurisdiction within thirty (30) days from the final decision of the City Council. 2. Appeal process. Request for appeal shall be filed in writing with the City Clerk within ten (10) days of the decision or the applicant loses their right to appeal such decision. All appeals will be heard within thirty (30) days and a decision rendered within fifteen (15) days of the date of the hearing or sooner. The filing of a Notice of Appeal will delay further action on the decision unless found to be a danger to health and safety.

I. ENFORCEMENT

1. General Provision. Any person, firm, corporation or entity found to be in violation of any provisions of this chapter, or found to have caused, assisted in, or permitted any such violation, shall be guilty of an infraction. A separate offense or violation of this chapter shall be deemed to have occurred for each day, or portion thereof, during which any violation of any provision of this chapter is committed, continued or permitted by such person, firm, corporation or entity. 2. Public Nuisance and Abatement. Any sign installed or maintained contrary to the provisions of this chapter is deemed to be a public nuisance. Any sign deemed to be a public nuisance may be abated in accordance with the abatement procedures established in the City of Needles Municipal Code. Any sign found to be a danger to health and safety may be summarily abated without notice.

Abandoned Sign - means a sign pertaining to a past event, a sign located on a parcel of land or on a structure, either of which is vacant for a period of ninety (90) days, and a sign pertaining to a past occupant or business different from the present occupant or business on the premises. A-Frame Sign - any portable and/or temporary freestanding sign (not necessarily in the shape of an "A"). Accessory Signs - a sigri which is not intended to identify or advertise a specific business or institution, but instead is intended to advertise or identify a commodity or service offered by a business located on the same property as the sign. Activity - a business establishment under management separate from any other business establishment on the same site. Advertising Statuary - means and is an imitation, representation or similitude of a person or thing which is sculptured, molded, modeled or cast in solid or plastic substance, material or fabric and used for commercial advertising purposes. Alteration - means and is any change of copy, color, size, shape, illumination, position, location, construction or supporting structure. Animated Sign - means and is a sign designed to attract attention through movement or the semblance of movement of the whole or part, including but not limited to, signs which swing, twirl, move back and forth or up and down or signs which change color or shades of color, or any other method or device which suggests movement, but not including flags, banners and time and temperature signs. Banner - any cloth, bunting, plastic, paper, vinyl or similar material attached on all four corners to any structure, pole, or framing for the purpose of advertising or drawing attention to a business, product, institution, or service for special events, or more durable banners may be used as part of regular signage. Billboard - an offsite sign that is erected in the conduct of the outdoor advertising business (i.e., billboards). This includes any signs erected by the property owners for the purpose of renting or leasing space for advertising to any business, entity or product that is located off the premises of the sign. This also includes the lease of real property to any other business, person or entity for the purpose of erecting an Outdoor Advertising Sign (also "outdoor advertising sign"). Building Frontage - the lineal measurement of the actual building foundation, or portion of the building being used for the business (exclusive of patios or accessory structures as defined by the Uniform Building Code) on the side or sides of a building adjacent to a street right-of-way or along the main entrance when the building is not adjacent to a street right-of-way. Business Complex - three (3) or more business entities located on one parcel or on contiguous adjoining parcels, or at least 1.5 acres, which have been deemed by the Planning Commission to be a business complex for purposes of signage. Business Complex Occupant Sign - signs for individual occupants of a business complex. Business Complex Sign - an onsite freestanding or monument sign utilized in conjunction with a recognized business complex that advertises for all occupants of said complex.

Business Directory Sign - means and is a sign placed in the public right-of-way by the City and owned by the City and built to City specifications. Such signs are placed at road intersections approved by the Planning Commission to point the direction to businesses that have applied for and received an approved permit for placement on a City owned sign structure. Clear Sight Triangle - triangular-shaped portion of land, as shown below, established at a street intersection or driveway in which no signs are placed in a manner that could limit or obstruct the sight distance of motorists entering or leaving the intersection or driveway.

Commercial Sign - any device, display, fixture, structure, or object used to identify, advertise, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by means of pictures, words, figures, designs, symbols, fixtures, colors, illumination, or projected images for the purpose of obtaining financial remuneration. Double-Faced Sign - a sign which is a single structure designed with the intent that each side be viewed from opposite directions. Fence Sign - a sign which is affixed to a fence. Freestanding Sign - a sign, other than a monument sign, not attached to any building and supported by nothing other than its own construction. Illegal Non-Conforming Sign - a sign that was erected without complying with the requirements of the local sign ordinance at the time it was erected or failed to comply with permit renewal requirements after the sign was erected. Legal Non-Conforming Sign - a sign that conformed to all applicable regulations/ permit requirements when established at its present location and continued to renew any necessary permits required under the regulations existing when the sign was established, but does not conform to the regulations/ permit requirements of this chapter. Monument Sign - a single or double-faced sign that is designed and constructed as part of, and placed onto, a monument base.

Multi-Faced Sign - a sign which is a single structure designed with the intent that each side be viewed from different directions. Non-Commercial Sign - any device, display, fixture, structure, or object used to identify, display, direct or attract attention to an object, person, organization, idea, event, or location by means of pictures, words, figures, designs, symbols, fixtures, colors, illumination, or projected images for the purpose of imparting or sharing an idea or opinion. Offsite Sign - a sign that is used to identify or advertise a business, institution, service, product, event or activity located on a parcel other than that upon which the sign is located. Outdoor Advertising Sign - an offsite sign that is erected in the conduct of the outdoor advertising business (i.e. billboards). This includes any signs erected by the property owner(s) or others with permission of the owner(s) for the purpose of renting or leasing space for advertising any business, entity or product that is located off the premises where the sign is located. This also includes the lease of real property to any other business, person or entity for the purpose of erecting an outdoor advertising sign (also see "billboard"). Painted Wall Sign - a sign that is painted onto a building surface for the purpose of advertising any business, service, entity or product that is offered within the same building. An artistic mural that does not and is not intended to advertise, identify or promote a business, product or service is not a painted wall sign. Pedestrian Walkway Sign - a sign hung from or on a canopy, awning or like structure in such a manner as to hang over or adjacent to a pedestrian walkway and oriented so as to direct a message to pedestrian traffic.

Pennant / Streamer - any series of cloth, bunting, plastic, paper, or vinyl flags or balloons or similar material attached to a line or rope and displayed for the purpose of advertising or drawing attention to a business product, institution, or service. Any similar advertising device that does not fit this definition may be interpreted as a banner. Primary Sign - a sign intended to identify or advertise a specific business or institution located on the same property as the sign, rather than one or more products or services offered. Primary Wall Sign - a wall sign intended to identify or advertise a specific business or institution located on the same property as the wall sign. Projecting Sign - single or double-faced signs attached to a building which extends in a perpendicular plane from the wall to which they are attached.

Real Estate Development - a real estate development includes any new commercial, business park or residential development consisting of at least fifteen new units that is offering said units for sale. Roof Line - a "roof line" is the highest point of a roof on any building. In cases where different portions of a building or structure have varying roof heights, each section has different roof lines. Architectural projections above the roof are not considered part of a "roof line". Roof Sign - a sign affixed to the roof of a building or structure.

Sign - any device, display, fixture, structure, or object used to identify, advertise, display, direct or attract attention to an object, person, institution, organization, business, product, idea, service, event, or location by means of pictures, words, figures, designs, symbols, fixtures, colors, illumination, or projected images. Artistic murals that do not include a commercial message on the same wall or an adjoining wall, are not considered signs. Sign Area - the area of the smallest rectangle enclosing all advertising or ornamental elements of a sign. The sign base or supports are not included in calculating sign area unless they form an integral part of the design of the sign. The base of a monument sign is not considered in calculating the sign area.

Sign Height - in the case of a freestanding or monument sign, sign height shall be the distance from the base of the sign at the grade of the center of the street (or freeway if approved as a freeway-oriented business pursuant to Section 104.17.5 (E)(1)(b) nearest to the location of the sign to the top of the highest component of the sign. For all other signs, sign height shall be the distance from the lowest point of the Sign to the highest point of the sign, or any component thereof.

Special Event Sign - a banner, pennants, commercial flag, streamers, balloons, A­ frame sign or other similar allowable object, placed for a period of time and for a purpose as permitted under this Article. Temporary Sign - a sign placed for a period of time not to exceed seventy two (72) hours in any zone and not more than four times in any calendar year. Wall Sign - a sign affixed to an exterior wall of a building .

Window Sign - a sign painted onto, affixed to, or placed in or in front of a window so as to convey a message to persons outside the building.

A. Permit Requirement. The purpose of a sign permit is to insure compliance with the provisions of this Article. Unless specifically excluded by the Article, a sign permit is required to erect, construct or otherwise place any sign conveying a message for a commercial, industrial, private or institutional use, service or product. Any sign to be altered or relocated requires a new sign permit and, where the Building Official deems it appropriate, a building permit. A sign permit shall not be issued for any sign or sign structure that is not in compliance with this Article. A sign permit shall not be issued to any applicant whose other signs are in violation of this Article. A sign permit application shall include:

1. The names, addresses and telephone numbers of the applicant and property owner. 2. The address and accurate description or drawing of the precise location of the proposed sign and any existing sign structures or other conditions located on the premises. 3. A drawing or photograph of the sign with the intended measurements and height. 4. A visual description of the colors to be used. 5. The Planning Director may request additional drawings, diagrams, calculations or specifications if the original documents submitted are insufficient to clearly understand the request, or the sign is of a size and height that engineering specifications are needed to determine building and safety issues.

B. Sign Permit Method of Review. Following submittal of the completed sign permit application, the Planning Director, or his/her authorized representative, shall render a decision to approve, conditionally approve, or deny the permit based upon conformance with this Article, or shall place the matter on the Planning Commission agenda if required. C. Expiration. A sign permit shall become void if the work authorized under the properly-approved sign permit has not been completed within six (6) months after the date of its issuance. If, after six (6) months from the date of issuance of a sign permit, any portion of the sign has been erected and the construction work thereon is not completed, the Planning Director shall cause the removal of such partially­ completed sign. D. Permit Fees. Sign permit applications shall be accompanied by a one time permit fee as set by the City Council by resolution from time to time. Fees shall be waived for temporary signs and signs permitted for non-profit charitable institutions or associations. E. Payment of City Expenses. To obtain a permit for any sign established without proper permits for a sign that meets the requirements of this Article, the business owner or the person responsible for such permit shall pay any and all costs expended by the City to enforce this or any prior section as well as any permit fees that are due.. F. Exempt Signs. A sign permit is not required for the following signs:

1. Three flags per parcel not larger than fifteen (15) square feet nor taller than twenty (20) feet. 2. Traffic or highway sign or similar warning devices. 3. Legal notices of the minimum size allowed. 4. Utility company signs identifying conduits, cables, danger or other similar notices. 5. One sign per parcel in any zone not larger than six (6) square feet and no taller than four feet (4'). 6. Memorial tablets or historic markers. 7. Since window signage is usually changed often, no permit is needed for window signage. 8. One City owned sign at each main entrance to the City placed in the City right­ of-way or other public property upon which the City shall allow insignia or service club logos for non-profit organizations that operate within the City for community and/or charitable purposes. 9. One on-site sign, not to exceed six feet in height, erected by a building contractor, subcontractor, architect or engineer while actually engaged in construction of a building. In commercial or industrial zones, up to thirty-two (32) square feet in area may be displayed. In a residential zone, up to sixteen (16) square feet may be displayed. Such signs shall be removed immediately after the completion of the project. 10. On-site non-commercial informational or directional signs, including "No Trespassing" and "No Dumping" signs, up to four square feet in area and less than four feet in height. Two such signs may be displayed on parcels under one acre, four on parcels having 3 acres or more, eight on parcels having an acreage of more than 15 acres. 11. Up to four (4) temporary signs not over four (4) square feet in size may be placed without a permit up to four (4) times per year for any address. Temporary signs may be placed for a maximum of seventy-two (72) hours on private property.

The following signs are prohibited and may be deemed a public nuisance and are subject to the enforcement procedures set forth in Section 104.17.1(I):

A. Portable signs. Except for A-frame signs and signs placed with a special event signage permit, movable or portable signs, including, but not limited to signs attached to or painted onto trailers or vehicles or parts thereof for the purpose of advertising a product, institution or business; except, however, permanent identification and/or magnetic signs on vehicles used for making delivery or sales of merchandise or rendering service of the advertised business or product.

B. Signs that make noise. Signs that make sounds (excluding signs with speakers for communication with customers at businesses offering a drive-through service).

C. Signs that move, gyrate, flash or rotate. Except for permitted flags or signs placed for a special event that move with the wind, no signs are permitted that move, gyrate, flash, or rotate.

D. Signs with obscene content. Signs that show any statement or symbol of an obscene or unlawful nature or depict specified sexual activities or specified anatomical parts.

E. Signs with neon lighting on support structures. Signs, whether commercial or noncommercial in nature, that have neon lighting on their support structures. F. Placed on prohibited locations. Commercial or noncommercial signs placed, mounted or erected in the public right-of-way or on trees, utility poles, traffic signs or other public property without permission of the public entity.

G. Signs placed without permission. Whether commercial or noncommercial in nature, placed without permission of the property owner or tenant.

H. Unsafe signs. Any unsafe sign as described in Section 104.17.5 (G). I. Non-current signs. Signs that display commercial messages for a business that has ceased operations for ninety (90) days or more. J. Abandoned signs. Signs, excluding on-premise signs, which do not conform to the provisions of this Article which have not been used for 180 days or more and which were placed for a business which has been discontinued 180 days or more.

K. Intensely lighted signs. Any illuminated sign of such an intensity or arranged in a manner that creates glare for adjacent properties or vehicular traffic is prohibited.

L. Signs interfering with access. Any sign which, because of its location, would prevent free ingress or egress from any door, window, fire escape, driveway, sidewalk or bike path, or obstruct an outward view from the living area of any building is prohibited. M. Signs on public property. Placards, posters, announcements and similar signs attached to any fence, pole, tree or any other object on publicly-owned land or right­ of-way except those of an official nature authorized by a city ordinance are prohibited.

N. All onsite signage or advertisements for a "Retail Cannabis Business" as defined in Section 12A- 2(UU} of the City of Needles Municipal Code other than onsite signage or advertisements expressly permitted by state law, including but not limited to signage permitted under 16 CCR§ 5040 (b}(l}, which states in part:

"(b) In addition to the requirements for advertising and marketing in subsection (a) of this section, all outdoor signs, including billboards, shall:

{1} Be affixed to a building or permanent structure."

A. Maintenance: Every sign and sign structure allowed by this section shall be continuously maintained. This shall include, but is not limited to, painting, cleaning, replacement of lighting (for illuminated signs) or missing letters, keeping structural elements and bracing in a safe condition, and internal structural elements screened from view. Signs shall have the face(s) intact (without holes or other exterior damage).

1. Every sign and/or sign structure advertising a use no longer being conducted on the property for a continuous period of 90 days or more shall be removed, replaced with an opaque panel or painted over in a solid color.

a. Failure to Maintain Sign: Failure to maintain a sign pursuant to Section 104.17.S(A) shall result in a Notice of Violation by the City. Failure to correct the violation(s) shall result in an Administrative Citation pursuant to Chapter 2A, and abatement and/or removal of the sign pursuant to Section 104.17.1(1)(2).

B. Professional Appearance. Signs shall have the appearance of being professionally prepared and shall be maintained in a like new condition at all times.

C. Lighting. Except for time and temperature components, signs may only be lit by stationary shielded light, by light inside the sign, or by direct neon lighting. The glare from such luminous sources shall not impair the vision or otherwise interfere with any driver of a motor vehicle or shine onto adjoining properties.

D. Maximum Sign Area. Except as otherwise stated herein under specific provisions, the maximum sign area shall be as follows:

1. Generally: Unless additional square footage is allotted for river frontage businesses or rear entrance signs, the total amount of signage for all signs located at any business location shall not exceed two (2) square feet per linear foot of frontage. 2. Single Signs: The maximum area of any single sign shall not exceed 200 square feet, except a maximum of 250 square feet may be granted by the Planning Commission only after the following specific findings are made individually:

a. Based upon evidence shown through photo-simulations or similar evidence, the Planning Commission finds that a larger sign is necessary to impart a message in a reasonable manner, and b. The larger sign is found to be in scale and proportion to the building to which it is associated, and c. The larger sign will not create an unfair advantage to one business over another, and d. The larger sign will be consistent with the size of signs in the immediate surrounding area, and e. The larger sign will be presented in a manner that will enhance, rather than defeat, the purpose of this ordinance.

3. Maximum Sign Area for Permanently Mounted Accessory Signs. The maximum area shall not exceed sixteen (16) square feet unless the building footprint is at least 20,000 square feet or larger. In that event, no accessory sign may exceed 32 square feet. All such signage shall be counted toward the maximum allowable signage for the business.

4. Maximum Sign Area of Signs with Time and Temperature Displays: Notwithstanding anything contained in this Chapter to the contrary, the maximum sign area allowed for any sign that includes an automatic time and/or temperature display may be increased by up to 20% for the sole purpose of the time and temperature display, provided however that the area of the time and temperature may not be larger than twenty five (25) square feet and the total sign area may not exceed that permitted under Section (C) above. Time and temperature displays may be approved if there is at least 2,000 feet between any such signs.

5. Maximum Area of Changeable Lettering: Changeable lettering may not be used as the main sign to identify a business, however a portion of the main business identification sign, or a separate sign not exceeding 25% of the main sign or 50 square feet, whichever is less, may be permitted for changeable lettering if it is contained within a sleeve to prevent the wind from blowing off the letters. Changeable lettering permitted shall not include ele_ctronic messages that blink, flash, move, run or change more often than once per day. All signs containing changeable letters must be signs that are permanently mounted to a pole or wall or be a permanent monument sign. No movable or temporary signage with changeable lettering is permitted.

6. Allowable Sign Area for Individual Business.

a. An individual business with a combined street frontage of less than forty (40) feet (business not in a business complex) may have a maximum of 80 square feet. b. For businesses with more than forty (40) foot combined street frontage, the combined allowable sign area for all such primary signs and accessory signs shall be two (2) square feet for each lineal foot of combined street frontage. c. In addition to the maximum number and area of primary signs set forth above, an individual business with rear parking and rear entrance shall be permitted to have one additional primary sign to be mounted to the rear wall of the business, located on parcels with a sign area not to exceed 1 square foot for each lineal foot of the rear frontage of the wall to which the sign is mounted. d. Businesses.on parcels with river frontage that have received an approved conditional use permit for their presence in the CRR Zone or are a prior legal non-conforming use shall be allowed additional combined riverfront signage not to exceed 1 square foot of signage to be shared by all businesses located on the same parcel for each lineal foot of river frontage. Signs may list products or services available at the business on that site. The size shall be a minimum of sixteen (16) square feet and a maximum of two hundred (200) square feet. If there is more than one business located on one parcel, all businesses must share the allowable square footage. River complex signs where all businesses located on the parcel share one sign are encouraged.

7. Excluded in Calculating Sign Area. All signs located on any parcel of land shall be included in the calculation of total signage area, excepting the following signs, which shall not be included in calculating allowable sign area and quantity:

a. Drive-through service boards. No more than two (2) sign-boards not exceeding thirty (30) square feet for any business location placed adjacent to a drive-through lane and oriented toward customers utilizing the drive­ through.

b. Parking/other directional signs. Signs in a non-residential zone, with a sign area up to four (4) square feet each, specifically for the purpose of directing motorists to parking/other areas. c. Sports/recreation fields. Signs located on publicly owned sports or recreation fields for the purpose of identifying sponsoring businesses, providing all such signs shall be directed toward the spectators of the sport and not directed toward traffic. d. Interior courtyard signs. Signs on private property not open to the general public that are located inside a building, courtyard or mall that are not visible from a public street or right-of-way or from adjacent properties. e. Street address. Numbers and/or letters on a structure for the purposes of identifying a street address, up to a maximum of four (4) square feet. f. Signs placed during construction. One (1) sign, up to thirty-two (32) square feet in sign area, not exceeding an overall structure height of eight (8) feet, on a parcel for which construction of a commercial, industrial, residential or institutional project is imminent. Such sign shall be allowed for up to 180 days or during such time as a building permit remains active, whichever is longer, and shall be removed prior to occupancy of the project.

E. Maximum Height: Except as otherwise allowed in this Article under specific provisions, the maximum height of signage shall be as follows:

1. Freeway Oriented Business: Entities that meet the criteria as a freeway oriented business:

a. May request a sign up to seventy five feet (85'). b. Must meet at least one of the following requirements:

(i) Have at least one hundred seventy-five (175) linear feet of freeway frontage; or (ii) The parcel must be located on a freeway frontage containing at least three (3) acres; or (iii) The parcel must have principal structures consisting of a collective total of not less than twenty thousand (20,000) square feet in freeway­ oriented area within five hundred feet (500') of the freeway; or (iv) The applicant can demonstrate that entity is within five hundred feet (500') of the freeway, is dependent upon freeway traffic for business, and that said sign will not create adverse impacts on surrounding land uses.

2. General Businesses:

a. Unless qualified as a freeway oriented business, the maximum height permitted for any sign is thirty-five feet (35') above the grade of the street. b. For any monument sign, the maximum height is eight feet (8') above grade. c. For any river-front sign, the maximum height is forty feet (40') above the high water mark of the river or twenty feet (20') above the top of the bank, whichever is shorter.

3. Offsite Signs: The maximum height of an offsite sign shall be eight (8) feet, unless a more restrictive height standard is specified by this Article. No commercial off-site signs are permitted within a residential area.

F. Setback from Property Lines: No part of any sign, including the footing, shall be located closer than one (1) foot from any property line or public right-of-way.

G. Interference with Vehicle and Pedestrian traffic or Unsafe Signage: No sign shall interfere with a driver's or pedestrian's view of public rights-of-way, walkways and crosswalks or in any other manner impair public safety, interfere with the safe operation of a motor vehicle on public streets, or otherwise interfere with the use of the public right-of-way or be structurally unsound or be built or maintained in a manner that is deemed by the Building Official to be a danger to persons or property. If the planning director or public works director finds any sign to interfere with vehicle or pedestrian traffic, said sign may be prohibited as a possible hazard.

A sign may be prohibited as a possible hazard for any of the following reasons:

1. The sign blocks or obstructs the clear view of any road, street, crosswalk or pedestrian walkway; 2. The sign construction has, in the opinion of the building official, a strong likelihood of being a safety hazard to persons or property due to improper construction or maintenance; 3. The lighting on or directed toward the sign creates glare sufficient to interfere with visibility or the quiet enjoyment of neighboring properties; 4. The sign, or parts thereof, move in such a manner as to distract drivers from operation of a vehicle; 5. The sign or its supports obscure, imitate, or limit the effectiveness of traffic control signs or devices. If any applicant contests the findings of the director or the building official, the Planning Commission may require the applicant to pay the costs in hiring a traffic engineer to offer a report to the Planning Commission at any appeal on whether the sign creates a hazard. If such report is required, the time for a decision on the appeal shall be extended for the period of time it takes to obtain the report plus ten days.

H. Development Signs: Developers having fifteen (15) or more units currently for sale qualify as a business for location of an attachment on any city business directory sign in the same manner as any other business.

A. CLEAR SIGHT TRIANGLES:

1. Intersections. The 90 degree angle of the clear sight triangle is measured and located from the point of intersection of the edges of two roadways, measured from the outermost edge of the right-of-way, without regard to whether all or part of the right-of-way is improved. The 45° angles of clear sight triangles at public roadway intersections are formed and measured 30 feet in both directions from the 90 degree angle. 2. For Private Driveways or Alleys. The 90 degree angle of the clear sight triangle is measured and located from the intersection of the edge of a private driveway or alley and the outermost edge of the right-of-way of the intersecting roadway, without regard to whether all or part of the right-of-way is improved. The 45° angles of a clear sight triangle of a private driveway or alley is formed and measured ten (10) feet in both directions from the 90 degree angle.

3. Sign Limitations in Clear Sight Triangles. Freestanding signs, where permitted, may be allowed within a clear sight triangle, provided the sign or its support do not violate any other section contained within this Article. Monument signs are not permitted in clear sight triangles.

B. Monument Signs:

A maximum of one monument sign may be permitted per parcel except in the event that two monument signs can be placed on a parcel with a minimum separation of 300 lineal feet. In such cases, the measurement shall be the lineal distance as measured along the public right-of-way of the parcel. For any monument sign, the maximum height is eight feet (8') above grade.

C. Painted Wall Signs:

1. Requirements: Approval by the Planning Director or Planning Commission after making the following specific findings:

a. The design of the proposed painted wall sign will be compatible with and enhance the aesthetics of surrounding buildings, neighborhoods, other signs, the general surrounding area, and the City such that it will be consistent with the intent and goals of this Chapter, and b. That the proposed signage meets the area, height and other requirements of this Article, and c. The proposed painted wall sign will have the appearance of having been professionally painted and will not create a visual blight.

2. Permit: The applicant shall provide the information required to obtain a sign permit, plus the following:

a. The dimensions of the wall upon which the sign will be painted, and b. The design showing that the wall sign is balanced on the wall, and c. A sample of the colors to show that the design and colors will be compatible with and enhance the aesthetics of surrounding buildings, neighborhoods, other signs, the general surrounding area, and the City such that it will be consistent with the intent and goals of this Chapter.

3. Conditions: Conditions may be placed upon the approval for painted wall signs, including, but not limited to, conditions requiring regular maintenance and that applicant's other signs must all be in compliance with this Article.

D. Business Complex Signs:

1. General. A business complex may have a maximum of one freestanding sign or a maximum of two monument signs as the main sign for each business located in the complex. Construction and placement of more than one monument sign in a business complex is permissible only in the event that the monument signs can be located with a minimum separation of 300 lineal feet. In such cases, the measurement shall be the lineal distance as measured along the public right-of­ way of the parcel. Each business in the business complex, up to a maximum of ten (10) businesses, may place an attachment to the freestanding sign and/or monument sign for a business complex through coordination with the owner of the business complex property.

2. Complex Occupant Individual Sign. In addition to the above signage allowed in the business complex, each occupant of a business complex may have one (1) primary wall sign uniform to the complex. If the Planning Director determines that a primary wall sign cannot be reasonably placed for business complex occupant identification, a projecting sign or window sign may be substituted, subject to the regulations herein. 3. Complex Occupant Accessory Signs. Each occupant of a business complex may have no more than two (2) accessory signs with a maximum total sign area of sixteen (16) square feet or ten percent (10%) of the area of the wall of the building located on the side of the building where the accessory sign is located, whichever is less. The maximum sign area for all accessory signs mounted to a freestanding sign is 10% of the sign area of the sign to which it is attached. Provided, however, if the building footprint is at least 20,000 square feet or larger, no accessory sign may exceed 32 square feet. All such signage shall be counted toward the maximum allowable signage for the business. No more than three accessory signs may be displayed at any business.

4. Business Complex Designation. To be deemed a business complex, the applicant(s) must submit a signed application to the Planning Director for such designation. The Planning Director may approve or refer all such applications to the Planning Commission who shall grant the business complex designation, for purposes of signage, to any applicant(s) meeting all of the following criteria:

a. The application is from three or more business entities, or from a single developer of a master planned business complex with a uniform design theme, consisting of at least three separate intended business sites; and b. The businesses are located on either one parcel or on contiguous adjoining parcels with one parking lot; and c. The parcel of land is under one ownership or has been done as a master­ planned condominium business unit project with common areas; and d. The business owners have agreed upon a signage theme that is in architectural harmony with each other and with signage of surrounding properties and meets the intent of this ordinance.

5. Allowable Sign Area. In addition to the master business complex sign, the total allowable sign area for a business in a business complex is two square feet of sign area for each lineal foot of frontage of the business within the main building, whether in a stand alone building or in a building that has been partitioned into separate businesses.

E. A-Frame Signs

1. General. Permits for A-frame signs are specific to the business requesting the permit and not to the parcel of land on which the A-frame sign is located. Information regarding the A-frame sign permit must be located in the upper left­ hand corner of the sign. Any non-conforming sign will be impounded by the city and fee not refunded. A-Frame signs must be removed at the end of each business day. 2. Placement. A-frames signs must be located at ground level on site of the business, not in the city right-of-way, cannot block the sidewalk or interfere with traffic, either pedestrian or vehicular, and must be anchored or weighted.

3. Size and Quantity. Two (2) A-frame signs are allowed per business. Each side of the A-frame sign can measure not more than four (4) feet by four (4) feet and the area of an A-frame sign must not exceed sixteen (16) square feet in area each side.

F. Projecting Signs:

1. Encroachment into Right-of-Way. Projecting signs shall maintain a one (1) foot setback from any property line or public right-of-way unless approved by the Planning Director as a "pedestrian oriented" projecting or hanging sign which I hangs over an area with a sidewalk (promenade) in a line with other "pedestrian oriented" hanging signs to identify shops to pedestrians along the promenade. 2. Minimum Clearance. The lowest edge of any projecting sign shall have a minimum clearance of eight (8) feet from the pedestrian walkway. 3. Maximum Height. The height of a projecting sign shall not project above the height of the portion of the structure to which it is attached. (Architectural features of a building which project above the roof lines shall not be used in calculating the maximum allowable height of projecting signs.)

4. Sign Area. The maximum allowable sign area for a projecting sign is thirty (30) square feet. Any sign greater than five square feet must be approved by the Building Official as being safe to place in the intended location considering wind velocity and size.

G. Roof Signs:

1. General. Roof signs shall be placed parallel to the roof line. A roof sign shall not project beyond the end of the building wall or edge of the roof. Architectural features of a building which project above the roof line shall not be used in determining allowable placement of roof signs. A roof sign may not project above the roof line of the roof section upon which such sign is placed. Roof signs are counted as part of the maximum allowable signage for that business/property.

2. Sign Area. The maximum allowable sign area for a roof sign is 25% of the area of the roof plane upon which it is situated. 3. Prohibited Roof Signs. Roof signs may not be mounted atop a flat roof.

H. Wall Signs:

1. Location. A wall sign is only permissible if its exposed face is in a plane parallel to the plane of the wall to which it is attached.

2. Sign Area. The maximum allowable sign area for a primary wall sign is seventy­ five (75) square feet if the business has a street frontage of less than 200 lineal feet as measured along street frontage of the street upon which the main entrance is located. In the event the business has street frontage of more than 200 lineal feet, as measured along any street frontage, the maximum allowable sign area for a primary wall sign facing such street shall be 125 square feet. Notwithstanding the previous limits, no wall sign may be larger than twenty five percent (25%) of the wall surface to which it is attached.

I. Special Event Signs:

1. Time for Display. Temporary special event banners and similar advertising devices, located over private property, which are displayed for fewer than thirty consecutive days and not replaced within 60 days and not repeated more than 3 times per year.

2. Permit Requirement. A sign permit shall be required for banners, pennants, searchlights, A-frame signs, portable signs, flags, small balloons, pennants or streamers, used as special event signs, but shall consist of a simplified application that will be processed and approved or denied within three business days. Tethered balloons larger than four feet in diameter or other forms of inflatable signage or placement to attract attention are limited to one and may take longer for approval or denial due to possible review by the Building Official to determine safety requirements.

3. Quantity. No more than two (2) special event signs may be displayed by a business at any given time, excepting small flags, pennants or balloons that do not create a traffic or pedestrian hazard.

4. Placement. A special event sign shall not be placed in any location at which a primary or accessory sign could not be placed. All such signs must be located on the premises to which they pertain.

5. Appearance. Special event signs displayed for a commercial purpose that are determined by the Planning Director or his/her designee to be unsightly due to becoming tattered, faded, torn, or otherwise falling into disrepair are subject to the enforcement procedures set forth in section 104.17.1(I) of this chapter.

6. Specific Signage Regulations.

a. Balloons and any lines attached thereto must not be made of metallic or similar materials that would act as a conductor for electricity. b. A banner shall not exceed seventy-five (75) square feet in sign area. c. Banners must be attached at all four corners. d. Special event signs must be in like-new condition.

7. Flags - Non-exempt

a. The maximum permitted area of each flag must not exceed fifteen (15) square feet.

b. Each flag must not exceed a maximum height of twenty (20) feet above the finished lot grade at the base of the pole. Berming over three feet (3') is not permitted.

c. One flag is allowed for each twenty (20) lineal feet of street frontage.

d. Flags must be located on the premises to which they pertain.

e. Flags that are intended to be permanent may remain in place. Special event flags are limited in duration.

8. Pennants. The total allowable length of the pennants must not exceed two (2) linear feet of pennant per one linear foot of street frontage upon which the pennants will be placed.

J. Residential Zone Signage:

1. Commercial/Institutional Signs. Signs of a commercial nature are not permitted in a residential zone except for one on-site sign allowed in a residential zone not over 6 square feet in size and not higher than 4 feet, or a sign used to identify an institutional use permitted within the zone, after a site plan review to insure the signage is in harmony with the surrounding uses.

2. Residential Identification. Signs identifying a residential area or neighborhood, up to a maximum sign area of thirty-two (32) square feet and maximum height of eight (8) feet, are permitted at no more than two main entrances into a residential development as part of an entry statement.

K. Industrial Signage: One monument sign and one wall sign will be permitted per parcel for any approved industrial use in an industrial land use district; except in an industrial complex which allows one (1) wall sign per business and one freestanding or monument sign for all of the tenants to share.

L. Offsite Signs

1. Location. Offsite signs are only permitted:

a. In non-residential areas.

b. Along streets that are not designated scenic highways.

c. Along Needles Highway north of the intersection with Interstate 40 at the West Broadway exit, and along Highway 95 south of the Interstate 40 East Broadway freeway exit.

2. Prohibited Locations. No offsite sign may be located in the following areas:

a. Any location that will obscure a mural.

b. Within 500 feet of another offsite sign.

c. In any location that will obstruct the visibility of any primary permanent onsite signage.

d. Within 250' of a city business directory or near premise sign.

e. Between West Broadway and East Broadway freeway exits/entrances.

3. Dimensions. The height of any offsite sign shall not exceed four (4) feet and the width shall not exceed eight (8) feet, mounted within a frame no taller than eight (8) feet in height. Any signs must be mounted to a vinyl coated, painted or powder-coated metal frame with support structures no less than 3" x 3" posts or larger, depending upon the size of the sign. Generally, a sign 4' x 8' would require 4" x 4" posts to withstand wind velocity and require a breakaway system.

4. Property Owner Permission. The applicant shall provide written verification from the property owner or his/her authorized designee that placement of the sign is authorized at the proposed location. The applicant shall include the owner's name, address, and telephone number with the si n permit application.

5. City Right-of-Way. Businesses may apply to have a sign placed in a City right­ of-way in an area that is allowed for offsite signs as described in Section 104.17.5 L (1) provided that all such signs placed in the City right-of-way must be mounted on an approved City of Needles sign frame and such placement may be approved for such time as outlined in Section 104.17.5 (0) (2) relating to the City signs.

6. Multiple Businesses. Where multiple business owners require signs at the same location, those shall be combined into one common sign frame with each business providing and maintaining an appropriately designed and approved sign not to exceed four feet by four feet (4' X 4') within the frame which shall not exceed the dimensions described in Section 104.17.5 (K) (3). If more than two (2) businesses request signage at that location, then individual signs may be reduced accordingly to fit into said frame or another location may be chosen. Drawings for multiple use signs shall be submitted to the Planning Director showing the logo, colors, typestyles and fonts intended on the sign. Each sign shall be reviewed for architectural and color compatibility with the balance of the sign.

7. Quantity of Signs Allowed. No business shall have more than two (2) offsite signs which may not be located within one half (1/2) mile of each other.

8. Applicant. The applicant will have secured from the City a valid business license in the City of Needles and shall have paid permit fees. No offsite sign permits will be granted to any applicant who is not in compliance with this Article for other signage.

9. Lighting. If the applicant(s) desire the sign to have lighting, the applicant shall, after approval, install, maintain, and pay for the lighting at all times, provided said lighting may not violate any other section of this Article.

M. Historic Signs:

1. Applicability. Onsite signs that identify a historic landmark or a historic structure of merit, as designated by the City of Needles or the State or Federal Register, are exempt from the regulations of this chapter, provided they do not exceed one such sign per parcel, a sign area of thirty-two (32) square feet or a sign height of eight (8) feet.

2. Permit Requirement for Larger Signs. Planning Commission approval of a special use permit shall be required for signs in excess of the above limits and may only be approved if the Planning Commission finds:

a. That the sign is in keeping with the historical character of the site; and

b. That the sign will be in scale with the surroundings; and

c. That the sign will not be a traffic hazard; and

d. That a larger sign is required to impart the necessary message; and

e. That the size of the sign would not be greater than would be allowed under this Article for a commercial business at the same location.

N. Business Directory Signs:

Business directory signs are allowed to point the way to businesses which are not located on the premises of the sign. These signs can be placed in any zone.

1. Definition. Business directory signs are signs placed in the public right-of-way by the City and owned by the City and built to City specifications. Such signs are placed at road intersections to point the direction to businesses that have applied for and received an approved permit for placement on a City owned sign structure. All such signs must meet the requirements of this section and are renewable on an annual basis.

2. Number of Business Directory Signs. The City shall place business directory signs as deemed appropriate by the Planning Director based upon demand at the intersection of arterial, major and minor collector roads. No more than one business directory sign may be placed at any corner unless there is a specific finding by the Planning Director that placement of an additional sign at an intersection can be placed back to back or at an angle to the previous sign in such a manner as to better direct travelers to the businesses without creating confusion or traffic hazards.

3. Structure height and attachments. The height of the base structure shall not exceed eight (8) feet and may not contain more attachment signs than will reasonably fit on the sign. Attachments may be six (6) or twelve (12) inches in height and no more than thirty-six (36) inches in length with uniform sized lettering. If the business name needs more than one line of copy to state only the name, logo and directional arrow, the applicant may qualify for a twelve (12) inch attachment but will be charged for two six (6) inch spaces.

4. Priority for placement. The attachment signs shall be placed on the basis of first application annually has first priority for a choice of placement in one location. If there are insufficient spaces available at any location, the later applicants will be offered placement in other locations before any business is permitted a second location. If an application is accepted after placements have been awarded for that cycle, the late application may be offered a site that is still available for the remainder of the cycle on a prorated basis.

5. Review of placement. The signs will be reviewed for placements of attachment signs each year in January. Applications including the name and address of the applicant, the exact lettering desired on the sign, and preferences for locations on which to be placed, must be submitted before January 1 of each year to ensure consideration for placement during that cycle; however later applicants may be placed in any available spot not already assigned for that cycle. Applications will be date and time stamped to establish priority and may be filed at any time during the year, but may not be filed in advance for successive years. Applications will be processed immediately after January 1st of each year and applications will be accepted or denied within fifteen (15) days thereafter. Once placement has been obtained, the applicant may retain placement until the placement is again reviewed. Depending upon the priority of applications for the specific site in subsequent years, the applicant may again be awarded the same site or may be required to be placed at a different site. If any business advertised on such attachment sign will be removed by the City after ten (10) days written notice to the address contained on the sign permit application. If such sign is removed by the City, each such sign shall be kept in safekeeping for a period of sixty (60) days. If the business reopens under the same name, the sign may then be replaced for the remainder of the cycle.

6. Payment of fees. The applicant must pay the appropriate sign fee adopted by resolution of the City Council at the time of submission of the application for the initial placement and each subsequent renewal. The fee will include a fee for the creation of the sign attachment, the pro-rata share of the construction and maintenance of the structure, the cost of administration of the sign, and permit. When necessary, in subsequent years, the applicant will be charged for the repainting or replacement of faded or damaged sign attachments previously used. The determination of whether a new sign attachment is needed will be determined by the planning director during each annual placement cycle, after a visual inspection to insure all signs are kept in an equally attractive fashion.

7. Drawings required. Applicant shall submit a drawing of any logo being requested. Other than a logo or approved symbol indicating lodging, food, etc., and/or the name of the business and directional arrow, there shall be no other advertising copy allowed on the sign. Any business wishing to include a logo on their sign shall submit a drawing of the desired logo and its proposed location on the sign attachment along with their application. All type sizes, styles and colors will be uniform unless part of a nationally recognized logo.

8. Effect of existing illegal signs. No applicant will be considered for placement on a business directory sign if they are exhibiting any illegal signs under the city sign ordinance.

9. Locations for Business Directory Signs. The locations approved for business directory signs were originally determined by the Planning Commission. Additional locations may be approved by the Planning Director if the Director finds that the new proposed location is at a major or minor intersection where such sign is needed to assist with business identification and directions and has enough demand for location thereon to allow the sign to be placed with at least four spaces being utilized. Any denial made by the Director may be appealed to the Planning Commission.

0. Near-Premise Signs:

Near-premise signs are signs approved by the Planning Director or Planning Commission at intersections within the City under the following circumstances and standards:

1. The near premise sign frames will be erected by the City, owned by the City and may be placed in the approved location within the City right-of-way in the same manner as a business directory sign for eligible businesses.

2. Eligible businesses may apply to place their advertising sign on such near­ premise signs. Permits will be renewed annually and require that the business attachment be maintained in a clean, readable and attractive manner.

3. Near premise signs within the core of the City are intended only for businesses that do not have frontage on one (1) of the major streets in the City of Needles, but the business is located within a commercial or industrial zone of the City. Such signs are intended to afford an opportunity for signage for businesses that are located where permitted signage would not be easily seen and readable from at least one of the main streets.

4. Major streets for purposes of paragraph (3) above include Highway 95, Broadway, Needles Highway and "K" Street (east of Needles Highway).

5. The sign frames used for near premise signs may be leased by the City in the same manner for offsite signage outside of the core of the City as described in the section for offsite signage. The use of such frames in the approved area of the City right-of-way does not offer such sign any of the privileges afforded to near premise signs under this section.

6. Findings Required. In order to grant a pe1mit for a near-premise sign, the Planning Commission must make specific findings for each of the following:

a. That the placement of the sign will not tend to create a traffic hazard or contribute to visual clutter and blight within the city;

b. That the size, height and design of the sign meets the standards required for near premise signs set herein;

c. That there are no other near-premise signs located within five hundred feet of the proposed location of the sign;

d. That if granted, the sign attachment must be well maintained at all times. If not properly maintained in the opinion of the director, notice of non­ maintenance may be delivered to the business advertised on the sign, and if not repaired within sixty days, may be removed by the city.

e. That without the granting of this permit any sign erected on the premises of the business would not be visible from the nearest major or minor collector road;

f. That the business requesting this pe1mit has secured from the city a valid business license and is operating the business in compliance with all other city codes and regulations.

g. That the business requesting this permit is not exhibiting any illegal signs within the City of Needles.

h. That the location of the business has little or no street frontage on one of the list major streets, and therefore would not qualify for a sign of sufficient size to allow the sign to be read by people traveling along any of the listed major streets. If the property has enough street frontage to qualify for a sixteen square foot or larger on-premise sign, the business will not qualify for a near­ premise sign

P. Outdoor Advertising Displays

1. Definitions. For purposes of this Chapter, the following words or phrases shall have the following definitions:

a. Abandoned Outdoor Advertising Display means either:

(1) Any outdoor advertising display that is in existence for more than three (3) months without a poster, bill printing, painting, or other form of advertisement or message on its display face; or

(2) Any Outdoor Advertising Display that does not appear on the inventory required by Section 104.17.6 P.3.a.

b. Automatic Changeable Message Display means an Outdoor Advertising Display which mechanically changes the fixed display face at synchronized programmable intervals through the use of a series of multiple-faced (generally three faces) rotating panels or louvers. These displays are also known by proprietary product names such as Tri­ Vision and/or Tri-Face.

c. Billboard means a free-standing sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. The terms Billboard and Outdoor Advertising Display may be used interchangeably to mean the same thing.

d. City Manager means the City Manager of the City or his/her designee.

e. Digital Display means an Outdoor Advertising Display using light emitting diodes (L.E.D.) or similar technology to display static images controlled by electronic communications.

f. Display Face means the surface area of an Outdoor Advertising Display available for the purpose of displaying an advertising message. Display Face does not include the structural supports or lighting.

g. Edge of Right-of-Way means a measurement from the edge of a right­ of-way horizontally along a line normal or perpendicular to the centerline of the freeway or highway.

h. Free Standing Sign means any sign which is supported by one (1) or more column(s) or upright imbedded in the ground, and which is not attached to any building or structure.

i. Freeway means a divided arterial highway for through traffic with full control of access and with grade separations at intersections under state control which requires a State Outdoor Advertising Permit to erect an Outdoor Advertising Display.

j. Illegal Outdoor Advertising Display means any of the following:

(1) An Outdoor Advertising Display or related structure erected without first complying with all applicable City regulations in effect at the time of its construction, erection, or use.

(2) An Outdoor Advertising Display or related structure that was legally erected but whose use has ceased, or the structure upon which the Outdoor Advertising Display is placed has been abandoned by its owner, and not maintained or used for a period of at least six (6) months.

(3) An Outdoor Advertising Display or related structure that does not comply with this Chapter, or any applicable permit referenced in the City Code.

(4) An Outdoor Advertising Display or related structure that is a danger to the public or has been determined to be unsafe by the City Manager, as supported by findings made in connection with the California Building Code, including applicable provisions of the City Code.

k. Maximum Height means the highest point of the structure or sign measured from the roadbed of the adjacent freeway or highway to which the sign is oriented or from the average natural ground level at the base of the supporting structure, whichever is greater.

1. Off-Site Sign means structures and signs that are erected or maintained to advertise goods sold, business conducted, or services rendered on a parcel other than the land upon which the sign is located.

m. Outdoor Advertising Display means an outdoor advertising structure or outdoor advertising sign used for outdoor advertising purposes. An Outdoor Advertising Display may be commonly known or referred to as an off-site or an off-premises Billboard.

n. Outdoor Advertising Sign means any card, cloth, paper, metal, painted, plastic or wooden sign of any character placed for outdoor advertising purposes and affixed to an Outdoor Advertising Display or related structure.

o. Outdoor Advertising Structure means a structure of any kind or character erected, used or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary, for outdoor advertising purposes. Such structure shall be constructed or erected upon a permanent foundation.

p. Primary Highway means any roadway under state control which requires a State Outdoor Advertising Permit to erect an Outdoor Advertising Display.

q. Scenic Highway means a section of a highway that has been officially designated and maintained scenic pursuant to Section 260, 261, 262, and 262.5 of the Streets and Highways Code or as referred to in Section 13 l(s) of Title 23 of the United States Code.

2. Permit Procedure. No person shall erect, use, or maintain an Outdoor Advertising Display in the City, except as expressly provided herein:

a. Permit Application. Outdoor Advertising Displays shall require a conditional use permit. An application for an Outdoor Advertising Display conditional use permit shall be filed with the City Manager or his/her designee, along with any applicable fee to be set by the City Council by resolution, as may be amended from time to time. A separate application shall be required for each Outdoor Advertising Display whether or not the advertising structure is proposed alone or as one of any number of advertising structures proposed to be placed on the same, contiguous parcels or any set of related or unrelated parcels that are the subject of a single development proposal. The application shall include the following 'information:

(1) The name, address, and telephone number of the Applicant; (2) The name, address, and telephone number of the Owner of the property where the Outdoor Advertising Display is to be located (the "property"); (3) Written authorization by the property Owner allowing the Applicant to apply for land use entitlement; (4) The Assessor's Parcel Number ("APN") of the specified property; (5) A general description of the property upon which the Outdoor Advertising Display is proposed to be placed; (6) A plot plan and elevations drawn the scale. The plot plan shall include:

i. A pictorial representation of the proposed Outdoor Advertising Display, disclosing all dimensions;

ii. A plan of the property on which the proposed Outdoor Advertising Display, is to be located, disclosing the precise location of the sign in relation to other improvements of the property, related property lines, and zoning of the property;

iii. A description of the proposed Outdoor Advertising Display structure, disclosing proposed colors and materials; iv. A description of the location of and distance from the nearest Outdoor Advertising Displays, buildings, public and private roads, and other right-of-ways, setback lines, and specifically planned future road right-of-way lines; and

v. Any additional information required by the City Manager such that the proposed Outdoor Advertising Display may be readily ascertained, identified, and evaluated.

b. Conditional Use Permit Required. A conditional use permit shall be required for the installation of any new, relocated, or enlarged Outdoor Advertising Display to allow for a second face addition to an existing Outdoor Advertising Display. c. Application Approvals and Denials. Conditional use permit application approvals and denials shall be processed and subject to the provisions of the Needles Municipal Code Article IV Section 94.00 et seq. and shall further be subject to the requirements of this Chapter.

d. Building Permit Required. No person shall place, erect, use, maintain, alter, repair or relocate an Outdoor Advertising Display or connect an Outdoor Advertising Display to a power supply without first also obtaining a building permit from the City.

e. Caltrans Permit Required. No person shall place, erect, use, maintain, alter, repair or relocate an Outdoor Advertising Display or connect an Outdoor _f\dvertising Display to a power supply without first also obtaining an Outdoor Advertising Display permit from the California Department of Transportation (Caltrans), as is required for Outdoor Advertising Displays adjacent to an Interstate or primary highway.

f. Commercial and Noncommercial Messages. Nothing in this chapter shall be deemed to prohibit or restrict the use of any Outdoor Advertising Display authorized by this article for any noncommercial message. No permit required for any Outdoor Advertising Display under this chapter shall be granted, conditioned, or denied based on the content of the message displayed by such Outdoor Advertising Display, whether such message is commercial or noncommercial in nature.

g. Limitations of Issuance. No conditional use permit for an Outdoor Advertising Display shall be issued if any of the following are determined to be true:

(1) The applicant(s) have knowingly made a false statement or omission of material fact in the application for the condition use permit; or

(2) The proposed Outdoor Advertising Display would otherwise result in a threat to the general health, safety, and welfare of the City residents; or

(3) The proposed Outdoor Advertising Display would create a traffic or safety problem.

3. Permit Standards. Except as otherwise specifically provided in this Chapter, the following standards shall be applicable to all Outdoor Advertising Displays within the City:

a. General Plan. Outdoor Advertising Displays shall be consistent with the Comprehensive General Plan, and all federal, state, and local laws.

b. Placement. Outdoor Advertising Displays oriented towards and primarily viewed from freeways and highways are preferred.

c. Zoning. Outdoor Advertising Displays are permitted only in the following zones, provided that the Outdoor Advertising Display meets all of the other requirements of the zoning classifications and this Chapter: C-1, Neighborhood Commercial Zone; C-2, General Commercial Zone; C-3, Highway Commercial Zone; CRR, Commercial, Residential, Resort Zone; M-1, Light Manufacturing Zone; and M-2, General Manufacturing Zone. Outdoor Advertising Displays are expressly prohibited in all other zones. d. Height. The maximum height of an Outdoor Advertising Display shall not exceed a height of thirty- five (35) feet from the roadbed of the adjacent freeway or highway to which the display is oriented, or a maximum height of thirty-five (35) feet from the grade on which it is constructed, whichever is greater.

e. Setbacks. No Outdoor Advertising Display shall be erected or occupy any airspace within a road right-of-way line or future road right-of-way line as shown on any General Plan. A minimum setback from the property line of one foot shall be required. No person shall place, erect, use or maintain any outdoor advertising display located within six hundred sixty (660) feet from the edge of the right- of-way of any freeway or primary highway without first obtaining a valid state outdoor advertising permit.

f. Spacing. No Outdoor Advertising Display shall be located within five hundred (500) feet in any direction from any outdoor advertising display on the same side of the highway or freeway.

g. Scenic Highway. No Outdoor Advertising Display shall be permitted adjacent to a scenic highway.

h. Display Face Size. No Outdoor Advertising Display shall exceed a maximum total surface area of seven hundred (700) square feet per face.

i. Number of Display Faces. No more than two (2) display faces per Outdoor Advertising Display shall be permitted. Only single face, back-to-back and V-type displays shall be allowed, provided that they are on the same Outdoor Advertising Display or related structure and further provided that the V-type displays have a separation between display faces of not more than thirty (30) feet. Display faces shall not be stacked.

j. Number of Displays. No more than one (1) proposed Outdoor Advertising Display per application shall be permitted.

k. Poles. A maximum of one (1) steel pole is allowed for support of an Outdoor 1-dvertising Display, subject to approval of the City Manager.

l. Lighting and Illumination of Displays. An Outdoor Advertising Display may be illuminated, unless otherwise specified, provided that the displays are so constructed that no light bulb, tube, filament, or similar source of illumination is visible beyond the display face. Displays making use of lights to convey the effect of movement or flashing, intermittent, or variable intensity shall not be permitted. Displays _.shall use the most advanced methods to insure the most energy efficient methods of display illumination.

m. Digital Displays. Digital Displays and Automatic Changeable Message Displays are allowed providing the message displayed is static and displayed for a minimum duration of six (6) seconds and the transition time between messages is no longer than four (4) seconds. Animated images, images that give the appearance of movement or changes in illumination intensity during the static display period are prohibited.

n. Display Movement. No Outdoor Advertising Display shall move, rotate or display any moving and/or rotating parts except for automatic changeable message displays. No propellers, flags, or other noise creating devices, and no architectural embellishments which utilize mechanical or natural forces for motion, shall be permitted. Use of daylight reflective materials or electronic message boards usmg flashing, intermittent or moving light or lights is prohibited. o. Mobile Displays. No person shall place, use, maintain, or otherwise allow a mobile vehicle, trailer, or other advertising display not permanently affixed to the ground to be used as an Outdoor Advertising Display. p. Roof Mounts. No Outdoor Advertising Display shall be affixed on or over the roof of any building and no display shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this Chapter, a mansard style roof shall be considered a parapet. A q. Identification. No Outdoor Advertising Display shall be placed, erected, used or maintained anywhere unless there is securely fastened thereto the name of the Outdoor Advertising Display permittee in such a manner that the name is visible. Any display placed, erected, or maintained without this identification shall be deemed to be placed, erected, ai:id maintained in violation of this Chapter. r. Display Inventory. In order to evaluate and access Outdoor Advertising Displays within the City, within one hundred eighty (180) days of the effective date of this Chapter and on each fifth anniversary after the effective date of this Chapter, and upon notice, each business with Outdoor Advertising Displays within the incorporated area of the City shall submit to the City Manager, a current inventory of the Outdoor Advertising Displays maintained within the incorporated area of the City. Failure to submit a current or accurate inventory within thirty (30) days of receipt of such notice shall be deemed to be a violation of this Chapter and subject to the issuance of a Notice of Violation by Code Enforcement. Failure to comply with a Notice of Violation may result in the issuance of a Field Citation, an Administrative Citation, or a Notice of Public Nuisance, or such other action or proceeding pursuant to Title 4 of the City Code. s. Maintenance Standards. Every Outdoor Advertising Display and all parts, portions, units, and materials comprising the same, together with the frame, background, supports, and anchorage therefor, shall be continuously maintained in an attractive, clean, and safe condition. The display surface of all Outdoor Advertising Displays shall be kept neatly painted and/or posted and in proper repair and state of preservation.

4. Enforcement. Failure to comply with the provisions of this Chapter, the City Code, or any other State or City law, shall result in the permit issued hereunder being suspended or revoked pursuant to this Chapter. The following provisions shall apply to the violations of this Chapter:

a. Any person violating any of the provisions of this Chapter or any provisions or part hereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of up to one thousand dollars ($1,000.00) per day per violation or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. The conviction and punishment of any person for violation of this Chapter shall not excuse or exempt such person from any civil action for violation of this Chapter or other City law. No civil action shall prevent criminal prosecution for any violation of the provisions of this Chapter or any State or City law.

b. Every Illegal Outdoor Advertising Display and every Abandoned Outdoor Advertising Display is hereby declared to be a public nuisance and shall be subject to abatement by repair, rehabilitation, or removal in accordance with the procedures contained in the City's Zoning Code and this Chapter.

c. Any non-compliance with this Chapter shall constitute a public nuisance and violation of the City Code and may be enforced through any lawful remedy, including, but not limited to, the provisions of the Chapter and the City Code. Any non-compliance with this Chapter, the City Code or ordinances, or State law shall constitute a public nuisance and may be enforced through any lawful civil and/or criminal remedy, including, but not limited to, a restraining order, temporary and permanent injunctive relief, and other relief set forth in this Chapter, the City Code, and/or State law.

d. In lieu of issuing a misdemeanor citation, the City may reduce the penalty to an infraction or issue an administrative citation, and/or assess an administrative fine up to the maximum amount(s) permitted by law and the City Code.

e. Every violation of this Chapter shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative, civil, or criminal enforcement action.

5. Non-Conforming Outdoor Advertising Displays. The following sections shall apply to non-conforming Outdoor Advertising Display:

a. Continuation. Any non-conforming Outdoor Advertising Display may be maintained through the abatement period set forth in this section, provided there are no alterations of the display whatsoever, except as provided in this Chapter.

b. Alterations. A non-conforming Outdoor Advertising Display may not be moved, enlarged, relocated, or altered in any way except as otherwise provided herein:

(1) Where any non-conforming Outdoor Advertising Display is damaged or partially destroyed, the non-conforming outdoor advertising display may be restored to the condition in which it existed immediately prior to the occurrence of such damage so long as all of the following conditions are met:

i. The cost of such reconstruction does not exceed fifty percent (50%) of the replacement cost of such outdoor advertising display at the time such damage occurred; and

ii. The reconstruction may not result in any greater degree of nonconformity than previously existed; and

iii. The reconstruction shall meet all current requirements of the City Code, and shall be completed within one (1) year of the commencement of the construction.

(2) When a subsequently adopted ordinance or regulation of the City requires specific alterations, those alterations shall be made

(3) Minor repairs to and routine maintenance of an outdoor advertising display are permitted and encouraged. Minor repairs and routine maintenance means repairs or maintenance that cost less than twenty percent (20%) of the replacement cost.

(4) If, in the process of reconstructing an outdoor advertising display pursuant to this subsection, certain nonconformities can be brought into conformity, they shall be brought into conformity.

6. Abatement and Termination-Upon Expiration of Time Period.

Wherever the officials responsible for the enforcement of administration of the City Zoning Code or their designated agents, have cause to suspect a violation of this Chapter, or whenever necessary to investigate either an application for the granting, modification, or any action to suspend or revoke an outdoor advertising display permit, or whenever necessary to investigate a possible violation, such persons may lawfully gain access to the appropriate parcel of land upon which a violation is believed to exist. The following provisions shall apply to the violations of this Chapter:

a. Nonconforming Outdoor Advertising Displays shall be abated and such nonconformity shall be terminated based on assessed valuation as is exhibited below, subject to the requirements and limitations imposed by Sections 5412 through 5421.4 of the California Business and Professions Code, the provisions of which are incorporated herein by this reference:

Value of Sign Period for Removal and/or Compliance

b. An extension of the abatement period may be granted by the City Manager upon good cause. In no case shall such an extension be granted for a period of more than one (1) year.

7. Illegal and Abandoned Outdoor Advertising Displays.

All Illegal Outdoor Advertising Displays and all Abandoned Outdoor Advertising Displays shall be removed or brought into conformance with this Chapter immediately upon receipt of Notice given to the owner of the property and also given to the owner of the Outdoor Advertising Display, if (i) the identification plate required by Business and Professions Code Sections 5362 and 5363 is affixed; and (ii) the advertiser, if any, identified on the sign provided the address of the advertiser can be reasonably determined.

8. Relocated Outdoor Advertising Displays. Nothing in this Chapter shall prevent the City from entering into an Outdoor Advertising Display Relocation Agreement, which Agreement shall require the prior approval of the City Council, when: (1) the original location of the Outdoor Advertising Display is within a contemplated public right-of-way; and I (2) the Outdoor Advertising Display complied with all applicable regulations in effect at the time it was erected. An Outdoor Advertising Display located on a parcel that is zoned to prohibit Outdoor Advertising Displays may, pursuant to such Agreement, b relocated to another location on that same parcel. An Outdoor Advertising Display located in an area defined in this Chapter as a scenic highway may also, pursuant to such Agreement, be relocated to an area defined as a scenic highway whether the area is on the same parcel or a different parcel. Except as provided in this Section, a relocated Outdoor Advertising Display shall be subject to all the permit procedures and standards described in this Chapter. All Outdoor Advertising Display shall be relocated in accordance with Sections 5412 through 5421.4 of the California Business and Professions Code, the provisions of which are incorporated herein by this reference