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HomeMy Public PortalAboutOrdinance 854ORDINANCE NO. 854 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE, SECTIONS 36934 AND 36937(b), REPEALING CHAPTER 17.60 OF THE BEAUMONT MUNICIPAL CODE AND ADOPTING AS AN URGENCY ORDINANCE CHAPTER 17.61 PERTAINING TO THE REGULATION OF SIGNS AND BILLBOARDS AND FURTHER DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA DOES ORDAIN AS FOLLOWS: WHEREAS, Government Code, Sections 36934 and 36937(b) empowers the City Council to adopt an urgency ordinance to take effect immediately; and WHEREAS, the purpose of Sections 36934 and 36937(b) is to permit the City Council to act promptly when there is a need to protect the public safety, health and welfare such as by prohibiting any land uses that may be in conflict with contemplated land use proposals; and WHEREAS, the City Council has been informed and advised that illegal billboards have been erected in the neighboring City of Riverside and the unincorporated area of the County of Riverside without the benefit of permits and that legal challenges to the sign ordinances of the said City and County have been mounted by billboard companies challenging the constitutionality of the said ordinances; and WHEREAS, the City has experienced the construction of billboards contrary to local ordinance, and has experienced attempts to circumvent billboard regulation; and WHEREAS, the City has been notified by billboard companies that they intend to challenge the constitutionality of the City's sign ordinance and regulations, and the City has also been notified by billboard companies that they intend to build numerous additional billboards without complying with City sign regulations and zoning laws; and WHEREAS, the lack of regulation of billboards could result in the proliferation of billboards along Interstate 10 and Highways 60 and 79, and along Sixth Street, including neighborhoods which are primarily residential; and WHEREAS, the visibility of billboards and other outdoor advertising structures distracts drivers thereby creating danger on affected roads and freeways, and creates a negative impression of the City in motorists traveling through the City, thereby rendering the City less desirable as a place to visit or live, resulting in lower property values and other economic harm to the community; and 1 WHEREAS, billboards and other such structures constructed in residential zones or inappropriate areas of other zones can destroy view sheds and diminish the quality of life; and WHEREAS, the existence of this situation is injurious and inimical to the public health, safety and general welfare of the residents of the City of Beaumont and, unless corrected measures are immediately undertaken to alleviate this situation, the public health, safety and general welfare is and will continue to be seriously threatened; and WHEREAS, the City Council has been further informed and advised, and it has been found, that the aforementioned situation can be substantially diminished by repealing Chapter 17.60 of the Beaumont Municipal Code and adopting, as an urgency ordinance taking effect immediately, Chapter 17.61 pertaining to the regulation of signs and billboards. Section 1: Amendment. The Beaumont Municipal Code is hereby amended as follows: 1.1 Chapter 17.60 of the Beaumont Municipal Code, entitled "Sign Regulations", is hereby repealed in its entirety; and 1.2 Chapter 17.61, entitled "Sign Regulations", is hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: Applicability. This Ordinance shall not apply to the establishment of signs and billboards that have been issued a building permit prior to the effective date of this Ordinance. Section 3: Code Construction and Cross -References. All references to Chapter 17.60 in other Chapters of the Beaumont Municipal Code shall hereafter mean and include, and be deemed to refer to Chapter 17.61. Section 4: Declaration of Urgency. This Ordinance is enacted pursuant to Sections 36934 and 36937(b) of the California Government Code as an urgency measure and pursuant to the City's police power for the preservation of the public peace, health, safety and general welfare and is necessary for and required to protect the public peace, health, safety and general welfare of the citizens of Beaumont for the reasons stated above. It shall become effective immediately upon adoption. 2 Section 5: Severability. If any paragraph, section, sentence, clause or phrase contained in this Ordinance shall be found by a final judgment of a court having jurisdiction to be illegal, null and void, or against public policy, for any reason, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Ordinance shall not be affected thereby. If any provision of this Ordinance, or the application thereof to any person, party, transaction or circumstance is held invalid, the remainder of this Ordinance, or the application of such provision to other persons, parties, transactions or circumstances, shall not be affected thereby. It is the intention of the City Council that if any provision of this Ordinance is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. Section 6: Effective Date; Posting and Publication. 6.1 This Ordinance shall become effective immediately upon the date of its adoption, pursuant to Government Code, Section 36937(b). 6.2 The City Clerk shall certify the adoption of this Ordinance and cause it to be posted in at least three public places within the City designated for such postings, and to be published in a newspaper of general circulation in accordance with state law. MOVED, PASSED AND ADOPTED this 3'd day of February, 2004 by the following vote: AYES: Mayor Dressel, Council Members Fox, Berg, DeForge, and Killough. NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: Deputy City CITY OF BEAUMONT 3 I.�e//._' S -L, a_yo' CERTIFICATION I, Shelby Hanvey, Deputy City Clerk of the City of Beaumont, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held and was duly adopted on February 3, 2004, upon the following roll call vote: AYES: Mayor Dressel, Council Members DeForge, Berg, Fox, and Killough. NOES: None. ABSTAIN: None. ABSENT: None. CITY OF BEAUMONT By (SEAL) Deputy City CI 4 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE NO. 58 Notice of Ordinance # 854 STATEOF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966 Case Number 54737 that the notice, of which the annexed is a . printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 2/13/04 all in the year 2004 I certify (or declare) under penalty of per- 'ur that the foregoing is true and correct. 1 signatur Date 2/13/2004 at Riverside, California. This space for County Clerk's Filing Stamp Friday, February 13, 2004 C7 The City is striving to pro- p i ation of P TION vide Deputy City Clerk an economically stable Sa ��ar ��RT_-__.IFIGA and visually attractive com- This Ordinance I, Alan C. Kapanicas, City and v ally through high quality This Ordinance is enacted Clerk of the City of site planning, building pursuant to Sections 36934 Beaumont, do hereby certi- designs, landscaping and and 36937(b) of the ty that the foregoing archi- California Government Ordinance was introduced signing. As a planned I feature, a sign can Code as an urgency meas- at a regular meeting of the sin and can harmo- WHEREAS, the visibility of ure and pursuant City Council ORDINANCE NO. 854 billboards and other outdoor ation power for the duly adopted on February nize with the physical char - AN URGENCY ORDI- City's p atter of its environment. advertising structures dis preservation of the public g 2004, upon the following Proper controls can achieve NANCE OF THE CITY tracts drivers thereby creat -peace, he welfare safety and roll call vote: char - OF OF THE CITY danger on affected general welfare and is net AYES: Mayor Dressel, this goal and will make the OF BEAUMONT, CALI- ing Ci a more attractive place createseas and freeways, and essary for and required to Council Members DeForge, Cit a work and shop. FORMA, ENACTED PUR- p protect the public peace, Berg, Fox, and Killough. C. Interests Served. SUANT TO GOVERN- a negative of res and general MENT CODE, SECTIONS Sion of the City in motorists health, safety NOES: None. The City enacts this chapter 36934 AND 36937(b), traveling through the City, welfare of the citizens of ABSTAIN: None. to serve many important 17.60 REPEALING CHAPTER •thereby rendering the City Beaumont for the reasons ABSENT None. governmental, city and less desirable as a place to stated above. It shall CITY OF BEAUMONT g MUNICIPAL THE CODEDND visit or live, resulting in become effective immedi- ss_ community interests, which DAND By include but are not limited lower property values and ately up ADOPTING ASDI AN other economic harm to the 5 rt Clerk { h URGENCY ORDINANCE community; and section CHAPTER 17.61 PERTAIN- WHEREAS, billboards and ING TO THE REGULATION OF SIGNS AND BILL- other such structures con - BOARDS AND FURTHER structed in residential zones DECLARING THE or inappropriate areas of URGENCY THEREOF THE other zones can destroy CITY COUNCIL OF THE view sheds and diminish CITY OF BEAUMONT, the quality of life; and CALIFORNIA DOES WHEREAS, the existence ORDAIN AS FOLLOWS: of this situation is injurious WHEREAS, Government and inimical to the public Code, Sections 36934 and health, safety and general 36937(b) empowers the welfare of the residents of Cthe City of Beaumont and, urgency Coordinancei to adopt an unless corrected measures ffti to take are immediately undertaken effect immediately; and WHEREAS, the purpose of to alleviate this situation, the public health, safety and general welfare is and will continue to be seriously threatened; and WHEREAS, the City Council has been further informed and advised, and it has been found, that the aforemen`'oned situation can be substantially dimin- ished by repealing Chapter 17.60 of the Beaumont Municipal Code and adopt- ing, as an urgency ordi- nance taking effect immedi- ately, Chapter 17.61 per- taining to the regulation of signs and billboards. cocfi n 1 Amendme.lL The Beaumont Municipal Code is hereby as follows: 1.1 Chapter 17.60 of the Beaumont Municipal Code, entitled "Sign Regulations", is hereby repealed in its entirety; and 1.2 Chapter 17.61, entitled "Sign Regulations", is here- by added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2' ADDIIG ility This Ordinance shall not apply to the establishment of signs and billboards that have been issued a building permit prior to the effective date of this Ordinance. fiction 3: Code .n tr i.n and . r• - References. All references to Chapter 17.60 in other Chapters of the Beaumont Municipal Code shall hereafter mean t and include, and he • deemed to refer to Chapter i 17.61. tectura tothe held and was be pleasing on adoption. tin v Deputy City er 11 any paragraph,(SEAL) sentence, clause or phrase ('HALTER 17 61 contained in this Ordinance E'— A I shall be found by a final Sections: judgment of a court having 1e tions: Purpose and motorists and pedestrians. D. Authority. rdioid, to beg illegal, public null Intent; Authority D. Crit enacts this and void, or against 17 61 007 Objectives policy, for anyareason, the Chapter pursuant to the hs, sec- 17.61.006 Basic Policies authority granted by the ti remaining pares, clauses 17.61.010 Categorization of StateuLegislature and code i - phrases eentencas, claunes isor Signs tieas Government Code Ordina contained ino the 17.61.015 Definitions sed as Gover Orecte th shall not be 17.61 .020 Administration, s17ection 6 OBJECTIVES. 50. affected thereby. If any pro -permits and Appeals The objectives of this chap - vision of this Ordinance, or 17 61 025 General are: the application thereof to provisions ter Tore allow for signage any oor circumstance Stay, etr is heldsac- 17 61.050 Signs Permitted tioninvalid, the remai held which is effective to direct in Al1Zones persons to various activities hisOthe remainder i -f 17.61.100 Signs in Open and enterprises, various s ordertto this Ordinance, or the appli- Space, Residential and provide for public t other- aen of euch provision to Agricultural Zones prove; apersons, parties,c17.61.105 Signs in provide a reasonable B. To transactions or circum Manufacturing Zones system controls for signs, stances, shall not be affect- 17.61.110 Signs in General to ensure the development ed thereby. It Council that Commercial Zone of a high quality visual and tfon of the City 17.61.115 Signs in Special s the inten- if any provision of this Commercial Areas functional environment. Ordinance is capable of two 17.61.120 Sign Regulations C.To encourage signs constructions, one of which for planned Unit which are well designed and pleasing in appear - would render the provision Development Zone ante; void and the other of which 17 61.125 Sign Regulations D To encourage a desirable would render the provision for Specific Plan Area Zone valid, then the provision 17.61.200 Design urban character which has shall have the meaning Standards for Signs a minimum of overhead which renders it valid. Chart Major Permitted Sign clutter; tion 6 Effective Date Types E. To enhance the econom ao.s.._ a and Pu I n' 17.61.005 PURPOSE, is value of the community 6.1 This Ordinance shall NEEDS AND GOALS, and each area thereof by INTERESTS SERVED. reasonably limiting the size, become effective immedi- design ately upon the date of its A purpose. location, It is the purpose of this number,ud lumi location, of sides, adoption, pursuant 10 signs Government3Code, Section Chapter to make the City F To encourage 9 36937(b). attractive to residents, visi- which are compatible 6.2 The City Clerk shall cer- tors and commercial, indus- on-site and adjacent withland tify the adoption of this trial and professional busi- uses; Ordinance and cause it to nesses while maintaining G. To help facilitate the be posted in at least three economic stability and vital establishment of identifiable public places within the City ity through an attractive special areas and enclaves designated for such post- signing program. in cia community anda is tugs, and to be published in B. Recognition of Needs; enhance important to ric a newspaper of general cir- Goals. elements in such areas; stateculation in accordance with The City recognizes the H To preclude potential law. need for signs as a means traffic and safety hazards MOVED, PASSED AND to identify businesses and through good signing; ADOPTED this 3rd day of other necessary and benefi- t To protect the general February, 2004 by the fol- c;al activities within the public health, safety and lowing vote: community. The City finds welfare of the community. AYES: Mayor Dressel, that signing Is an important J. To regulate signs in a Council Members Fox, design element of the phys- manner consistent with the Berg, DeForge, and ical environment. Plan. Killough. Provisions consistent with General Plan. signs in a NOES: None. the goals and objectives of K. Toour gulatete i with the the community are neces- free speech rights guaran- ABSTAIN: None. teed by the First ABSENT: None. nary to ensure that the sae CITY OF BEAUMONT tial character and image Amendment to the United By __ ___-- ss the community is striving for States Constitution and the can be attained while serv- liberty of speech and relat- Ma or g ed provisions of the LARRY DRESSEL, Y in business and other California Constitution. ATTEST: needs in the community. – – - s s Sections 36934 and 36937(b) is to permit the City Council to act promptly when there is a need to pro- tect the public safety, health and welfare such as by pro- hibiting any land uses that may be in conflict with con- templated land use propos- als; and WHEREAS, the City Council has been informed and advised that illegal bill- boards have been erected in the neighboring City of Riverside and the unincor- porated area of the County of Riverside without the benefit of permits and that legal challenges to the sign ordinances of the said City and County have been mounted by billboard com- panies challenging the con- stitutionality of the said ordi- nances; and WHEREAS, the City has experienced the construc- tion of billboards contrary to local ordinance, and has experienced attempts to cir- cumvent billboard regula- tion; and WHEREAS, the City has been notified by billboard companies that they intend to challenge the constitu- tionality of the City's sign ordinance and regulations, and the City has also been notified by billboard compa- nies that they intend to build numerous additional bill- boards without complying with City sign regulations and zoning laws; and WHEREAS, the lack of reg- ulation of billboards could result in the proliferation of billboards along Interstate 10 and Highways 60 arid 79, and along Sixth Street, including neighborhoods which are primarily residen tial; and - to: community esthetics and the promotion o the visual appeal of the city, promotion of economic activity, the promotion of safety for 17 61.008 BASIC POLI- CIES. The policies stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary. A. Enforcement Authority. The Director of Planning is authorized and directed to enforce the provisions of this Chapter. The Director may designate one or more representatives of the department to implement the provisions of this Chapter. B. Permits - When Required. No sign may be construct- ed, mounted, or displayed in the City unless the same is duly permitted pursuant to this Chapter, or is exempt from permitting, either pur- suant to this Chapter or by other applicable law. In addition to the requirements of this Chaptsr, all signs constructed, mounted or displayed within the City must also satisfy all applica- ble safety codes (building, electrical, plumbing, grad- ing, etc.) and all applicable requirements of other bod- ies of law. C. Message Neutrality. It is the City's policy to reg- ulate signs in a constitution- al manner, which is content neutral as to noncommer- cial signs and viewpoint neutral as to commercial signs. D: Message Substitution Policy. Subject to the land owner's consent, any noncommer- cial message may be sub- stituted, in whole or in part, for any duly permitted or allowed commercial mes- sage or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without con- sideration of message con- tent. Such substitution of message may be made without any additional approval or permitting, This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or any favoring of any particu- lar noncommercial mes- sage over any other non- commercial message. This provision does not create a right to increase the total amount of signage on a par- cel; it does not allow the substitution of an offsite commercial message in place of an onsite commer- cial message, and it does not affect the requirement that a sign structure or mounting device be proper- ly permitted F. Regulatory Interpretations. All regulatory interpreta- tions of this Chapter are to be exercised in light of the City's message neutrality policy and message substi- tution policy. Where a par- ticular type of sign is pro- posed in a permit applica- tion, and the type is neither expressly allowed nor pro- hibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, con- ditionally approve or disap- prove the application based on the most similar sign type that is expressly regu- lated by this Chapter. F. Rules for Non - Communicative Aspects of Signs. All rules and regulations concerning the non -com- municative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable inde- pendently of any permit or approval process. G. Billboard Policy. The City Council finds that the City already has a suffi- cient number of billboards to satisfy the community's needs for offsite commer- cial messages, and that any new or additional billboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely pro- hibits the construction, erection or use of any bill- boards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted. The City adopts this policy pursuant to California Government Code section 65850, and California Business and Professions Code sections 5354(a) and 5408.3 (both effective January 1, 2003). No permit shall be issued for any billboard which vio- lates this policy, and the City will take immediate abatement action against any billboard constructed or maintained in violation of this policy. 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 bill- board policy to be sever- able 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 pro- vision does not prohibit agreements to relocate presently existing, legal bill- boards, as encouraged by California Business and Professions Code section 5412. H. Mixed or Multiple Use Zones, In any zone where both res- idential and non-residential uses are allowed, whether such zones are now exist- ing or created in the future, the signage rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential use where that type of use would be allowed as a mat- ter of right, and nonresiden- tial uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discre- tionary process. I. Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is mount- ed or displayed. For pur- poses of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property. J. Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and travel with the land or other property on which a sion 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 Chapter), or the ownership of sign structures. K. Preservation of Existing Rights and Duties. This Chapter does not abro- gate any easements, covenants, or other existing agreements which are more restrictive than the provi- sions of this Chapter. L. Sign Programs. Sign programs for specific developments, as well as special sign districts or spe- cial sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify'the rules stated herein as to sign size, height, illumination, spac- ing, orientation or other noncommunicative aspects of signs, but may not over- ride or modify any of these Basic Policies. All the provi- sions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. M. Severance. If any section, sentence, clause, phrase, word, por- tion or provision of this Chapter is held invalid or, unconstitutional, or unen- forceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, por- tion, 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. 17.61.010 CATEGORIZA- TION OF SIGNS. For purposes of this Chapter, signs within the City shall be classified in one or more of the following categories: A. Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any 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. B. Announcement or Bulletin Board Sign. Signs, permanent in character, designed and constructed to accept changeable copy, handbills, posters and other temporary materials of a similar nature. C. Awning Sign. A sign painted or printed on the exterior surface of and awning. An alternative to a wall sign, permitted as same. D. Banner. A fabric or fabric - like material on which an advertising message is painted or otherwise affixed. E. Billboard. A permanent structure sign used for the display of offsite commer- cial messages. F. Construction Sign. A sign mounted on the site of a construction or remodeling project, for which a building permit is required and has been issued, displayed dur- ing the time period begin- ning with the issuance of the building permit and end- ing with the earliest of any of the following: expiration of the building permit, issuance of a certificate of occupancy, certificate of completion, final inspection, or the functional equivalent of any of them. G. Directional Sign. A sign which provides directional information for drivers, pedestrians, and travelers. H. Electronic Message Sign. A sign with the capa- bility of presenting variable message displays by pro- jecting an electronically controlled light pattern against a contrasting back- ground and which can be programmed to change the message display periodical- ly. I. Flag. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which dis- plays visual images or sym- bols, typically those of gov- ernments, religions, caus- es, or organizations. J. Flashing Signs. •Lighted signs which disappear and reappear at periodic inter- vals, or are intermittently on and off. and which are placed so as to attract vehicular traffic with empha- sis on the recurrence of lights. This definition includes beacons, search- lights, and klieglights only when they are used for commercial purposes. K..Monument Sign. A sign with an overall height of six (6) feet or less, standing directly on the ground or on a base where the support- ing poles or structures, if any, are covered from pub- lic view. L. Nameplate. Signs identi- fying the occupant of the premises, the business and/or address. M. Off-site sign. A sign which advertises or informs in any manner businesses, services, goods, persons or events at some location other than that upon which the sign is located. The onsite / offsite distinction applies only to commercial messages. N. Painted sign. A sign painted'ormounted on the exterior surface of a build- ing or structure. O. Pennant. • ,A display' device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used pri- marily to attract attention of passersby. P. Pole or Pylon Sign. A sign with an overall height exceeding six feet and sup- ported by one or more poles or pylons attached directly into or upon the ground. Q. Portable Sign. A sign designed and constructed so as to be easily moved. Such signs are usually not to a building or anchored to the ground. Common types include "A" frame signs, sandwich board signs, and sidewalk signs. R. Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may0 be visible from adjacent(; streets or highways. S. Projecting Sign. A sigft which is suspended from oral supported by a building ori wall and which projects out- ward from such building or, wall a distance of twelve inches or more. Contrast: wall sign. T. Real Estate Sign. A signii which displays information regarding an economic exchange of which land or,,r, improvements thereon is' the subject. Such signs are usually temporary in physk cal structure and display messages such as "for sale," "for rent," etc. A sign which announces vacan- cies at hotels, motels, and: other places of short term: accommodation are not within this definition. U. Revolving Sign. A sign or a portion thereof, which rotates or revolves. V. Roof Sign. A sign sup- ported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure. W. Temporary Sign. A sign which, by virtue of its light- weight or flimsy construc- tion, is not suitable for long term display. Common tem- porary signs include ban- ners, pennant valances, streamers, advertising bal- loon, inflated or air activat- ed advertising devices, search lights, beacons, moving stuffed animals, or advertising displays con- structed of cloth, canvas, light fabric, plastic, paper, cardboard, wallboard, wood or other light or similar materials used for advertis- ing purposes attached to or pinned on or from any struc- ture, staff, pole, line, fram- ing, vehicle or other object. X. Under Canopy Sign. A sign attached to the under- side of a projecting canopy perpendicular to the build- ing frontage, commonly used for identifying the land use at that location. Y. Vehicle Signs. Signs on or affixed to trucks, vans, automobiles, trailers, or other vehicles which adver- tise or provide direction to a use or activity not related to its lawful making of deliver- ies or sales of merchandise or rendering of service from such vehicles. Z. Wall Sign A sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane approximately parallel to the plane of the wall and which projects not more than twelve inches from the building or structure wall. Contrast: projecting sign. AA. Window Sign. A sign painted, attached, glued or otherwise affixed to a win- dow, which is easily visible from the exterior of the building. 17.61.015 DEFINITIONS For purposes of this Chapter, the following words and phrases have the meanings stated in this section. A. Administrator. Same as Director. ji B. Advertising Structure. I. A structure of any kind or character, erected or main- tained for outdoor advertis- ing purposes, upon which any poster bill, printing, 1 painting or other advertise- ment of any kind whatsoev- er may be placed for adver- tising purposes. I C. Area of Sign. The area of a sign shall include the entire area within a series of rectangles (maximum four per visual plane) whose outermost borders are defined by the outermost extent of any writing, repre- sentation, emblem, figure. character or separate sign surface. When letters com- prising a sign message are placed on a background or field which is different in color or materials from the architectural features of the building on which the sign is mounted, the sign area shall be calculated as the entire area comprising the overall sign feature. In the case of a two-sided sign, the area shall be computed as including only the maxi- mum single display surtace which is visible from any ground position at one time. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any cylindrical or spherical sign, the total area shall be com- puted on the total area of the surface of the sign. D. Awning. Either a fabric covered appendage or a temporary collapsible shel- ter of noncombustible mate- rials supported entirely from the exterior wall of a build- ing anue0',tp,lgn(Rafl e. ga consiOre when 6'u5ed .edis, play an image or message. E. Canopy. A fixed over- head shelter used as a roof, which may or may not be attached to a building. Such a device is also a sign only when it is also used to dis- play an image or message. F. Changeable Copy. Sign display copy which may be changed without altering the physical structure or mounting device of the sign itself. G. Commercial Complex. Any group of three (3) or more commercial uses on a parcel or combination of contiguous parcels which are generally served either by common access or com- mon parking, or a large sin- gle commercial use occupy- ing at least two and one-half (2 _) acres with a minimum of 200 feet of street frontage. H. Commercial message. A message displayed on a sign which primarily con- cerns business, commercial or economic interests, or which proposes an eco- nomic transaction. Commercial messages may be onsite or offsite; howev- er, the .onsite'/ offsite dis- tinction applies only to com- mercial messages. I. Development. A building wherein two or more sepa- rate independently owned or operated establishments are located. J. Director. The City's Planning Director. K. Establishment. Any non- residential use of land involving permanent struc- tures orbuildings. L. Face of Building. The wall of a building, excluding any appurtenances, such as projecting .fins, columns, pilasters, canopies, mar- quees, showcases of deco- rations, but including any required parapet wall. M. Frontage. The length of a lot along a street or other principal Public) thorough- fare. but. not including such length along an alley, rail- road or freeway. N. Frontage of the Parcel. On a lot with more than one frontage on a public street, the front footage of the par- cel shall be determined by the measurement of the larger or largest frontage on a public street. O. Height of a sign. The dis- tance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially alter the height of a sign. P. Hospital • or. Medical Center Compt . Any group of medical or hospital build- ings under single ownership on a parcel or combination of parcels that contain a minimum of twenty (20) acres or more. Q. Industrial Complex. Any group of three (3) or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or sin- gle industrial use occupying at least one hundred thou- sand (100,000) square feet of floor area. R. Landscaped Planter. An area specifically designated for plant materials which may be at, below or above grade. S. Line of Sight. The point of visibility from the street to an object, e.g., sign. The longer the line of sight, the further the sign is visible from the street. T. Luminous sign. A sign that emits light. U. Mansard Roof. A sloped, decorative roof element attached to the face of a building wall. V. Noncommercial mes- sage. A message or image displayed on a sign which concerns matters not included within the defini- tion of commercial mes- sage. Noncommercial mes- sages typically consist of expressions on the topics of politics, religion, philosophy, morals, and public contro- versies. The onsite / offsite distinction applies only to commercial messages. W. Offsite or off -premises sign. A sign whose mes- sage does not pertain or relate to the premises upon which the sign structure is mounted or constructed. The onsite / offsite distinc- tion applies only to com- mercial messages. X. Onsite or on -premise. As pertaining to signs, a mes- sage which concerns or relates to the same premis- es as that upon which the sign is mounted or dis- played. The onsite / offsite distinction applies only to commercial messages. Y. Office Complex. Any group of three or more office uses on a parcel or combination of parcels which are generally served either by commoh access or common parkin. Z. Primary Street Frontage. The street frontage from which the majority of the pedestrian or vehicular traf- fic is drawn or toward which the building or buildings are oriented for primary visual impact. Each commercial complex or shopping center shall be allowed to desig- nate only one primary street frontage. Where no single street frontage can be iden- tified as the primary street frontage, or in cases of dis- pute as to which street frontage is the primary street frontage, the (Tanning Director shall des- ignate the primary street frontage in conjunction with the review of proposed S' ei inn - Street tae8.7Riltbrit'a0e other that' aiprirnb'ry. Street frontage. BB. Shopping Center. Same as commercial com- plex. CC. Sign. Any device, fix- ture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of "sign" for regu- latory purposes of this Chapter: 1. 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, provided the building or enclosed structure is otherwise legal; 2. Architectural features: Decorative or architectural features of buildings (not including lettering, trade- marks or moving parts); 3. Symbols embedded in architecture: Symbols of noncommercial organiza- tions or concepts including, but not limited to, religious or political symbols, when such are permanently inte- grated into the structure of a permanent building which is otherwise legal; 4. Personal appearance: Items or devices of person- al apparel; decoration or appearance, including tat- toos, makeup, costumes (but not including commer- cial mascots); 5. 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; 6. Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not oth- erwise regulated by this 7. Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass transit vehi- cles that legally pass through the City; 8. Certain insignia on vehi- cles and vessels: On street legal vehicles anct, properly licensed watercra : license plates, license plate frames, registration insignia, non- commercial messages, messages relating to the business of which the vehi- cle or vessel is an instru- ment or tool (not including general advertising) and messages relating to the proposed sale, (ease or exchange of the vehicle or vessel; 9. Gravestones or grave markers. 10. Newsracks and news- stands DD. Sign Structure. The supports, upright's, brac- Ines, guy rods, cables and other structural framework 01 a sign or outdoor display. EE. Window Area. The total area of a window upon which signs, images or messages may be mount- ed. A group of window panes or panels can be considered one window if they are adjoining on the building face and are less than six (6) inches apart. 17.61.020 ADMINISTRA- TION, PERMITS AND APPEALS A. Sign Permit Required. A sign permit shall be required prior to the placing, erecting, moving or recon- structing of any sign in the City, unless the subject sign is expressly exempted from the permit requirement by this Chapter or other appli- cable law. Signs requiring a permit shall comply with the provisions of this Chapter and all other applicable laws and ordinances. B. Permit - Method of Application. An application for a sign permit shall be made on forms as pre- scribed by the Director. Such an application shall be filed with the Planning Department. The applica- tion shall be accompanied by any fees or bonds as specified by City Council resolution. C. Permit Application - Contents. A sign permit application shall contain the location by street and num- ber of the proposed sign structure, as well as the name and address of the owner and the sign contrac- tor or erector. Three copies of the plans, fully dimen- sioned, shall be filed with the application, including: 1. Plot plan, fully dimen- sioned, showing location of all buildings and improve- ments and the location of each proposed sign togeth- er with the location, size and height of all existing signs on the premises/site. The street frontage shall be clearly indicated on the plan. 2. Elevation plan, fully dimensioned, showing height and size of each pro- posed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building. 3. Structural details and cir- culations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five square feet and the height of the sign exceeds six feel. 4. A statement by the owner of the proposed sign as to whether the sign is to dis- play commercial or non- commercial messages, or both, and whether the dis- play face wjl(,tze.perrnanent, changeable, or a perma- nent structure with' change- able elements. If the pro- posed sign is to be used to display commercial mes- sages, then the applicant shall also state whether the message is to be onsite or offsite. D. Purpose and Method of Review. The purpose of a permit is to ensure compli- ance with the provisions of this Chapter. After receipt of a complete sign application, the Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within fifteen working days. Unless the applicant waives time, fail- ure of the Director to issue a written decision within fif- teen working days shall constitute denial of the application. Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those require- ments shall not be based upon the proposed mes- sage content, sign copy, or design of the visual display of the sign. E. Appeals. All sign permit applications shall be initially reviewed by the Director. When the Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the City Council. Appeal is effected by filing a written notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the City Council. In each case, writ- ten notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence, and ren- der a written decision within thirty days. In the cases of appeal to the Planning Commission and the City Council, the hearing must follow normal procedures for agendizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the city does not ren- der a definite decision with- in the required time shall be deemed denied, and the time for appeal or filing judi- cial review shall commence on the last date on which the city could have issued a decision. F. Judicial Review. Following final decision by the City Council, any con- cerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure section 1094.8. G. Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with sepa- rate decisions as to each proposed sign. When an application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial. H. Revocation or Cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and / or the terms or condi- tions of any permit, after written notice of noncompli- ance and at least fifteen (15) days opportunity to cure. I. Permits Issued in Error. Any approval or permit issued in error may be sum- marily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation. J. Interpretation of Provisions. Whenever the application of this Chapter is uncertain, the Director may refer the matter to the Planning Commission for determination. All interpre- tations are to be made in light of the Basic Policies section of this Chapter. K. Variances. Applications for a variance from the terms of this Chapter shall be reviewed by the Planning Commission according to the variance procedures set forth in the Zoning Ordinance; howev- er, variances shall be con- sidered without reference to the proposed content, copy, or message of the proposed sign (other than the onsite / offsite distinction for com- mercial messages). L. Uniform Sign Program. All applications for approval of signs in a shopping cen- ter, commercial, industrial or office complex, a group of three (3) or more busi- nesses on a parcel or proj- ect site or for commercial recreation uses shall be submitted in the form of Uniform Sign Program accompanied by sketches and drawings to scale and dimensions showing details of construction, including connections and electrical plans, if any, and shall delin- eate the typical size, shape, design, material, coloring, lettering, lighting and posi- tion of the signage in rela- tionship to the building form or place where it will be dis- played. Scaled sketches of 6\4sRing signs on the prem- ise's shall accompany the application. (1) Motoristsline of sight. All sign locations shall be safe for traffic sight purpos- es. A sight distance study may be required with each monument or pylon sign being proposed in the Uniform Sign Program when located next to any right-of-way, sidewalk, driveway, or as designated by the Planning Director. (2) Program approval. All sign programs shall be filed and reviewed as provided in this Chapter. Such Uniform Sign Programs shall be developed in full compli- ance with the requirements of this Chapter. No sign shall be installed which does not conform to the approved Uniform Sign Program. 17.61.025 GENERAL PRO- VISIONS A. Exempt signs. Subject to the qualifications and conditions stated in this section, the following signs are exempt from the appli- cation, permit and fee requirements of this Chapter. However, the exemption from the sign permit requirement does not exempt the proposed sign from safety code per- mitting, such as building, electrical, plumbing, grad- ing permits, etc. (1) Permanent window signs not exceeding four (4) square feet and limited to business identification, hours of -operation, address and emergency information only; (2) Real estate signs not exceeding four (4) square feet in area of five (5) feet in height, maximum one sign per parcel or lot, provided it is unlit and is removed with- in fifteen (15) days after the close of escrow or the rental or lease has been accom- plished; (3) Contractor or construc- tion signs: One sign shall be i permitted on a construction or remodeling site. The sign t may not exceed thirty-two (32) square feet unless a larger sign is required by another body of law, in which case the smallest sign conforming to the law I shall be used. The con- struction sign may not i exceed eight (8) feet in t overall height, and shall be set back from the property I line by at least (10) feet. Construction signs must be removed at the earliest of issuance of certificate o occupancy, certificate o completion, or final inspec- tion checkoff, or their func- tional equivalent. (4) Future tenant identifica- tion sign: Future tenant identification signs may be placed on vacant or devel- oping property to advertise the future use of the proper- ty and where this informa- tion may be obtained. Such sign shall be limited to one per street frontage and to a maximum of thirty-two (32) square feet in area and eight (8) feet in overall height for parcels contain- ing ten (10) acres or less. For parcels greater than ten acres, one sign is permitted for every six hundred (600) feet of street frontage and is limited to sixty-four (64) square feet in area per side and fifteen (15) feet in over- all height. Such signs may also be placed along the freeway at one thousand (1000) foot intervals, not to exceed one hundred fifty (150) square feet in area per side and twenty (20) feet in overall height. Further, such signs shall be placed no less than ten (10) feet from any property line. Any such sign shall be removed upon completion of such project; (5) Real estate signs on industrial, commercial or agricultural property: One sign per street frontage not to exceed thirty-two (32) square feet; no such sign shall exceed eight (8) feet in overall height and shall be set back from the property line at least ten (10) feet. Where a property has in excess of six hundred (600) lineal feet of frontage. one additional sign is permitted for each six hundred (600) lineal feet of street frontage. (6) Real estate signs on residential properties: one sign not exceeding 8 square feet in area per dis- play face, not more than two display faces, maxi- mum height five feet, set- back from the property line - at least five feet. (7) Memorial tablets, plaques, or directional signs for community historical resources, installed by a recognized historical socie- ty or civic organization; (8) Directional signs not t exceeding three (3) square feet in area; (9) Residential building 0 identification signs used to c dentify individual resi- dences and not exceeding 0 2j square feet; s (10) Official and legal f notices issued by the court, public body, person or offi- s cer in performance of his i public duty or in giving any b egal notice; e 11) Directional, warning, h dentification, or informa- 0 Tonal signs or structures required or authorized by sI aw or by federal, State, ti County or City authority; ty (12) Flags. Flags on com mercial, industrial or agr cultural properties: max mum number of flags: fou maximum number of fla poles: two; maximum heig of flag poles: 25 feet; max mum area of all flags cornbined: 100 square fee (measured one side only Flags on residential prope ties: maximum number o flags: four; maximum num ber of flag poles: one; max imum height of flagpole not higher than the top o the roof of the residentia structure; maximum area o all flags combined: 6 square feet. No flags dis playing commercial mes sages, images or symbol may be displayed in resi dential zones. (13) Signs of public utility companies, indicating dan ger or which serve as an aid to public safety or which show location of under ground facilities or public telephones; (14) Safety signs on con- struction sites; (15) Political etc. Signs dis- playing political or other noncommercial messages may be displayed on private property in any zone at any time under the message substitution policy of this Chapter. In residential zones and on legal residen- tial uses, in addition to the flag allowance, temporary or permanent signs display- ing political or other non- commercial messages may be displayed at any time, subject to: maximum num- ber of signs: not limited; maximum size of any one size (measured one side only): eight square feet; maximum area of all signs combined: sixteen square feet: however, these limits on size, number and total area (but not height) may be doubled during the time period which commences 45 days before and ends 10 days after any general or special election. (16) Temporary window signs for any establishment in a commercial zone, and for commercial uses in industrial or industrial / busi- ness park zones when approved as part of a Uniform Sign Program, are allowed without permit sub- ect to: a) Maximum window sign: hirty (30) percent of the window area (on multi -story buildings, only the windows n the first floor may be punted), but in no event may window signs exceed ne hundred fifty (150) quare feet per street rontage. b) The placement of the ign shall be located on the rst floor only on multi -story uildings, and shall not xceed twenty (20) feet in eight above finished gni:,- n one- story buildings. c) No temporary window gn shall be displayed con- nuously for more than thir- (30) days. (d) Paper signs which r- advertise "weekly specials' and similar signs which are r; rotated on a regular basis gshall have a fastening hdevice for a more derma nent look. (17) Residential garage o yard sale signs are allowed )• without permit subject to the r" following requirements: f (a) A permit for the garage " and yard sale shall b obtained prior to the erec tion of any signs for suc event. f (b) A maximum of three (3 0 signs are permitted. (c) Signs shall be limited t a maximum size of three (3) s square feet each. - (d) Signs shall only be placed on private property, and not in the public right- - of -way or on utility poles. (e) Signs shall only be erected on the day of the - event as permitted and shall be removed at sunset each day. B. Prohibited Signs. The signs described in this sub- section are prohibited, unless some other more specific provision in this Chapter or other applicable law makes them allowable, either by permit or exemp- tion from the permit require- ment. (1) Roof signs; (2) Flashing signs, except time and temperature signs; (3) Animated signs; (4) Revolving signs; (5) Portable signs; (6) Oft -site commercial signs on permanent struc- tures; (7) Signs on the public right- of-way, except where required by a governmental agency; (8) Signs blocking doors or fire escapes; (9) Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots; (10) Banners, flags, pen- nants and balloons, except for special events as provid- ed for in this Chapter (11) Inflatable signs or signs designed to be air activat- ed, floated or flown, includ- ing balloons used for com- mercial advertising purpos- es, kites or other serial signs that are made of any electrically conducive mate- rial. (12) Signs, posters, adver- r tisements, etc., attached to t utility poles, shall be prohib- t ited. C. Roof Sins. Roof signs s may be used only in the n event no other signing alter- c natives are available. Roof s signs may be permitted if t architecturally designed a and built into the roof struc- 0 ture. Such design shall be compatible in design and s materials with the building. 0 D. Signs Related to r Inoperative Establishments. n Signs promoting activities 10 or establishments which are p no longer in operation shall re be removed from the prem- si ises or the sign copy shall th be removed or obliterate within sixty (60) days aft the premises has bee vacated. Any such sign n removed within the spec fied time shall constitute nuisance and shall be sub r ject to removal under th provisions of this Chapter. E. Enforcement, dna P Itie and.Abatement,.. (1) Any violatbq..:of,.,thi e Chapter shall be deemed t - be a continuing violatio h until the violation has bee corrected. (2) Violation of any of the provisions of this section o shall constitute a nuisance and a Zoning ordinance vio- lation. (3) Notwithstanding any other provision of this Chapter, the City Attorney, upon the direction of the City Council, may com- mence an action in a court of competent jurisdiction to Obtain an injunction pro- hibiting the construction, erection, maintenance or display, or requiring the removal, of any sign which is in violation of any of the provisions of this section. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees. (4) The owner or other per- son entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of the removal, storage and/or destruction and the City may recover the same through an action com- menced in a court of com- petent jurisdiction together with the City's court costs and reasonable attorney's fees. (5) Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows: (a) If the address of the owner or other person enti- tled to possession of the sign is known, notice 0f the City's intention to remove and destroy the sign, stat- ing the date after which sign will be removed and destroyed, shall be mailed to the owner or other per- son entitled to possession by certified mail, return eceipt requested at least en days before the date. If he address of the owner or ther person entitled to pos- ession is not known, the otice shall be affixed in a onspicuous place on said ign at least ten days before he date. The notice shall Iso set forth the provisions f this section. b) The owner or other Per- on entitled to possession f the sign may, before the emoval date stated in the otice, file a written request r hearing with the tanning Department. The quest shall;, identify the gn and its location, state e name and address of d the owner or other person er entitled to possession and n set forth in detail the con- ot tentions why the sign 1- should not be removed and a destroyed. - (c) If a request for hearing is e filed, the Planning Commission shall hear the amen s matter at a regularly sched- uled meeting held not more s than thirty (30) days there - o after. After the hearing, the n Planning Commission shall n determine whether or not the sign is an illegal sign within the public right-of- way. The written decision of the Planning Commission shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to pos- session within seven days thereafter. Unless a notice of appeal is filed as provid- ed for in this Chapter, the decision of the Planning Commission shall become final ten (10) days after mailing. (d) The owner or other per- son entitled to possession may file a notice of appeal with the City Clerk within ten (10) days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting sched- uled not more than thirty (30) days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right-of- way. The written decision of the City Council shall be rendered within ten (10) days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to pos- session within seven days thereafter. The decision of the City Council becomes final ten (10) days after mailing. (e) Unless the owner or other person entitled to pos- session of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the Planning Department, the City may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the Planning Commission or the City Council determin- ing that the sign is an illegal sign within the public right- of-way. the City may remove and destroy the sign. (f) Notwithstanding any pro- vision of this Chapter to the contrary, any illegal sign within the public right-of- way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and stored by the City, at the expense of the owner, or other person entitled to pos- session, pending comple- tion of the notification and hearing procedures set forth in this section. F. Construction and Maintenance of Signs. (1) Every, sign and all �,R.e, portions, WI motet-, ,aa,ishall be manufacturedl, assembled and erected in compliance with all applica- ble State, federal, and City regulations, the Uniform Building Code and the National Electrical Code. (2) Every sign and all parts, portions and materials shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted and free from rust and cor- rosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmentioned or dam- aged portion of a sign shall be repaired or replaced within thirty days following notification by the City. Noncompliance with such a request will constitute a zoning violation and will be enforced as such. G. Flags. Commercial flags and banners are permitted in conjunction with an approved residential subdi- vision sales office or a com- mercial office, or an indus- trial leasing office. Such flags shall conform to the following provisions: (1) A maximum of six (6) may be used. (2) The flags or banners shall be no higher than fif- teen (15) feet. (3) The flags or banners shall be displayed in the immediate vicinity of the sales/leasing office. In no case shall the flags be allowed within the public right-of-way.(4) In the case of a residential subdivision office, the flags may be maintained as long as a valid operating permit for the sales office remains in effect. (5) In the case of a commer- cial office, or industrial leas- ing office, the flags may be maintained until seventy - f ive percent (75%) of the spaces have been leased. (6) The maximum size of any one flag shall not exceed three fifteen square feet. All flags shall be main- tained in good condition; torn or worn flags shall be replaced. H. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be permitted if architectural- ly designed and built into the roof structure. Such design shall be compatible in design and materials with the building. I. Inoperative establish- ments. Signs pertaining to activities or businesses which are no longer in oper- ation shall be removed from the premises or the sign copy shall be removed or obliterated within sixty (60) days after the premises has been vacated. Any such sign not removed within the specified time shall curet.. (c) it a request for hearing is and city regulations, the ground sign, the overall tained in good repair at all tute a nuisance and shall be filed, the planning commis- uniform building code and height shall not exceed four times. subject to removal under sion shall hear the metteeat the national electrical code (4) feet (4) A cash deposit of five the provisions of this chap- a regularly scheduled mo.. (2) Maintenance. Every sign C. Special Event Signs. ter. ing held not more than Ii1u and all parts, portions and Special event signs shall be J. Enforcement, penalties (30) days thereafter. Ali.materials shall be main- permitted when they comply and abatement. the hearing, the plana (1) any violation of the pro- commission shall determine tained and kept in proper with the provisions of this visions of this section shall whether or not the sign is an repair. The display surface subsection. Such signs are be deemed to be a continu- illegal sign within the public of all signs shall be kept permitted for a limited peri- neativ painted and od of time in any zoning dis- trict in connection with a special temporary event, such as (by way of example and not limitation), grand openings, parades, march- es, demonstrations, carni- vals, festivals, charitable events, special holiday sea- son displays, etc., when such events comply with all applicable laws. Applicants for a special event signs shall submit a letter to the director which describes the ing violation until the viola- right-of-way. The written clean, tion has been corrected. decision of the planning free from rust and corro- commission shall be ren- sion. Any cracked, broken (2) violation of any of the dered within ten days after surfaces, malfunctioning provisions of this section the hearing and a copy of lights, missing sign copy or shall constitute a nuisance the decision shall be mailed other unmentioned or dam - and a zoning ordinance vio- to the owner or other per- aged portion of a sign shall lation. son entitled to possession be repaired or replaced (3) notwithstanding any within seven days there- within thirty days following other provision of this sec- after. Unless a notice of notification by the city. tion, the city attorney, upon appeal is filed as provided Noncompliance with such a the order of the city council, for in this chapter, the deci- request will constitute a may commence an action in sion of the planning com- zoning violation and wit be a court of competent juris- mission shall become final enforced as such. diction to obtain an injunc- tion prohibiting the con- struction, erection, mainte- nance or display, or requir- ing the removal, of any sign which is in violation of any. of the provisions of this sec- tion. In any such action, the city shall be entitled to recover its costs and its rea- sonable attorney's fees. (4) the owner or other per- son entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the city for the cost of the removal, storage and/or destruction and the city may recover the same through an action commenced in em court of competent jurisdic tion together with the city's' court costs and reasonable', attorney's fees. (5) any illegal sign within{ the public right-of-way Iat found and declared to be a>J public nuisance, and suchi sign may be abated by the city as follows: (a) if the address of the owner or other person enti- tled to possession of the sign is known, notice of thiel city's intention to remove and destroy the sign, stat- ing the date after which sign will be removed and destroyed, shall be mailed to the owner or other per- son entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to pos- session is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section. (b) the owner or other per- son entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with the plan- ning department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the con- tentions why the sign should not be removed and destroyed. ten (10) days alter mailing. L. Flags and banner (d) the owner or other per- subdivision sales officers, proposed event by location, son entitled to possession etc. Flags and banners are area and time duration. The may file a notice of appeal permitted in conjunction application shall be with the city clerk within ten with approved residential processed in the same (10) days after the date of subdivision sales office or a manner, and subject to the mailing of the planning commercial office, or an same appellate procedures, commission's decision. If a industrial leasing office. as an application for a sign timely notice of appeal is Such flags shall conform to permit. Special event sign heardfiled, the matter city shall be (he1) following maximumprovisions: of six (6) permitsheollowngshall prrovisons: mited to abya the city council ad- ) 1 No more than one c regular meeting sched- may be used; (1) spe- uled not more than thirty (2) The flags or banners cial event sign shall be per - (30) days thereafter. After shall be no higher than fif- mitted per specsble either a hearing, the city council teen (15) feet; sign shall determine whether or (3) The flags shall be dis- wall, window or ground i n is an illegal sign played in the immediate sign, or may be in the form hundred dollars ($500.00) per sign shall be deposited with the sign application to ensure compliance with this section and removal of such sign. The deposit shall be refunded to the applicant upon sign removal by the applicant. If the city is forced to remove any signs, then the cost of removal shall be deducted from the deposit. F. Permitted Signs— Temporary Subdivision Directional Signs. The fol- lowing signs may be permit- ted in any zoning district subject to the provisions listed: (1) A maximum of six (6) signs may be used to lead customers to the site. (2) Signs shall be no larger than 600 square inches and shall be grouped on a two- sided sign structure as shown in exhibit a. the city may, from time to time, develop or amend the design details for this sign structure. (3) A sign structure shall be located not less than six hundred (600) feet from an existing or previously approved sign site. Further, not g within the public right -of- vicinity of the sales/leasing of a banner or pennant.each sign may only contain way. The written decision of office. In no case shall the (2) The special event sign the name of the subdivision, the city council shall be ren- flags be allowed within the shall be a maximum of fifty and a directional arrow as dered within ten (10) days public right-of-way; (50) square feet in area shown on exhibit b. utter the hearing and a copy (4) In the case of a residen- (measured one side) and !Df the decision shall be tial subdivision office, the shall be posted below the (4) The placement of each mailed to the owner or other flags can be maintained as roof or shall be no higher sign structure shall be person entitled to posses- long as a valid operating than eight (8) feet in the reviewed and approved by sion within seven days permit for the sales office case of a ground sign. (3) the Director, who shall base 'thereafter. The decision of has been granted. Special event signs shall be the decision on non-com- 'the city council becomes (5) In the case of a commer- limited to cumulative total of municative aspects of the final ten (10) days after tial office, or industrial leas- forty-five (45) days per cal- sign. mailing. ing office, the flags may be endar year. As to any one (5) Signs placed on private (e) unless the owner or maintained until seventy- special event, the sign may property shall require the other person entitled to pos- five percent (75%) of the be on display not more than written consent of the prop- • . n on or spaces have been leased; fourteen calendar days pre- erty owner, to be filed with session o e ig , before the removal date (6) The maximum size of ceding the event, and not stated in the notice each flag or banner shall more than three calendar described in this section, not exceed three (3) feet by days after the conclusion of files a written request for five (5) feet and all shall be the event. However, in the hearing with the planning maintained in good condi- case of special commercial department, the city may, at tion. Torn or worn flags shall events and promotional any time after said date, be replaced. sales, the maximum display remove and destroy the 17.61.050 SIGNS PERMIT- time for any single event is sign. If a written request for TED IN ALL ZONES fifteen calendar days. A. Permitted Signs— E. Permitted Signs—On- hearing Is filed then upon any final decision of the Generally. site Subdivision Signs. be prepared showing the planning commission or the Sign permits shall be issued Onsite subdivisions may site of each directional sign city council determining that for signs included under this display signs which conform and shall be submitted to the sign is an illegal sign section, provided the signs to the following: the planning department within the public right -of- are in compliance with the (1) One temporary on-site prior to the issuance of a way, the city may remove qualifications stated in this subdivision sign not to sign permit. and destroy the sign. section, and all other appli- exceed sixty-four (64) (7) Any such sign approved (f) notwithstanding any pro- cable laws and ordinances. square feet total for two (2) for a particular subdivision vision of this chapter to the B. Directional Signs. sides or thirty-two (32) within the city shall not be contrary, any illegal sign (1) Private party directional square feet for one side and changed to advertise anoth- within the public right -of- signs shall be designed, a total overall height of fif- er subdivision. way which constitutes a constructed and mounted teen (15) feet may be per- (8) There shall be no addi- hazard to pedestrian or so as to be viewed from on- mitted on each primary tions, tag signs, streamers, vehicular traffic may be site or from an area KO- street frontage of the prop- devices, display boards, or removed immediately and cent to the site by pedestri- erty being subdivided, not appurtenance added to the stored by the city, at the ans or motorists while park- to exceed two (2) such sign as originally approved. expense of the owner, or ing their automobile. signs for all phases of any Further, no other directional other person entitled to pos- (2) Private party directional subdivision (interior streets signing may be used, such session, pending comple- signs may not contain com- of the subdivision are not as posters or trailer signs. tion of the notification and mercial advertising materi- recognized as a main street (g) All nonconforming sub - hearing procedures set al. frontage). division signs associated forth in this section. (3) Private party directional (2) Such signs shall be with the subdivision in K. Construction and malate- signs are not to be allowed removed within ten (10) question must be removed nance of signs. within the public right -of- days from the date of the prior to the issuance of a (1) Code compliance. Every way. • final sale of the land and/or new sign permit. sign and all parts, portions, (4) private party directional residences. (10) A five hundred dollar and materials shall be man- signs shall not exceed four (3) Signs shall be main ($500.00) cash deposit ufactured, assembled and (4) square feet in area, per shall be placed with the city erected in compliance with side. In the case of a to ensure compliance with all applicable state, federal, this subsection. Any sign placed contrary to the provi- the planning director prior to issuance of a permit. Signs in the public right-of-way shall be reviewed and approved by the public works director prior to issuance of the sign permit, and shall require approval of an encroachment permit. (6) A sign location plan shall sions of this section may be removed by the city and the cost of removal shall be deducted from the deposit Additional costs incurred by ' the city resulting from the removal of illegal signs shall be charged to the develop- er. (11) The sign(s) may remain on display only until the subdivision is sold out. 17.61.100 SIGN REGULA- TIONS -OPEN SPACE, RESIDENTIAL AND AGRI- CULTURAL ZONES A. O -S (Open Space. Conservation and Recreation) Zone. Signs in the O -S Zone shall be limited to 'for sale" signs in accordance with Section 17.61.025 of this Chapter and the following signs for commercial recreation uses, subject to approval of a Uniform Sign Program as described in Section 17.61.020. (1) One monument sign for each street frontage, limited to five (5) feet in height and thirty-two (32) square feet in size. (2) Building -mounted sig- nage not exceeding ten per- cent (10%) for any building wall. B. Residential Zones. The following signs shall be permitted in resi- dential zoning districts: (1) Single -Family Residential Zones (R -SF, R- A and R- P0). Real estate for sale signs, and identifi- cation signs in accordance with Section 17.61.025.A (2) of this Chapter, and non- commercial signs per sec- tion 17.61.025.A(15). (2) Multi -Family Residential Zones (R -MF and R -HD). (a) Real estate for sale signs in accordance with Section 17.61.025.A(2) of this Chapter. (b) A maximum of two signs indicating the name of the multiple -family dwelling, apartment or dwelling group shall be permitted. Such signs may include monu- ment signs not exceeding six (6) feet in height and/or wall -mounted signs. The total area of each sign shall not exceed four (4) square feet for loss than twelve (12) units, or twelve (12) square feet for twelve (12) or more units. Signs attached to the wall of the building shall not extend above the roof or eave line. Such sign may project twelve (12) inches maxi- mum from the building face. Identification signs may be illuminated, either internally or externally; provided, that all lights are directed away from public rights-of-way and adjacent properties. (c) An illuminated directory sign shall be provided at each entrance of all multi- family complexes with more than twelve (12) dwelling units. Directory signs shall provide a diagrammatic rep- resentation of the complex in accordance with the requirements of the Fire Department (d) Noncommercial signs per section 17.61.025.A(15) of this Chapter. C. Agricultural (A-1) Zones. (1) Real estate for sales signs and identification signs in accordance with Section 17.61.025.A(2) of this Chapter. (2) Signs for produce sales, subject to approval of a Uniform Sign Program in accordance with Section 17.61.020.L of this Chapter. (3) Noncommercial signs per section 17.61.025.A(15) of this Chapter. 17.61.105 - Sign Regulations - Manufacturing Zones A. M -L (Light Manufacturing) Zone. (1) Permitted Signs. The fol- lowing signs are specifically permitted for industrial com- plexes, subject to the approval of a Uniformed Sign Program in accor- dance with Section 17.61.020 B. of this Chapter: (a) Wall Signs. One wall sign is permitted for each wall face of the establish- ment, up to a maximum of four wall signs. If said signs display commercial images or messages, they shall qualify as "onsite" commer- cial messages. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage. In no event shall the area of any one wall sign exceed one hundred (100) square feet. Wall signs shall not occupy more than seventy percent (70%) of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Signs. One monument sign not to exceed thirty (30) square feet in sign area may be permitted- to identify sepa- rate businesses or uses in the industrial complex. The monument sign structure Shall not exceed six (6) feet in height. Additional monu- ment signs may be permit- ted on parcels having more than one .frontage if the signs are„I9Pr1tQtf: 4t..lea41,.. tutee - edireairi 49008 apart. Monument signs shall be placed in a land- scaped area or planter of not less than two hundred fifty (250) square feet and shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway. (c) Pylon Sign. One pylon sign not to exceed one hun- dred (100) square feet in sign area will be permitted to identify separate busi- ness or uses in the industri- al complex. The pylon sign structure shall not exceed twenty (20) feet in height. Pylon signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet. Pylon signs shall be a minimum of five (5) feet from any right -of- way, side- walk or driveway. (d) Directional Signs. A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. (2) Signs Permitted for Uses Not in an Industrial Complex. a) Wall Signs: One wall sign is permitted for each wall face of the establish- ment, provided: There are not more than for (4) wall signs for any one establish- ment; if the display 'is used for a commercial message, then it must be onsite com- mercial; in no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. A wall sign shall not occupy more than sev- enty percent (70%) of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area which may be permitted to identify a business. The monument sign structure shall not exceed sign (6) feet in height. Monument signs shall be placed in a land- scaped area or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of- way, sidewalk or driveway. (c) Pylon Signs: One pylon sign not to exceed seventy- five (75) square feet in sign area will be permitted. The pylon sign structure shall not exceed twenty (20) feet in height. Pylon signs for individual establishments which are not located within an industrial complex shall be subject to the approval of a sign permit by the Planning Commission, and shall require the applicant to demonstrate that the specific land use necessi- tates a pylon sign for visibu ity; in considering such an application, the Planning Commission shall consider only the non -communica- tive aspects of the sign. Pylon signs shall be placed in a landscaped area or ' planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. (d) Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. B. M -IP (Industrial Park) and M -C (Commercial Lignt Manufacturing) Zones (1) Permitted Signs: The fol- lowing signs are permitted for industrial complexes, subject to the approval of a Uniform Sign Program in accordance with this Chapter: (a) Wall Signs: One wall sign is permitted for each wall face of the establish- ment provided there are not more than tour (4) wall signs for any one establish- ment. All commercial mes- sages on such signs must qualify as onsite. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. Wall signs shall not occupy more than seventy percent (70%) 01 the storefront or unit width. Sign copy for all wall signs shall be individual channel letters of a maxi- mum of twenty-four (24) inches in height. If the sign contains a logo, said logo shall be a maximum of thir- ty- six (36) inches in height. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area is permit- ted to identify separate establishments or uses in the industrial complex, or to display noncommercial messages. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one frontage and if the signs are located at least three hundred (300) feet apart. Monument signs shall be placed in a land- scaped area or planter of not less. than ,two hundred #iffy;- (2s0.)v. squats -feet, and - shall be a minimum of five (5) feet from any right- of - way, sidewalk or driveway. (c) Pylon Signs: One pylon sign not to exceed one hun- dred (100) square feet in sign area which may be permitted to identify a sepa- rate business or uses in the industrial complex. The pylon sign structure shall not exceed twenty (20) feet in height. Pylon Signs shall be placed in a landscaped are or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of-way, side- walk or driveway. (d) Under Canopy Signs: For each use occupancy, one under canopy sign not exceeding four (4) square foot shall be permitted. (e) Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height (2) Signs Specifically Permitted for Uses Not in an Industrial Complex: (a) Wall Signs: One wall sign is permitted for each wall face of the establish- ment provided there are not more than four (4) wall signs for any one business. Any commercial messages on such signs must qualify as onsite. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. Wall signs shall not occupy more than seventy percent (70%) of the storefront or unit width. Sign copy for all wall signs shall be individual channel letters of a maxi- mum of twenty-four (24) inches in height. If the sign contains a logo, said logo shall be a maximum of thir- ty- six (36) inches in height. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area. The mon- ument sign structural shall not exceed six (6) feet in height. Monument signs shall be placed in a land- scaped area or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of- way, sidewalk or driveway. If such sign displays a com- mercial message, it must qualify as onsite. (c) Pylon Signs: One pylon sign not to exceed seventy five (75) square feet in sign area. The pylon sign struc- ture shall not exceed twenty (20) feet in height. Pylon signs for individual estab- lishments which are not located within an industrial complex shall be subject to the approval of a sign per- mit by the Planning Commission, and shall require the applicant to demonstrate that the spe- cific land use necessitates a pylon sign for visibility; in considering such an appli- cation, the Planning Commission shall consider only the non -communica- tive aspects of the pro- posed sign. Pylon signs shall be placed in a land- scaped area or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of- way, sidewalk or driveway. (d) Directional Sigrs: A maximum of two on-site directional signs per drive approach each not to exceed a total o1 ten (10) square feet in area and four feet in height. 17.61.110 SIGNS IN THE GENERAL COMMERCIAL ZONE ne stanoaras and provi- sions contained in this sec- tion shall be applicable to the C -N (Commercial Neighborhood), C -G, (Commercial General) and C -HS (Commercial Highway Service) Zones, but not including properties with these zoning designa- tions, which are located in the "Special Commercial Areas” as set forth in Section 17.61.115 of this Chapter. A Permitted Signs in the C- N, C -G and C -HS Zones Within a Commercial Complex Shall Include: (1) Wall Signs: One wall sign is permitted for each wall face of the establish- ment provided there are not more than four (4) wall signs for any one establish- ment. If used to display a commercial message, the sign must qualify as onsite. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. Wall signs shall not occupy more than sev- enty percent (70%) of the storefront or unit width. If the sign contains a logo, said logo shall be a maxi- mum of thirty-six (36) Inches in height a wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted. In no case shall it be more than thirty (30) inches above the roof line. (2) Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area which may be permitted to identify sep- afete ::establishments Lr uses in the commercial complex. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one frontage and the signs are located at least three hundred (300) feet apart. Monument signs shall be placed in a landscaped area or planter of not less than two -hundred fifty (250) square feet. Monument signs shall be located a minimum of five (5) feet from any right-of-way, side- walk or driveway. (3) Pylon Signs: One pylon sign not to exceed one hun- dred (100) square feet in sign area will be permitted to identify a separate busi- ness or uses in the com- mercial complex. The pylon sign structure shall not exceed twenty (20) feet in height. For each secondary street frontage with at least three hundred (300) feet of length, one additional pylon sign may be permitted not to exceed one hundred (100) square feet in sign area and shall not exceed twenty (20) feet in height. When such a sign is used to display a commercial mes- sage, it must qualify as onsite. (a) Where pylon signs are placed on both major and secondary street frontages, each such sign shall be placed as near to the mid- dle of the street frontage as practical or at a major drive- way entrance to the com- mercial complex from the street frontage. (b) Pylon signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet. Pylon signs shall be a minimum 01 five (5) feet from any right-of- way, sidewalk or driveway. (c) A maximum of three (3) signs may be used to iden- tify any one establishment pursuant to the criteria out- lined in this section. (4) Service and Delivery Signs: One unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. (5) Directional Signs: A maximum of two on-site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height. (6) Window Signs: Window signs conforming to the pro- visions of r 'Section 17.61.025.A(1), (16). .(7) Under Canopy Signs: For each use or occupancy, one maximum four (4) foot under canopy sign per frontage. B. Permitted Signs in the C- N, C -G and C -HS Zones for Uses Not Part of a Commercial Complex Shall Include: (1) Wall Signs: One wall sign is permitted for each wall face of the establish- ment provided there are not more than four (4) wall signs for any one establish- ment. If such sign is used for a commercial message, it must qualify as onsite. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or build- ing's primary frontage and shall not exceed one hun- dred (100) square feet per sign. Wall signs shall not occupy more than seventy percent (70%) of the store- front or unit width. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mount- ed. In no case shall it be more than thirty (30) inches above the roof line. (2) Service and Delivery Signs: One unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. (3) Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet m area and four (4) feet in height. (4) Window Signs: Window signs conforming to the pro- visions of Section (i) The elevation of the tree - 17.61.025.A(1), (16) way in relation to the eleva- (5) Under Canopy Signs: tion of the abutting proper - For each use or occupancy, ties justifies the height one maximum four (4) foot requested, and is the mini - under canopy sign per mum necessary. frontage. (ii) The number and spacing (6) Exceptions: Certain of freeway signs will not exceptions to the sign stan- cause unnecessary confu- dards applicable to com- sion, clutter or other mercial uses not located unsightliness in the general within a commercial com- location. plex may be approved by (iii) The use identified, as the Planning Commission well as its type, size and including the election of intensity, justifies the size, freestanding sign(s) when design and location of the the following findings can sign requested. be made by the Planning (iv) The needs of the travel - Commission, without con- ing public for identification sideration of proposed mes- and directional information sage content (other than justifies the sign requested. the onsite / offsite distinc- D. Automobile Service tion in the case of commer- Station Signs. cial messages): Automobile (a) The site is subject to lim- service station signs shall ited visibility and additional be permitted subject to the signing is necessary for a following requirements: reasonable level of adver- (1) Identification/Price Using exposure; • Monument Sign: For each (b) The type of establish- service station, one monu- ment or the configuration of ment, combination price the site necessitates addi- and identification sign, max- tional signage. imum thirty (30) square feet (c) Exceptions shall be in size and maximum six (6) processed through the sign feet in overall height shall permit and minor variance be permitted, and must process provided for in the include all price advertising Zoning Ordinance. as required by State law. C. Freeway -Facing Signs - Elevated signs ynay be Permitted in the C -N, C -G used subject to approval of and C -HS Zones Subject to the Planning Commission the Following (without consideration of Requirements. message content) where (1) The maximum allow- vision impairments exists, able sign face area of any however elevated signs freeway -facing sign for a shall be designed with shopping center or com- appropriate vision spaces. m'6rCiah 'eoml3iek•"W►+i- Such signs shall not exceed totals more than 250,000 fifteen (15) feet in overall square feet of gross floor height. area shall be three hundred (2) identification Pylon Sign: (300) square feet and shall For service stations located not exceed sixty (60) feet in height. When such display area is use 1 for commercial speech, the copy must qualify as onsite as to the shopping center or com- mercial complex. (2) The maximum allowable sign face area of any free- way -facing sign for a shop- ping center or commercial complex which totals less than 250,000 square feet of gross floor area shall be one hundred fifty (150) square feet and shall not exceed sixty (60) feet in height. (3) Freeway -facing signs, including freeway -facing electronic message signs, may only be permitted sub- ject to the approval of a sign permit by the Planning Commission. Freeway -fac- ing signs will be permitted when they satisfy all of these criteria: (a) The proposed sign is located upon the property upon which the use identi- fied is located; (b) The proposed sign is located in the vicinity of a freeway interchange and within three hundred (300) feet of the freeway right-of- way and six hundred (600) feet of the intersecting street right-of-way; (c) The following findings must be made, without con- sideration of message con- tent of the proposed sign: contiguous to a freeway, where a freeway exit serves the street from which the service station takes direct access, in addition to the identification/price monu- ment sign allowed by para- graph (1) above, one pylon sign, maximum one hun- dred (100) square feet in size and forty (40) feet in overall height, situated so as to be directed toward and permanently viewable from the freeway, shall be permitted. (3) Special Service Signs: Each service station may display two special service signs per pump island. Special service signs shall be limited to such items as self serve, full serve, air, water, cashier, and shall be non -illuminated. Such signs must be permanently affixed to the pump island they identify. Each sign may not exceed four (4) square feet in overall size. (4) Wall Signs: Wall signs for automobile service sta- tions shall be permitted subject to the provisions set forth in Section 17.61.110.A (1) and (16). (5) Directional Signs: maxi- mum of two on-site direc- tional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height. (6) Window Signs: window signs conforming to the pro- visions of Section 17.61.025.A(1) and (16). E. Theater Marquee Signs. Theater marquee signs shall be permitted subject to the following requirements: (1) The size of a theater marquee sign shall be determined by the number of screens. Each screen shall be permitted a maxi- mum of ten (10) square feet for each sign face area. A theater marquee sign may not total more than one hundred (100) square feet of sign face area. (2) A maximum of one the- ater marquee sign, not to exceed twenty-five (25) feet in height, is permitted per street frontage exclusive of freeway; provided, howev- er, that the theater is part of an integrated shopping cen- ter. (3) A maximum of one the- ater marquee sign, not to exceed twenty-five (25) feet in height, shall be permitted for theaters not considered to be part of an integrated shopping center. (4) A maximum of one wall - mounted theater marquee sign shall be permitted at the main entrance to the theater. F. Electronic Message Signs. Electronic mes- sage signs shall be permit- ted subject to the following requirements: (1) One electronic message sign may be permitted in a commercial complex with a minimum of 25,000 square feet of floor area. No elec- tronic message sign shall be located closer than 2,500 feet to another elec- tronic message sign. A con ditional use permit shall b3 required whereby the Planning Commission will determine the size and height of the sign. (2) Each display shall appear for a period of at least eight seconds. Displays shall not be ani- mated, appear in incremen- tal stages or move across the changeable copy sign face. The sign shall remain blank (no' message or dis- play) for at least one sec- ond between separate images. (3) The sign may display only noncommercial mes- sages or onsite commercial messages, related to those establishments which are part of the complex or the merchandise or activities available on the parcels which are part of the corn- mercial complex. The sign shall not be used as a bill- board. (4) The sign shall be reviewed for traffic safety purposes by the City's Public Works Director and shall comply with any and all safety standards as pre- scribed by the State 01 California. Such reviews shall not consider message content. 17.61.115 - SIGN REGU- LATIONS - SPECIAL COM- MERCIAL AREAS Certain commercial areas within Beaumont are of a unique character due to his- toric, land use, parcelization and circulation considera- tions. These areas, which contain C -G (Commercial - General), C -N (C o m m e r c i a l - Neighborhood) and C -HS (Commercial - Highway Service) Zoning Districts, shall be subject to differing criteria as compared to other commercial areas in the City, as set forth within this section. A. Antique Village District Area. This area consists of prop- erties fronting on the north side of Sixth Street between Magnolia Avenue and Veile Avenue, on the south side of Sixth Street Between Euclid Avenue and Veile Avenue, and on the east and west sides of Beaumont Avenue between Sixth Street and Seventh Street. (1) Within this special dis- trict, signs are permitted for commercial complexes as follows: (a) Wall Signs: One wall sign is permitted for each wall face of the establish- ment provided there are not more than four (4) wall signs for any one establish- ment. If used for commer- cial messages, the mes- sage must qualify as onsite. Irt no case shall the total sign area of any unit or building exceed three quar- ters (3/4) square foot of sign area for each linear foot of the unit's or building's pri- mary frontage and shall not exceed seventy-five (75) square feet per sign. Wall signs shall not occupy more than sixty percent (60%) of the storefront or unit width. Painted wall signs are per- mitted when determined to be compatible with the architectural character of the building and area. If the sign contains a logo, said logo shall be a maximum of thirty-six (36) inches in height. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area which may be permitted to identify sep- arate establishments or uses in the commercial complex, or for noncom- mercial messages. The monument sign structure shall not exceed six (6) feet in height. One additional monument sign may be per- mitted on parcels having more than one frontage and the signs are located at least two hundred (200) feet apart. (c) Pylon Signs: Pylon signs not to exceed seventy-five (75) square feet in sign area which may be permitted to identify separate establish- ments or uses in the com- mercial complex, subject to approval of a sign permit by the Planning Commission. In consideration of pylon signs in this area the Planning Commission shall consider the need for com- patibility and appropriate- ness of such signage at the proposed location, but shall not consider the message content of the proposed sign, other than the onsite / offsite distinction for com- mercial messages. (d) Monument and pylon signs shall be placed in a landscaped area or planter of not less than two hun- dred fifty (250) square feet. Monument and pylon signs shall be a minimum of five (5) feet from any right-of- way, sidewalk or driveway. (e) Service and delivery signs, limited to one unlight- ed sign per occupancy not to exceed two (2) square feet, may' be'placed on the rear of the building'for sery ice and delivery purpo ' (f) Directional signs: a max- imum of two on-site direc- tional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. (g) Window signs: window signs conforming to the pro- visions of Section 17.61.025.A(1) and (16). (h) Under canopy signs: For each use or occupancy, one maximum four (4) square loot identification under canopy sign per frontage. (1) Internally or back -lit fluo- rescent signs shall not be 'permitted in the Antique Village District Area. (2) Permitted signs for uses not part of a commercial complex shall include: (a) Wall signs: One wall sign is permitted for each wall face of the establish- ment provided there are not more than four (4) wall signs for any one establish- ment. Any such sign used for commercial messages must qualify as onsite. In no case shall the total sign area of any unit or building exceed three quarters (3/4) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed seventy-five (75) square feet per sign. Wall signs shall not occupy more than sixty percent (60%) of the storefront or unit width. Painted wall signs are per- mitted when determined by the Director, without consid- eration of message content, to be compatible with the architectural character of the building and area. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mount- ed. In no case shall it be more than thirty (30) inches above the roof line. (b) Service and delivery signs: one unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. (c) Directional signs: a max- imum of two on-site direc- tional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. (d) Window signs conform- ing to the provisions of Section 17.61.025.A(1) and (16). (e) Under canopy signs: For each use or occupancy, one maximum four (4) foot iden- tification under canopy sign per frontage. (3) Automobile service sta- tions signs shall be permit- ted subject to the following requirements: (a) Identification / price monument sign: for each service station, one monu- ment, combination price and identification sign, max- imum thirty (30) square feet in size and maximum six (6) feet in overall height shall be permitted, and must include all price advertising as required by State law. (b) Special service signs: each service station may display two special service signs per pump island. Special service signs shall be limited to such items as self serve, full serve, air, water, cashier, and shall be non- illuminated. Such signs must be permanently affixed to the pump island they identify. Each sign may not exceed four (4) square feet in overall size. (c) Wall signs for automo- bile service stations shall be permitted subject to the pro- visions set forth in Section 17.61.110.B.(1) and (16). (4) Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. (5) Window Signs: Window signs conforming to the pro- visions of Section 17.61.025.A.(1) and (16). B. Beaumont Avenue Corridor Properties fronting on both sides of Beaumont Avenue between Seventh Street and Fourteenth Street are allowed signs as follows: (1) Permitted signs for commercial complexes shall Include: (a) Wall Signs: One wall sign is permitted for each wall face of the establish- ment provided there are not more than four (4) wall signs for any one business. If used to display a com- mercial message, the sign must qualify as onsite. In no case shall the total sign area of any unit or building exceed three quarters (3/4) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed seventy-five (75) square feet per sign. Wall signs shall not occupy more than sixty percent (60%) of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area which may be permitted to identify sep- arate businesses or uses in the commercial complex. The monument sign struc- ture shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one frontage and the signs are located at least two hundred (200) feet apart. Monument signs shall be located in a land- scaped planter of not less than two hundred fifty (250) 'Square ft t M s iVi e'a' minimum of five (5) feet from any right -of- way, side- walk or driveway. (c) Service and Delivery Signs: One unlighted sign per occupancy not to exceed two (2) square feet 'may be placed on the rear of the building for service and delivery purposes. (d) Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feat in height. (e) Window Signs conform- ing to the provisions of Sect ion 17.61.025.A.(1)(16). (f) Under Canopy Signs: For each use or occupancy, one maximum four (4) square foot under canopy sign per frontage. (2) Permitted signs for uses not part of a commercial complex shall include: (a) Wall Signs: One wall sign is permitted for each wall face of the establish- ment provided there are not more than four (4) wall signs for any one business. If used to display a com- mercial message, the sign must qualify as onsite. In no case shall the total sign area of any unit or building exceed three-quarters (3/4) of one square foot of sign area for each linear foot of the unit's or building's pri- mary frontage and shall not exceed seventy-five (75) square feet per sign. Wall signs shall not occupy more than sixty percent (60%) of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Sign: One monument sign not to exceed thirty (30) square feet in sign area which may be permitted to identify an establishment. The monu- ment sign structure shall not exceed six (6) feet in height. Additional monu- ment signs shall be located in a landscaped area or planter of not less than two hundred fifty (250) feet and shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway. (c) Service and Delivery Signs: One unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. (d) Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four feet in height. (e) Window Signs conform- ing to the provisions of Section 17.61.025.A.(1) and (16). (f) Under Canopy Signs: For each use or occupancy, one maximum four (4)' square foot identification under canopy sign per frontage. 17.61.125 SIGN REGULA- TIONS - SPECIFIC PLAN AREA ZONE A. Permitted Signs in the Specific Plan Area (SP) Zone — Exempt Signs. The SPA Zone permits a variety of residential and supporting commercial and other supporting land uses. Signs which may be erect- ed without permits as pro- vided for in Section 17.61.025 of this Chapter are permitted in the SPA Zone consistent with the respective land use. B. Signs Subject to Permits: Provisions and standards for signs shall be estab- lished within a specific plan for land uses contained therein. The specific plan shall establish a project - wide sign program and shall make provisions for the development and review of Uniform Sign Programs consistent with Section 17.61.020.L of this Chapter for each non-residential land use component of the specific plan. 17.61.200 SIGN DESIGN STANDARDS. The design standards set forth in this section apply to all signs in the City of Beaumont. A. Relationship to Other Signs. Where there is more than one monument sign located upon a lot, all such signs shall have designs which are well related to each other by the similar treatment or incorporated of not less than four of the fol- lowing six design elements: (1) Type of construction materials as used in the several sign components (such as cabinet, sign copy, supports); (2) Letter style of sign copy; (3) Illumination; (4) Type or method used for supports, uprights or struc- ture on which sign is sup• ported; (5) Sign cabinet or other configuration of sign area; (6) Shape of entire sign and its several components. B. Landscaping: Each mon- ument sign shall be located in a planted landscaped area which is of a shape, design and size (equal to at least the sign area) that will provide a compatible setting and ground definition to the sign. The planted land- scaped area shall be main- tained on a reasonable and regular basis. C. Illumination and Motion. Monument signs shall be non- moving stationary structures •(in all compo- nents) and illumination, it any, shall be maintained by artificial light which is sta- tionary and constant in ihtensity' and dolor at all times (non- fleshing). D. Sign Color. Sign colors should be compatible with the building architecture. Within shopping centers, Sign color should comple- ment the color scheme for .the center. This provision does not apply to noncom- mercial messages dis- played on signs. E. Special Commercial Areas. Signs proposed within the special commer- cial areas identified in this Chapter shall be subject to detailed design review by the Planning Director and/or Planning Commission for the purpose of ensuring consistency and compatibil- ity with the respective area. Such review shall be per- formed in conjunction with the processing of permit applications as set forth in this Chapter. However, such analysis shall not consider the message content of the proposed sign. Publish The Record Gazette No. 58 2/13, 2004 CHAPTER 17.61 SIGN REGULATIONS Sections: 17.61.005 Purpose and Intent; Authority 17.61.007 Objectives 17.61.008 Basic Policies 17.61.010 Categorization of Signs 17.61.015 Definitions 17.61.020 Administration, Permits and Appeals 17.61.025 General Provisions 17.61.050 Signs Permitted in All Zones 17.61.100 Signs in Open Space, Residential and Agricultural Zones 17.61.105 Signs in Manufacturing Zones 17.61.110 Signs in General Commercial Zone 17.61.115 Signs in Special Commercial Areas 17.61.120 Sign Regulations for Planned Unit Development Zone 17.61.125 Sign Regulations for Specific Plan Area Zone 17.61.200 Design Standards for Signs Chart Major Permitted Sign Types 17.61.005 PURPOSE, NEEDS AND GOALS, INTERESTS SERVED. A. Purpose. It is the purpose of this Chapter to make the City attractive to residents, visitors and commercial, industrial and professional businesses while maintaining economic stability and vitality through an attractive signing program. -1- B. Recognition of Needs; Goals. The City recognizes the need for signs as a means to identify businesses and other necessary and beneficial activities within the community. The City finds that signing is an important design element of the physical environment. Provisions consistent with the goals and objectives of the community are necessary to ensure that the special character and image the community is striving for can be attained while serving business and other needs in the community. The City is striving to provide an economically stable and visually attractive community through high quality site planning, building designs, landscaping and signing. As a planned architectural feature, a sign can be pleasing and can harmonize with the physical character of its environment. Proper controls can achieve this goal and will make the City a more attractive place to live, work and shop. C. Interests Served. The City enacts this chapter to serve many important governmental, city and community interests, which include but are not limited to: community esthetics and the promotion of the visual appeal of the city, promotion of economic activity, the promotion of safety for motorists and pedestrians. D. Authority. The City enacts this Chapter pursuant to the authority granted by the State Legislature and codified as Government Code section 65850. 17.61.007 OBJECTIVES. The objectives of this chapter are: A. To allow for signage which is effective to direct persons to various activities and enterprises, in order to provide for public convenience; B. To provide a reasonable system of controls for signs, to ensure the development of a high quality visual and functional environment. C. To encourage signs which are well designed and pleasing in appearance; D. To encourage a desirable urban character which has a minimum of overhead clutter; E. To enhance the economic value of the community and each area thereof by reasonably limiting the size, number, location, design and illumination of signs; -2- F. To encourage signs which are compatible with on-site and adjacent land uses; G. To help facilitate the establishment of identifiable special areas and enclaves in the community and to enhance important historic elements in such areas; H. To preclude potential traffic and safety hazards through good signing; I. To protect the general public health, safety and welfare of the community. J. To regulate signs in a manner consistent with the General Plan. K. To regulate signs in a manner consistent with the free speech rights guaranteed by the First Amendment to the United States Constitution and the liberty of speech and related provisions of the California Constitution. 17.61.008 BASIC POLICIES. The policies stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary. A. Enforcement Authority. The Director of Planning is authorized and directed to enforce the provisions of this Chapter. The Director may designate one or more representatives of the department to implement the provisions of this Chapter. B. Permits - When Required. No sign may be constructed, mounted, or displayed in the City unless the same is duly permitted pursuant to this Chapter, or is exempt from permitting, either pursuant to this Chapter or by other applicable law. In addition to the requirements of this Chapter, all signs constructed, mounted or displayed within the City must also satisfy all applicable safety codes (building, electrical, plumbing, grading, etc.) and all applicable requirements of other bodies of law. C. Message Neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. -3- D. Message Substitution Policy. Subject to the land owner's consent, any noncommercial message may be substituted, in whole or in part, for any duly permitted or allowed 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. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or any favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel; it does not allow the substitution of an offsite commercial message in place of an onsite commercial message, and it does not affect the requirement that a sign structure or mounting device be properly permitted. E. Regulatory Interpretations. All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy and message substitution policy. Where a particular type of sign is proposed in a permit application, 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 California Building 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. F. Rules for Non -Communicative Aspects of Signs. All rules and regulations concerning the non -communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process. G. Billboard Policy. The City Council finds that the City already has a sufficient number of billboards to satisfy the community's needs for offsite commercial messages, and that any new or additional billboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely prohibits the construction, erection or use of any billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted. The City adopts this policy pursuant to California Government Code section 65850, and California Business and Professions Code sections 5354(a) and 5408.3 (both effective January 1, 2003). No permit shall be issued for any billboard which violates this policy, and the City will take -4- immediate abatement action against any billboard constructed or maintained in violation of this policy. 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 California Business and Professions Code section 5412. H. Mixed or Multiple Use Zones. In any zone where both residential and non-residential uses are allowed, whether such zones are now existing or created in the future, the signage rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential use where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process. I. Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property. J. Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and travel with 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 Chapter), or the ownership of sign structures. K. Preservation of Existing Rights and Duties. This Chapter does not abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this Chapter. L. Sign Programs. Sign programs for specific developments, as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated herein as to sign size, height, illumination, -5- spacing, orientation or other noncommunicative aspects of signs, but may not override or modify any of these Basic Policies. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. M. 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. 17.61.010 CATEGORIZATION OF SIGNS. For purposes of this Chapter, signs within the City shall be classified in one or more of the following categories: A. Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any 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. B. Announcement or Bulletin Board Sign. Signs, permanent in character, designed and constructed to accept changeable copy, handbills, posters and other temporary materials of a similar nature. C. Awning Sign. A sign painted or printed on the exterior surface of and awning. An alternative to a wall sign, permitted as same. D. Banner. A fabric or fabric -like material on which an advertising message is painted or otherwise affixed. E. Billboard. A permanent structure sign used for the display of offsite commercial messages. F. Construction Sign. A sign mounted on the site of a construction or remodeling project, for which a building permit is required and has been issued, displayed during the time period beginning with the issuance of the building permit and ending with the earliest of any of the following: expiration of the building permit, issuance of a certificate of occupancy, certificate of completion, final inspection, -6- or the functional equivalent of any of them. G. Directional Sign. A sign which provides directional information for drivers, pedestrians, and travelers. H. Electronic Message Sign. A sign with the capability of presenting variable message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. I. Flag. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which displays visual images or symbols, typically those of governments, religions, causes, or organizations. J. Flashing Signs. Lighted signs which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights. This definition includes beacons, searchlights, and klieg lights only when they are used for commercial purposes. K. Monument Sign. A sign with an overall height of six (6) feet or less, standing directly on the ground or on a base where the supporting poles or structures, if any, are covered from public view. L. Nameplate. Signs identifying the occupant of the premises, the business and/or address. M. Off-site sign. A sign which advertises or informs in any manner businesses, services, goods, persons or events at some location other than that upon which the sign is located. The onsite / offsite distinction applies only to commercial messages. N. Painted sign. A sign painted or mounted on the exterior surface of a building or structure. O. Pennant. A display device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used primarily to attract attention of passersby. P. Pole or Pylon Sign. A sign with an overall height exceeding six feet and supported by one or more poles or pylons attached directly into or upon the ground. Q. Portable Sign. A sign designed and constructed so as to be easily moved. Such signs are usually not to a building or anchored to the ground. Common types -7- include "A" frame signs, sandwich board signs, and sidewalk signs. R. Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways. S. Projecting Sign. A sign which is suspended from or supported by a building or wall and which projects outward from such building or wall a distance of twelve inches or more. Contrast: wall sign. T. Real Estate Sign. A sign which displays information regarding an economic exchange of which land or improvements thereon is the subject. Such signs are usually temporary in physical structure and display messages such as "for sale," "for rent," etc. A sign which announces vacancies at hotels, motels, and other places of short term accommodation are not within this definition. U. Revolving Sign. A sign or a portion thereof, which rotates or revolves. V. Roof Sign. A sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure. W. Temporary Sign. A sign which, by virtue of its lightweight or flimsy construction, is not suitable for long term display. Common temporary signs include banners, pennant valances, streamers, advertising balloon, inflated or air activated advertising devices, search lights, beacons, moving stuffed animals, or advertising displays constructed of cloth, canvas, light fabric, plastic, paper, cardboard, wallboard, wood or other light or similar materials used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, vehicle or other object. X. Under Canopy Sign. A sign attached to the underside of a projecting canopy perpendicular to the building frontage, commonly used for identifying the land use at that location. Y. Vehicle Signs. Signs on or affixed to trucks, vans, automobiles, trailers, or other vehicles which advertise or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise or rendering of service from such vehicles. Z. Wall Sign. A sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane approximately parallel to the plane of the wall and which projects not more than twelve inches from the building or structure wall. Contrast: projecting sign. -8- AA. Window Sian. A sign painted, attached, glued or otherwise affixed to a window, which is easily visible from the exterior of the building. 17.61.015 DEFINITIONS For purposes of this Chapter, the following words and phrases have the meanings stated in this section. A. Administrator. Same as Director. B. Advertising Structure. A structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which any poster bill, printing, painting or other advertisement of any kind whatsoever may be placed for advertising purposes. C. Area of Sign. The area of a sign shall include the entire area within a series of rectangles (maximum four per visual plane) whose outermost borders are defined by the outermost extent of any writing, representation, emblem, figure, character or separate sign surface. When letters comprising a sign message are placed on a background or field which is different in color or materials from the architectural features of the building on which the sign is mounted, the sign area shall be calculated as the entire area comprising the overall sign feature. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign. D. Awning. Either a fabric covered appendage or a temporary collapsible shelter of noncombustible materials supported entirely from the exterior wall of a building and used to create shade. Such a device is considered a sign only when it is also used to display an image or message. E. Canopy. A fixed overhead shelter used as a roof, which may or may not be attached to a building. Such a device is also a sign only when it is also used to display an image or message. F. Changeable Copy. Sign display copy which may be changed without altering the physical structure or mounting device of the sign itself. G. Commercial Complex. Any group of three (3) or more commercial uses on a parcel or combination of contiguous parcels which are generally served either by -9- common access or common parking, or a large single commercial use occupying at least two and one-half (2' 'A) acres with a minimum of 200 feet of street frontage. H. Commercial message. A message displayed on a sign which primarily concerns business, commercial or economic interests, or which proposes an economic transaction. Commercial messages may be onsite or offsite; however, the onsite / offsite distinction applies only to commercial messages. I. Development. A building wherein two or more separate independently owned or operated establishments are located. J. Director. The City's Planning Director. K. Establishment. Any non-residential use of land involving permanent structures or buildings. L. Face of Building. The wall of a building, excluding any appurtenances, such as projecting fins, columns, pilasters, canopies, marquees, showcases of decorations, but including any required parapet wall. M. Frontage. The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, railroad or freeway. N. Frontage of the Parcel. On a lot with more than one frontage on a public street, the front footage of the parcel shall be determined by the measurement of the larger or largest frontage on a public street. O. Height of a sign. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially alter the height of a sign. P. Hospital or Medical Center Complex. Any group of medical or hospital buildings under single ownership on a parcel or combination of parcels that contain a minimum of twenty (20) acres or more. Q. Industrial Complex. Any group of three (3) or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least one hundred thousand (100,000) square feet of floor area. R. Landscaped Planter. An area specifically designated for plant materials which may be at, below or above grade. -10- S. Line of Sight. The point of visibility from the street to an object, e.g., sign. The longer the line of sight, the further the sign is visible from the street. T. Luminous sign. A sign that emits light. U. Mansard Roof. A sloped, decorative roof element attached to the face of a building wall. V. Noncommercial message. A message or image displayed on a sign which concerns matters not included within the definition of commercial message. Noncommercial messages typically consist of expressions on the topics of politics, religion, philosophy, morals, and public controversies. The onsite / offsite distinction applies only to commercial messages. W. Offsite or off -premises sign. A sign whose message does not pertain or relate to the premises upon which the sign structure is mounted or constructed. The onsite / offsite distinction applies only to commercial messages. X. Onsite or on -premise. As pertaining to signs, a message which concerns or relates to the same premises as that upon which the sign is mounted or displayed. The onsite / offsite distinction applies only to commercial messages. Y. Office Complex. Any group of three or more office uses on a parcel or combination of parcels which are generally served either by common access or common parking. Z. Primary Street Frontage. The street frontage from which the majority of the pedestrian or vehicular traffic is drawn or toward which the building or buildings are oriented for primary visual impact. Each commercial complex or shopping center shall be allowed to designate only one primary street frontage. Where no single street frontage can be identified as the primary street frontage, or in cases of dispute as to which street frontage is the primary street frontage, the Planning Director shall designate the primary street frontage in conjunction with the review of proposed signs. AA. Secondary Street Frontage. A street frontage other than a primary street frontage. BB. Shopping Center. Same as commercial complex. CC. Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the -11- interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of "sign" for regulatory purposes of this Chapter: 1. 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, provided the building or enclosed structure is otherwise legal; 2. Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts); 3. 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; 4. Personal appearance: Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots); 5. 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; 6. Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter; 7. Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City; 8. Certain insignia on vehicles and vessels: On 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) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel; 9. Gravestones or grave markers. 10. Newsracks and newsstands DD. Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display. -12- EE. Window Area. The total area of a window upon which signs, images or messages may be mounted. A group of window panes or panels can be considered one window if they are adjoining on the building face and are less than six (6) inches apart. 17.61.020 ADMINISTRATION, PERMITS AND APPEALS A. Sign Permit Required. A sign permit shall be required prior to the placing, erecting, moving or reconstructing of any sign in the City, unless the subject sign is expressly exempted from the permit requirement by this Chapter or other applicable law. Signs requiring a permit shall comply with the provisions of this Chapter and all other applicable laws and ordinances. B. Permit - Method of Application. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees or bonds as specified by City Council resolution. C. Permit Application - Contents. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Three copies of the plans, fully dimensioned, shall be filed with the application, including: 1. Plot plan, fully dimensioned, showing location of all buildings and improvements and the location of each proposed sign together with the location, size and height of all existing signs on the premises/site. The street frontage shall be clearly indicated on the plan. 2. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building. 3. Structural details and circulations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five square feet and the height of the sign exceeds six feet. 4. A statement by the owner of the proposed sign as to whether the sign is to display commercial or noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be onsite or offsite. -13- D. Purpose and Method of Review. The purpose of a permit is to ensure compliance with the provisions of this Chapter. After receipt of a complete sign application, the Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within fifteen working days. Unless the applicant waives time, failure of the Director to issue a written decision within fifteen working days shall constitute denial of the application. Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those requirements shall not be based upon the proposed message content, sign copy, or design of the visual display of the sign. E. Appeals. All sign permit applications shall be initially reviewed by the Director. When the Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the City Council. Appeal is effected by filing a written notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the City Council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence, and render a written decision within thirty days. In the cases of appeal to the Planning Commission and the City Council, the hearing must follow normal procedures for agendizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the city does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the city could have issued a decision. F. Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure section 1094.8. G. Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial. H. Revocation or Cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and / or the terms or conditions of any permit, after written notice of noncompliance and at least fifteen (15) days opportunity to cure. -14- Permits Issued in Error. Any approval or permit issued in error may be summarily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation. J. Interpretation of Provisions. Whenever the application of this Chapter is uncertain, the Director may refer the matter to the Planning Commission for determination. All interpretations are to be made in light of the Basic Policies section of this Chapter. K. Variances. Applications for a variance from the terms of this Chapter shall be reviewed by the Planning Commission according to the variance procedures set forth in the Zoning Ordinance; however, variances shall be considered without reference to the proposed content, copy, or message of the proposed sign (other than the onsite / offsite distinction for commercial messages). L. Uniform Sign Program. All applications for approval of signs in a shopping center, commercial, industrial or office complex, a group of three (3) or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of Uniform Sign Program accompanied by sketches and drawings to scale and dimensions showing details of construction, including connections and electrical plans, if any, and shall delineate the typical size, shape, design, material, coloring, lettering, lighting and position of the signage in relationship to the building form or place where it will be displayed. Scaled sketches of existing signs on the premises shall accompany the application. (1) Motorists' line of sight. All sign locations shall be safe for traffic sight purposes. A sight distance study may be required with each monument or pylon sign being proposed in the Uniform Sign Program when located next to any right-of-way, sidewalk, driveway, or as designated by the Planning Director. (2) Program approval. All sign programs shall be filed and reviewed as provided in this Chapter. Such Uniform Sign Programs shall be developed in full compliance with the requirements of this Chapter. No sign shall be installed which does not conform to the approved Uniform Sign Program. -15- 17.61.025 GENERAL PROVISIONS A. Exempt signs. Subject to the qualifications and conditions stated in this section, the following signs are exempt from the application, permit and fee requirements of this Chapter. However, the exemption from the sign permit requirement does not exempt the proposed sign from safety code permitting, such as building, electrical, plumbing, grading permits, etc. (1) Permanent window signs not exceeding four (4) square feet and limited to business identification, hours of -operation, address and emergency information only; (2) Real estate signs not exceeding four (4) square feet in area of five (5) feet in height, maximum one sign per parcel or lot, provided it is unlit and is removed within fifteen (15) days after the close of escrow or the rental or lease has been accomplished; Contractor or construction signs: One sign shall be permitted on a construction or remodeling site. The sign may not exceed thirty-two (32) square feet unless a larger sign is required by another body of law, in which case the smallest sign conforming to the law shall be used. The construction sign may not exceed eight (8) feet in overall height, and shall be set back from the property line by at least (10) feet. Construction signs must be removed at the earliest of: issuance of certificate of occupancy, certificate of completion, or final inspection checkoff, or their functional equivalent. (4) Future tenant identification sign: Future tenant identification signs may be placed on vacant or developing property to advertise the future use of the property and where this information may be obtained. Such sign shall be limited to one per street frontage and to a maximum of thirty-two (32) square feet in area and eight (8) feet in overall height for parcels containing ten (10) acres or less. For parcels greater than ten acres, one sign is permitted for every six hundred (600) feet of street frontage and is limited to sixty-four (64) square feet in area per side and fifteen (15) feet in overall height. Such signs may also be placed along the freeway at one thousand (1000) foot intervals, not to exceed one hundred fifty (150) square feet in area per side and twenty (20) feet in overall height. Further, such signs shall be placed no less than en (10) feet from any property line. Any such sign shall be removed upon completion of such project; (3) -16- (5) Real estate signs on industrial, commercial or agricultural property: One sign per street frontage not to exceed thirty-two (32) square feet; no such sign shall exceed eight (8) feet in overall height and shall be set back from the property line at least ten (10) feet. Where a property has in excess of six hundred (600) lineal feet of frontage, one additional sign is permitted for each six hundred (600) lineal feet of street frontage. (6) Real estate signs on residential properties: one sign not exceeding 8 square feet in area per display face, not more than two display faces, maximum height five feet, setback from the property line - at least five feet. (7) Memorial tablets, plaques, or directional signs for community historical resources, installed by a recognized historical society or civic organization; (8) Directional signs not exceeding three (3) square feet in area; (9) Residential building identification signs used to identify individual residences and not exceeding two (2) square feet; (10) Official and legal notices issued by the court, public body, person or officer in performance of his public duty or in giving any legal notice; (11) Directional, warning, identification, or informational signs or structures required or authorized by law or by federal, State, County or City authority; (12) Flags. Flags on commercial, industrial or agricultural properties: maximum number of flags: four; maximum number of flag poles: two; maximum height of flag poles: 25 feet; maximum area of all flags combined: 100 square feet (measured one side only). Flags on residential properties: maximum number of flags: four; maximum number of flag poles: one; maximum height of flag pole: not higher than the top of the roof of the residential structure; maximum area of all flags combined: 60 square feet. No flags displaying commercial messages, images or symbols may be displayed in residential zones. (13) Signs of public utility companies, indicating danger or which serve as an aid to public safety or which show location of underground facilities or public telephones; (14) Safety signs on construction sites; (15) Political etc. Signs displaying political or other noncommercial messages may be displayed on private property in any zone at any time under the -17- message substitution policy of this Chapter. In residential zones and on legal residential uses, in addition to the flag allowance, temporary or permanent signs displaying political or other noncommercial messages may be displayed at any time, subject to: maximum number of signs: not limited; maximum size of any one size (measured one side only): eight square feet; maximum area of all signs combined: sixteen square feet; however, these limits on size, number and total area (but not height) may be doubled during the time period which commences 45 days before and ends 10 days after any general or special election. (16) Temporary window signs for any establishment in a commercial zone, and for commercial uses in industrial or industrial / business park zones when approved as part of a Uniform Sign Program, are allowed without permit subject to: (a) Maximum window sign: thirty (30) percent of the window area (on multi -story buildings, only the windows on the first floor may be counted), but in no event may window signs exceed one hundred fifty (150) square feet per street frontage. (b) The placement of the sign shall be located on the first floor only on multi -story buildings, and shall not exceed twenty (20) feet in height above finished grade on one- story buildings. (c) No temporary window sign shall be displayed continuously for more than thirty (30) days. (d) Paper signs which advertise "weekly specials" and similar signs which are rotated on a regular basis, shall have a fastening device for a more permanent look. (17) Residential garage or yard sale signs are allowed without permit subject to the following requirements: (a) A permit for the garage and yard sale shall be obtained prior to the erection of any signs for such event. (b) A maximum of three (3) signs are permitted. (c) Signs shall be limited to a maximum size of three (3) square feet each. (d) Signs shall only be placed on private property, and not in the public right-of-way or on utility poles. -18- B. C. (e) Signs shall only be erected on the day of the event as permitted and shall be removed at sunset each day. Prohibited Signs. The signs described in this subsection are prohibited, unless some other more specific provision in this Chapter or other applicable law makes them allowable, either by permit or exemption from the permit requirement. (1) Roof signs; (2) Flashing signs, except time and temperature signs; (3) Animated signs; (4) Revolving signs; (5) Portable signs; (6) Off-site commercial signs on permanent structures; (7) Signs on the public right-of-way, except where required by a governmental agency; (8) Signs blocking doors or fire escapes; (9) Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots; (10) Banners, flags, pennants and balloons, except for special events as provided for in this Chapter (11) Inflatable signs or signs designed to be air activated, floated or flown, including balloons used for commercial advertising purposes, kites or other serial signs that are made of any electrically conducive material. (12) Signs, posters, advertisements, etc., attached to utility poles, shall be prohibited. Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be permitted if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building. -19- D. Signs Related to Inoperative Establishments. Signs promoting activities or establishments which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within sixty (60) days after the premises has been vacated. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this Chapter. E. Enforcement, Penalties and Abatement. (1) Any violation of this Chapter shall be deemed to be a continuing violation until the violation has been corrected. (2) Violation of any of the provisions of this section shall constitute a nuisance and a Zoning ordinance violation. (3) Notwithstanding any other provision of this Chapter, the City Attorney, upon the direction of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign which is in violation of any of the provisions of this section. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees. (4) The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of the removal, storage and/or destruction and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees. (5) Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows: (a) If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section. -20- (b) The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with the Planning Department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the contentions why the sign should not be removed and destroyed. (c) If a request for hearing is filed, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than thirty (30) days thereafter. After the hearing, the Planning Commission shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the Planning Commission shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this Chapter, the decision of the Planning Commission shall become final ten (10) days after mailing. (d) The owner or other person entitled to possession may file a notice of appeal with the City Clerk within ten (10) days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than thirty (30) days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the City Council shall be rendered within ten (10) days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. The decision of the City Council becomes final ten (10) days after mailing. (e) Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the Planning Department, the City may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the Planning Commission or the City Council determining that the sign is an illegal sign within the public right-of- way, the City may remove and destroy the sign. Notwithstanding any provision of this Chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and (f) -21- stored by the City, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section. F. Construction and Maintenance of Signs. (1) Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable State, federal, and City regulations, the Uniform Building Code and the National Electrical Code. G. (2) Every sign and all parts, portions and materials shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmentioned or damaged portion of a sign shall be repaired or replaced within thirty days following notification by the City. Noncompliance with such a request will constitute a zoning violation and will be enforced as such. Flags. Commercial flags and banners are permitted in conjunction with an approved residential subdivision sales office or a commercial office, or an industrial leasing office. Such flags shall conform to the following provisions: (1) A maximum of six (6) may be used. (2) The flags or banners shall be no higher than fifteen (18) feet. (3) The flags or banners shall be displayed in the immediate vicinity of the sales/leasing office. In no case shall the flags be allowed within the public right-of-way. (4) In the case of a residential subdivision office, the flags may be maintained as long as a valid operating permit for the sales office remains in effect. In the case of a commercial office, or industrial leasing office, the flags may be maintained until seventy-five percent (75%) of the spaces have been leased. (5) (6) The maximum size of any one flag shall not exceed three fifteen square feet. All flags shall be maintained in good condition; torn or worn flags shall be replaced. -22- H. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be permitted if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building. Inoperative establishments. Signs pertaining to activities or businesses which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within sixty (60) days after the premises has been vacated. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this chapter. J. Enforcement, penalties and abatement. (1) any violation of the provisions of this section shall be deemed to be a continuing violation until the violation has been corrected. (2) violation of any of the provisions of this section shall constitute a nuisance and a zoning ordinance violation. notwithstanding any other provision of this section, the city attorney, upon the order of the city council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign which is in violation of any of the provisions of this section. In any such action, the city shall be entitled to recover its costs and its reasonable attorney's fees. (3) (4) the owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the city for the cost of the removal, storage and/or destruction and the city may recover the same through an action commenced in a court of competent jurisdiction together with the city's court costs and reasonable attorney's fees. any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the city as follows: (a) if the address of the owner or other person entitled to possession of the sign is known, notice of the city's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section. (5) -23- (b) the owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with the planning department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the contentions why the sign should not be removed and destroyed. (c) if a request for hearing is filed, the planning commission shall hear the matter at a regularly scheduled meeting held not more than thirty (30) days thereafter. After the hearing, the planning commission shall determine whether or not the sign is an illegal sign within the public right- of-way. The written decision of the planning commission shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this chapter, the decision of the planning commission shall become final ten (10) days after mailing. (d) the owner or other person entitled to possession may file a notice of appeal with the city clerk within ten (10) days after the date of mailing of the planning commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the city council at a regular meeting scheduled not more than thirty (30) days thereafter. After hearing, the city council shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the city council shall be rendered within ten (10) days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. The decision of the city council becomes final ten (10) days after mailing. (e) unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the planning department, the city may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the planning commission or the city council determining that the sign is an illegal sign within the public right-of-way, the city may remove and destroy the sign. notwithstanding any provision of this chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and stored by the city, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section. (f) -24- K. Construction and maintenance of signs. (1) Code compliance. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable state, federal, and city regulations, the uniform building code and the national electrical code. (2) Maintenance Every sign and all parts, portions and materials shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmentioned or damaged portion of a sign shall be repaired or replaced within thirty days following notification by the city. Noncompliance with such a request will constitute a zoning violation and will be enforced as such. L. Flags and banners on subdivision sales officers, etc. Flags and banners are permitted in conjunction with approved residential subdivision sales office or a commercial office, or an industrial leasing office. Such flags shall conform to the following provisions: A maximum of six (6) may be used; The flags or banners shall be no higher than fifteen (15) feet; The flags shall be displayed in the immediate vicinity of the sales/leasing office. In no case shall the flags be allowed within the public right-of-way; (4) In the case of a residential subdivision office, the flags can be maintained as long as a valid operating permit for the sales office has been granted. In the case of a commercial office, or industrial leasing office, the flags may be maintained until seventy-five percent (75%) of the spaces have been leased; (6) The maximum size of each flag or banner shall not exceed three (3) feet by five (5) feet and all shall be maintained in good condition. Torn or worn flags shall be replaced. 17.61.050 SIGNS PERMITTED IN ALL ZONES A. Permitted Signs—Generally. Sign permits shall be issued for signs included under this section, provided the signs are in compliance with the qualifications stated in this section, and all other applicable laws and ordinances. (5) -25- B. (1) Directional Signs. Private party directional signs shall be designed, constructed and m•unted so as to be viewed from on-site or from an area adjacent to the site by ped-strians or motorists while parking their automobile. (2) Private party directional signs may not contain commercial advertisi g material. (3) Private party directional signs are not be allowed within the public rig t -of -way. (4) private party directional signs shall not exceed four (4) square feet in area, per side. In the case of a ground sign, the overall height shall not excee• four (4) feet. C. Special Event Signs. Special event signs shall be permitted when they comply with the provision subsection. Such signs are permitted for a limited period of time in any zoni connection with a special temporary event, such as (by way of example an' limitation), grand openings, parades, marches, demonstrations, carnivals, f charitable events, special holiday season displays, etc., when such events all applicable laws. Applicants for a special event signs shall submit a letter director which describes the proposed event by location, area and time dur application shall be processed in the same manner, and subject to the sam procedures, as an application for a sign permit. Special event sign permits limited to the following provisions: No more than one special event sign shall be permitted per special sign shall be either a wall, window or ground sign, or may be in the banner or pennant. The special event sign shall be a maximum of fifty (50) square feet i (measured one side) and shall be posted below the roof or shall be than eight (8) feet in the case of a ground sign. Special event signs shall be limited to cumulative total of forty-five (4 calendar year. As to any one special event, the sign may be on displ than fourteen calendar days preceding the event, and not more than calendar days after the conclusion of the event. However, in the cas commercial events and promotional sales, the maximum display tim. single event is fifteen calendar days. -26- f of this g district in not stivals, omply with to the tion. The appellate hall be vent; such rm of a area o higher •) days per y not more three of special for any E. Permitted Signs—On-site Subdivision Signs. Onsite subdivisions may display signs which conform to the following: (1) One temporary on-site subdivision sign not to exceed sixty-four (64) square feet total for two (2) sides or thirty-two (32) square feet for one side and a total overall height of fifteen (15) feet may be permitted on each primary street frpntage of the property being subdivided, not to exceed two (2) such signs for all phases of any subdivision (interior streets of the subdivision are not recognized as a main street frontage). (2) Such signs shall be removed within ten (10) days from the date of the final sale of the land and/or residences. (3) Signs shall be maintained in good repair at all times. (4) A cash deposit of five hundred dollars ($500.00) per sign shall be deposited with the sign application to ensure compliance with this section and remoi✓al of such sign. The deposit shall be refunded to the applicant upon sign removal by the applicant. If the city is forced to remove any signs, then the cost of removal shall be deducted from the deposit. F. Permitted Signs— Temporary Subdivision Directional Signs. The follpwing signs may be permitted in any zoning district subject to the provisions listed: (1) A maximum of six (6) signs may be used to lead customers to the site. (2) Signs shall be no larger than 600 square inches and shall be grouped on a two- sided sign structure as shown in exhibit a. the city may, from time to time, develop or amend the design details for this sign structure. (3) A sign structure shall be located not less than six hundred (600) feet from an existing or previously approved sign site. Further, each sign may only contain the name of the subdivision, and a directional arrow as shown on exhibit b. (4) The placement of each sign structure shall be reviewed and approved by the Director, who shall base the decision on non -communicative aspects of the sign. (5) Signs placed on private property shall require the written consent of the property owner, to be filed with the planning director prior to issuance of a pertnit. Signs in the public right-of-way shall be reviewed and approved by the public works director prior to issuance of the sign permit, and shall require approval of an encroachment permit. -27- (6) A sign location plan shall be prepared showing the site of each directional sign and shall be submitted to the planning department prior to the issuance of a sign permit. (7) Any such sign approved for a particular subdivision within the city shall not be changed to advertise another subdivision. (8) There shall be no additions, tag signs, streamers, devices, display boards, or appurtenance added to the sign as originally approved. Further, no other directional signing may be used, such as posters or trailer signs. (9) All nonconforming subdivision signs associated with the subdivision in question must be removed prior to the issuance of a new sign permit. (10) A five hundred dollar ($500.00) cash deposit shall be placed with the city to ensure compliance with this subsection. Any sign placed contrary to the provisions of this section may be removed by the city and the cost of removal shall be deducted from the deposit. Additional costs incurred by the city resulting from the removal of illegal signs shall be charged to the developer. (11) The sign(s) may remain on display only until the subdivision is sold out. 17.61.100 SIGN REGULATIONS -OPEN SPACE, RESIDENTIAL AND AGRICULTURAL ZONES A. 0-S (Open Space. Conservation and Recreation) Zone. Signs in the O -S Zone shall be limited to "for sale" signs in accordance with Section 17.61.025 of this Chapter and the following signs for commercial recreation uses, subject to approval of a Uniform Sign Program as described in Section 17.61.020. (1) One monument sign for each street frontage, limited to five (5) feet in height and thirty-two (32) square feet in size. (2) Building -mounted signage not exceeding ten percent (10%) for any building wall. B. Residential Zones. The following signs shall be permitted in residential zoning districts: (1) Single -Family Residential Zones (R -SF, R -A and R- PD). Real estate for sale signs, and identification signs in accordance with Section 17.61.025.A (2) of this Chapter, and noncommercial signs per section 17.61.025.A(15). (2) Multi -Family Residential Zones (R -MF and R -HD). -28- (a) Real estate for sale signs in accordance with Section 17.61.025.A(2) of this Chapter. (b) A maximum of two signs indicating the name of the multiple -family dwelling, apartment or dwelling group shall be permitted. Such signs may include monument signs not exceeding six (6) feet in height and/or wall - mounted signs. The total area of each sign shall not exceed four (4) square feet for less than twelve (12) units, or twelve (12) square feet for twelve (12) or more units. Signs attached to the wall of the building shall not extend above the roof or eave line. Such sign may project twelve (12) inches maximum from the building face. Identification signs may be illuminated, either internally or externally; provided, that all lights are directed away from public rights-of-way and adjacent properties. (c) An illuminated directory sign shall be provided at each entrance of all multi -family complexes with more than twelve (12) dwelling units. Directory signs shall provide a diagrammatic representation of the complex in accordance with the requirements of the Fire Department (d) Noncommercial signs per section 17.61.025.A(15) of this Chapter. C. Agricultural (A-1) Zones. (1) Real estate for sales signs and identification signs in accordance with Section 17.61.025.A(2) of this Chapter. (2) Signs for produce sales, subject to approval of a Uniform Sign Program in accordance with Section 17.61.020.L of this Chapter. (3) Noncommercial signs per section 17.61.025.A(15) of this Chapter. 17.61.105 - Sign Regulations - Manufacturing Zones A. M -L (Light Manufacturing) Zone. (1) Permitted Signs. The following signs are specifically permitted for industrial complexes, subject to the approval of a Uniformed Sign Program in accordance with Section 17.61.020 B. of this Chapter: (a) Wall Signs. One wall sign is permitted for each wall face of the establishment, up to a maximum of four wall signs. If said signs display commercial images or messages, they shall qualify as "onsite" commercial messages. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each -29- linear foot of the unit's or building's primary frontage. In no event shall the area of any one wall sign exceed one hundred (100) square feet. Wall signs shall not occupy more than seventy percent (70%) of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Signs. One monument sign not to exceed thirty (30) square feet in sign area may be permitted to identify separate businesses or uses in the industrial complex. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one frontage if the signs are located at least three hundred (300) feet apart. Monument signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet and shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway. (c) Pylon Sign. One pylon sign not to exceed one hundred (100) square feet in sign area will be permitted to identify separate business or uses in the industrial complex. The pylon sign structure shall not exceed twenty (20) feet in height. Pylon signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet. Pylon signs shall be a minimum of five (5) feet from any right -of- way, sidewalk or driveway. (d) Directional Signs. A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. (2) Signs Permitted for Uses Not in an Industrial Complex. a) Wall Signs: One wall sign is permit for each wall face of the establishment, provided: There are not more than for (4) wall signs for any one establishment; if the display is used for a commercial message, then it must be onsite commercial; in no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. A wall sign shall not occupy more than seventy percent (70%) of the storefront or unit width. A wall sign may not project -30- any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area which may be permitted to identify a business. The monument sign structure shall not exceed sign (6) feet in height. Monument signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. (c) Pylon Signs: One pylon sign not to exceed seventy- five (75) square feet in sign area will be permitted. The pylon sign structure shall not exceed twenty (20) feet in height. Pylon signs for individual establishments which are not located within an industrial complex shall be subject to the approval of a sign permit by the Planning Commission, and shall require the applicant to demonstrate that the specific land use necessitates a pylon sign for visibility; in considering such an application, the Planning Commission shall consider only the non- communicative aspects of the sign. Pylon signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. (d) Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. B. M -IP (Industrial Park) and M -C (Commercial Light Manufacturing) Zones (1) Permitted Signs: The following signs are permitted for industrial complexes, subject to the approval of a Uniform Sign Program in accordance with this Chapter (a) Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more -31- than four (4) wall signs for any one establishment. All commercial messages on such signs must qualify as onsite. In no case hall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. Wall signs shall not occupy more than seventy percent (70%) of the storefront or unit width. Sign copy for all wall signs shall be individual channel letters of a maximum of twenty-four (24) inches in height. If the sign contains a logo, said logo shall be a maximum of thirty- six (36) inches in height. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area is permitted to identify separate establishments or uses in the industrial complex, or to display noncommercial messages. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one frontage and if the signs are located at least three hundred (300) feet apart. Monument signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right- of -way, sidewalk or driveway. (c) Pylon Signs: One pylon sign not to exceed one hundred (100) square feet in sign area which may be permitted to identify a separate business or uses in the industrial complex. The pylon sign structure shall not exceed twenty (20) feet in height. Pylon Signs shall be placed in a landscaped are or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. (d) Under Canopy Signs: For each use occupancy, one under canopy sign not exceeding four (4) square foot shall be permitted. -32- (e) Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height (2) Signs Specifically Permitted for Uses Not in an Industrial Complex: (a) Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wail signs for any one business. Any commercial messages on such signs must qualify as onsite. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. Wall signs shall not occupy more than seventy percent (70%) of the storefront or unit width. Sign copy for all wall signs shall be individual channel letters of a maximum of twenty-four (24) inches in height. If the sign contains a logo, said logo shall be a maximum f thirty- six (36) inches in height. A wall sign may not project any of its height above .the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area. The monument sign structural shall not exceed six (6) feet in height. Monument signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right- of-way, sidewalk or driveway. If such sign displays a commercial message, it must qualify as onsite. (c) Pylon Signs: One pylon sign not to exceed seventy five (75) square feet in sign area. The pylon sign structure shall not exceed twenty (20) feet in height. Pylon signs for individual establishments which are not located within an industrial complex shall be subject to the approval of a sign permit by the Planning Commission, and shall require the applicant to demonstrate that the specific land use necessitates a pylon sign for visibility; in considering such an application, the Planning Commission shall consider only the non- communicative aspects of the proposed sign. Pylon signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. (d) Directional Signs: A maximum of two on-site directional signs per -33- drive approach each not to exceed a total of ten (10) square feet in area and four feet in height. 17.61.110 SIGNS IN THE GENERAL COMMERCIAL ZONE The standards and provisions contained in this section shall be applicable to the C -N (Commercial Neighborhood), C -G, (Commercial General) and C -HS (Commercial Highway Service) Zones, but not including properties with these zoning designations, which are located in the "Special Commercial Areas" as set forth in Section 17.61.115 of this Chapter. A. Permitted Signs in the C -N, C -G and C -HS Zones Within a Commercial Complex Shall Include: (1) Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If used to display a commercial message, the sign must qualify as onsite. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. Wall signs shall not occupy more than seventy percent (70%) of the storefront or unit width. If the sign contains a logo, said logo shall be a maximum of thirty-six (36) Inches in height a wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted. In no case shall it be more than thirty (30) inches above the roof line. (2) Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area which may be permitted to identify separate establishments or uses in the commercial complex. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one frontage and the signs are located at least three hundred (300) feet apart. Monument signs shall be placed in a landscaped area or planter of not less than two -hundred fifty (250) square feet. Monument signs shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway. Pylon Signs: One pylon sign not to exceed one hundred (100) square feet in sign area will be permitted to identify a separate business or uses in the commercial complex. The pylon sign structure shall not exceed twenty (20) feet in height. For each secondary street frontage with at least three hundred (300) feet of length, one additional pylon sign may be permitted not to exceed one hundred (100) square feet in sign area and shall not exceed twenty (20) feet in height. When such a sign is used to display a commercial message, it must qualify as onsite. (3) -34- (a) Where pylon signs are placed on both major and secondary street frontages, each such sign shall be placed as near to the middle of the street frontage as practical or at a major driveway entrance to the commercial complex from the street frontage. (b) Pylon signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet. Pylon signs shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. (c) A maximum of three (3) signs may be used to identify any one establishment pursuant o the criteria outlined in this section. Service and Delivery Signs: One unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. Directional Signs: A maximum of two on-site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height. Window Signs: Window signs conforming to the provisions of Section 17.61.025.A(1), (16). Under Canopy Signs: For each use or occupancy, one maximum four (4) foot under canopy sign per frontage. Permitted Signs in the C -N, C -G and C -HS Zones for Uses Not Part of a Commercial Complex Shall Include: Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If such sign is used for a commercial message, it must qualify as onsite. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. Wall signs shall not occupy more Ran seventy percent (70%) of the storefront or unit width. A wall sign may of project any of its height above the roof eave line or parapet of the wall upon which is mounted. In no case shall it be more than thirty (30) inches above the roof line. Service and Delivery Signs: One unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. -35- (4) Window Signs: Window signs conforming to the provisions of Section 17.61.025.A(1), (16) (5) Under Canopy Signs: For each use or occupancy, one maximum four (4) foot under canopy sign per frontage. (6) Exceptions: Certain exceptions to the sign standards applicable to commercial uses not located within a commercial complex may be approved by the Planning Commission including the election of freestanding sign(s) when the following findings can be made by the Planning Commission, without consideration of proposed message content (other than the onsite / offsite distinction in the case of commercial messages): (a) The site is subject to limited visibility and additional signing is necessary for a reasonable level of advertising exposure; (b) The type of establishment or the configuration of the site necessitates additional signage. (c) Exceptions shall be processed through the sign permit and minor variance process provided for in the Zoning Ordinance. C. Freeway -Facing Signs - Permitted in the C -N, C -G and C -HS Zones Subject to the Following Requirements. (1) The maximum allowable sign face area of any freeway -facing sign for a shopping center or commercial complex which totals more than 250,000 square feet of gross floor area shall be three hundred (300) square feet and shall not exceed sixty (60) feet in height. When such display area is used for commercial speech, the copy must qualify as onsite as to the shopping center or commercial complex. (2) The maximum allowable sign face area of any freeway -facing sign for a shopping center or commercial complex which totals less than 250,000 square feet of gross floor area shall be one hundred fifty (150) square feet and shall not exceed sixty (60) feet in height. (3) Freeway -facing signs, including freeway -facing electronic message signs, may only be permitted subject to the approval of a sign permit by the Planning Commission. Freeway -facing signs will be permitted when they satisfy all of these criteria: -36- (a) The proposed sign is located upon the property upon which the use identified is located; (b) The proposed sign is is located in the vicinity of a freeway interchange and within three hundred (300) feet of the freeway right-of-way and six hundred (600) feet of the intersecting street right-of-way; (c) The following findings must be made, without consideration of message content of the proposed sign: (i) The elevation of the freeway in relation to the elevation of the abutting properties justifies the height requested, and is the minimum necessary. (ii) The number and spacing of freeway signs will not cause unnecessary confusion, clutter or other unsightliness in the general location. (iii) The use identified, as well as its type, size and intensity, justifies the size, design and location of the sign requested. (iv) The needs of the traveling public for identification and directional information justifies the sign requested. D. Automobile Service Station Signs. Automobile service station signs shall be permitted subject to the following requirements: (1) Identification/Price Monument Sign: For each service station, one monument, combination price and identification sign, maximum thirty (30) square feet in size and maximum six (6) feet in overall height shall be permitted, and must include all price advertising as required by State law. Elevated signs may be used subject to approval of the Planning Commission (without consideration of message content) where vision impairments exists, however elevated signs shall be designed with appropriate vision spaces. Such signs shall not exceed fifteen (15) feet in overall height. (2) Identification Pylon Sign: For service stations located contiguous to a freeway, where a freeway exit serves the street from which the service station takes direct access, in addition to the identification/price monument sign allowed by paragraph (1) above, one pylon. sign, maximum one hundred (100) square feet in size and forty (40) feet in overall height, situated so as to be directed toward and permanently viewable from the freeway, shall be permitted. -37- (3) Special Service Signs: Each service station may display two special service signs per pump island. Special service signs shall be limited to such items as self serve, full serve, air, water, cashier, and shall be non -illuminated. Such signs must be permanently affixed to the pump island they identify. Each sign may not exceed four (4) square feet in overall size. (4) Wall Signs: Wall signs for automobile service stations shall be permitted subject to the provisions set forth in Section 17.61.110.A (1) and (16). (5) Directional Signs: maximum of two on-site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height. (6) Window Signs: window signs conforming to the provisions of Section 17.61.025.A(1) and (16). E. Theater Marquee Signs. Theater marquee signs shall be permitted subject to the following requirements: (1) The size of a theater marquee sign shall be determined by the number of screens. Each screen shall be permitted a maximum of ten (10) square feet for each sign face area. A theater marquee sign may not total more than one hundred (100) square feet of sign face area. (2) A maximum of one theater marquee sign, not to exceed twenty-five (25) feet in height, is permitted per street frontage exclusive of freeway; provided, however, that the theater is part of an integrated shopping center. (3) A maximum of one theater marquee sign, not to exceed twenty-five (25) feet in height, shall be permitted for theaters not considered to be part of an integrated shopping center. (4) A maximum of one wall -mounted theater marquee sign shall be permitted at the main entrance to the theater. F. Electronic Message Signs. Electronic message signs shall be permitted subject to the following requirements: -38- (1) One electronic message sign may be permitted in a commercial complex with a minimum of 25,000 square feet of floor area. No electronic message sign shall be located closer than 2,500 feet to another electronic message sign. A conditional use permit shall be required whereby the Planning Commission will determine the size and height of the sign. (2) Each display shall appear for a period of at least eight seconds. Displays shall not be animated, appear in incremental stages or move across the changeable copy sign face. The sign shall remain blank (no message or display) for at least one second between separate images. The sign may display only noncommercial messages or onsite commercial messages, related to those establishments which are part of the complex or the merchandise or activities available on the parcels which are part of the commercial complex. The sign shall not be used as a billboard. (4) The sign shall be reviewed for traffic safety purposes by the City's Public Works Director and shall comply with any and all safety standards as prescribed by the State of California. Such reviews shall not consider message content. 17.61.115 - SIGN REGULATIONS - SPECIAL COMMERCIAL AREAS Certain commercial areas within Beaumont are of a unique character due to historic, land use, parcelization and circulation considerations. These areas, which contain C -G (Commercial -General), C -N (Commercial -Neighborhood) and C -HS (Commercial - Highway Service) Zoning Districts, shall be subject to differing criteria as compared to other commercial areas in the City, as set forth within this section. (3) A. Antique Village District Area. This area consists of properties fronting on the north side of Sixth Street between Magnolia Avenue and Veile Avenue, on the south side of Sixth Street Between Euclid Avenue and Veile Avenue, and on the east and west sides of Beaumont Avenue between Sixth Street and Seventh Street. (1) Within this special district, signs are permitted for commercial complexes as follows: (a) Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If used for commercial messages, the message must qualify as onsite. In no case shall the total sign area of any unit or building exceed three quarters (3/4) square foot of -39- sign area for each linear foot of the unit's or building's primary frontage and shall not exceed seventy-five (75) square feet per sign. Wall signs shall not occupy more than sixty percent (60%) of the storefront or unit width. Painted wall signs are permitted when determined to be compatible with the architectural character of the building and area. If the sign contains a logo, said logo shall be a maximum of thirty-six (36) inches in height. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area which may be permitted to identify separate establishments or uses in the commercial complex, or for noncommercial messages. The monument sign structure shall not exceed six (6) feet in height. One additional monument sign may be permitted on parcels having more than one frontage and the signs are located at least two hundred (200) feet apart. (c) Pylon Signs: Pylon signs not to exceed seventy-five (75) square feet in sign area which may be permitted to identify separate establishments or uses in the commercial complex, subject to approval of a sign permit by the Planning Commission. In consideration of pylon signs in this area the Planning Commission shall consider the need for compatibility and appropriateness of such signage at the proposed location, but shall not consider the message content of the proposed sign, other than the onsite / offsite distinction for commercial messages. (d) Monument and pylon signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet. Monument and pylon signs shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. Service and delivery signs, limited to one unlighted sign per occupancy not to exceed two (2) square feet, may be placed on the rear of the building for service and delivery purposes. Directional signs: a maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. Window signs: window signs conforming to the provisions of Section 17.61.025.A(1) and (16). -40- (h) Under canopy signs: For each use or occupancy, one maximum four (4) square foot identification under canopy sign per frontage. (i) Internally or back -lit fluorescent signs shall not be permitted in the Antique Village District Area. (2) Permitted signs for uses not part of a commercial complex shall include: (3) (a) Wall signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. Any such sign used for commercial messages must qualify as onsite. In no case shall the total sign area of any unit or building exceed three quarters (3/4) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed seventy-five (75) square feet per sign. Wall signs shall not occupy more than sixty percent (60%) of the storefront or unit width. Painted wall signs are permitted when determined by the Director, without consideration of message content, to be compatible with the architectural character of the building and area. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Service and delivery signs: one unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. (c) Directional signs: a maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. (d) Window signs conforming to the provisions of Section 17.61.025.A(1) and (16). (e) Under canopy signs: For each use or occupancy, one maximum four (4) foot identification under canopy sign per frontage. Automobile service stations signs shall be permitted subject to the following requirements: (a) Identification / price monument sign: for each service station, one monument, combination price and identification sign, maximum thirty (30) square feet in size and maximum six (6) feet in overall height shall be permitted, and must include all price advertising as required by State law. -41- (b) Special service signs: each service station may display two special service signs per pump island. Special service signs shall be limited to such items as self serve, full serve, air, water, cashier, and shall be non- illuminated. Such signs must be permanently affixed to the pump island they identify. Each sign may not exceed four (4) square feet in overall size. (c) Wall signs for automobile service stations shall be permitted subject to the provisions set forth in Section 17.61.110.8.(1) and (16). (4) Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. (5) Window Signs: Window signs conforming to the provisions of Section 17.61.025.A.(1) and (16). B. Beaumont Avenue Corridor Properties fronting on both sides of Beaumont Avenue between Seventh Street and Fourteenth Street are allowed signs as follows: (1) Permitted signs for commercial complexes shall include: (a) Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one business. If used to display a commercial message, the sign must qualify as onsite. In no case shall the total sign area of any unit or building exceed three quarters (3/4) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed seventy-five (75) square feet per sign. Wall signs shall not occupy more than sixty percent (60%) of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area which may be permitted to identify separate businesses or uses in the commercial complex. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one frontage and the signs are located at least two hundred (200) feet apart. Monument signs shall be located in a landscaped planter of not less than two hundred fifty (250) square feet -42- and shall be a minimum of five (5) feet from any right -of- way, sidewalk or driveway. (c) Service and Delivery Signs: One unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. (d) Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. (e) Window Signs conforming to the provisions of Section 17.61.025.A.(1)(16). (f) Under Canopy Signs: For each use or occupancy, one maximum four (4) square foot under canopy sign per frontage. (2) Permitted signs for uses not part of a commercial complex shall include: (a) Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one business. If used to display a commercial message, the sign must qualify as onsite. In no case shall the total sign area of any unit or building exceed three-quarters (3/4) of one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed seventy-five (75) square feet per sign. Wall signs shall not occupy more than sixty percent (60%) of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. (b) Monument Sign: One monument sign not to exceed thirty (30) square feet in sign area which may be permitted to identify an establishment. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs shall be located in a landscaped area or planter of not less than two hundred fifty (250) feet and shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway. (c) Service and Delivery Signs: One unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. (d) Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and -43- four feet in height. (e) Window Signs conforming to the provisions of Section 17.61.025.A.(1) and (16). Under Canopy Signs: For each use or occupancy, one maximum four (4) square foot identification under canopy sign per frontage. (f) 17.61.125 SIGN REGULATIONS - SPECIFIC PLAN AREA ZONE A. Permitted Signs in the Specific Plan Area (SP) Zone — Exempt Signs. The SPA Zone permits a variety of residential and supporting commercial and other supporting land uses. Signs which may be erected without permits as provided for in Section 17.61.025 of this Chapter are permitted in the SPA Zone consistent with the respective land use. B. Signs Subject to Permits: Provisions and standards for signs shall be established within a specific plan for land uses contained therein. The specific plan shall establish a project -wide sign program and shall make provisions for the development and review of Uniform Sign Programs consistent with Section 17.61.020.L of this Chapter for each non-residential land use component of the specific plan. 17.61.200 SIGN DESIGN STANDARDS. The design standards set forth in this section apply to all signs in the City of Beaumont. A. Relationship to Other Signs. Where there is more than one monument sign located upon a lot, all such signs shall have designs which are well related to each other by the similar treatment or incorporated of not less than four of the following six design elements: (1) Type of construction materials as used in the several sign components (such as cabinet, sign copy, supports); (2) Letter style of sign copy; (3) Illumination; (4) Type or method used for supports, uprights or structure on which sign is supported; (5) Sign cabinet or other configuration of sign area; -44- (6) Shape of entire sign and its several components. B. Landscaping: Each monument sign shall be located in a planted landscaped area which is of a shape, design and size (equal to at least the sign area) that will provide a compatible setting and ground definition to the sign. The planted landscaped area shall be maintained on a reasonable and regular basis. C. Illumination and Motion. Monument signs shall be non- moving stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (non- flashing). D. Sign Color. Sign colors should be compatible with the building architecture. Within shopping centers, sign color should complement the color scheme for the center. This provision does not apply to noncommercial messages displayed on signs. E. Special Commercial Areas. Signs proposed within the special commercial areas identified in this Chapter shall be subject to detailed design review by the Planning Director and/or Planning Commission for the purpose of ensuring consistency and compatibility with the respective area. Such review shall be performed in conjunction with the processing of permit applications as set forth in this Chapter. However, such analysis shall not consider the message content of the proposed sign. -45-