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HomeMy Public PortalAboutOrd. 1403~-' - - .: -, .. -...+ .. e 4 - ORDINANCE NO. 1403 ' CITY OF LYNWOOD LOS,ANGEL•ES COUNTY., CALIFORNIA AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING THE. LYNWOOD MUNICIPAL CODE BY REPEALING IN ITS ENTIRETY CHAPTER 17 THEREOF AND HY AMENDING IN ITS ENTIRETY SECTION 25-33 OF CHAPTER 25 THEREOF RELATING TO THE REGULATION OF SIGNS, ADVERTISING STRUCTURES AND ADVERTISING DISPLAYS Section 1. Chapter 17 of the .Lynwood Municipal Code is hereby repealed in its, entirety. Section 2. Section 25-33 of Chapter 25 of the Lynwood Municipal Code is hereby amended in its entirety to read as follows: - - - . Y ~~25,-33 ~1tEGUL:'~TION ~?~' S~G';5, ADVERTISING STRUCTURES AN3 ADVERTISING DISPLAYS - -~ 25-39.1 Sian Regulations: Intent and PurDOSP1. a. The intent of this section is to implement the ~° City~s.general plan and to~promote and protect t~~e public health, welfare and safety by regulating the design, quality of materials and construction, illumination, location, number, and maintenance of all signs, sign structures and advertising displays within the City. b. The purposes of the regulations set forth in this .section include the following: . ~-. -----~--~.t F~_ ____ + o -T~ -pres~e~ve .,and ..enhance, the aesthetics and - visual appearance of the City, thereby - protecting property values from negative impacts attributable to ..visual blight. . 2. To ensure that signs are compatible with ~~. their immediate surroundings, with adjacent . . land uses, and with. the community as a whole... - 3. To, reduce potential traffic and safety ~W-. _ hazards by prohibiting or regulating slags ~-- -~ ==--~= ,. _ ~jl~~ = 9409f4 10512-00001 Ij 0591377 9 s`-( f ~ ;y! ,.' y • that are distracting to motorists or pedestrians. 4. To establish reasonable guidelines for sign owners, sign users, and sign manufacturers as to what constitute appropriate and lawful signs in the City. __ . ~_ __________~_ _._ J _ 5. To .protect thE~ City from the-. blighting ---- -- - effects of excessive-signage so as to preserve and enhance the economic base of the City, and its development potential. 6. To facilitate the guidance of the public to various business. enterprises and community facilities and activities, thereby promoting . the convenience of the public. c. Nothing contained in this section shall .prohibit the City, or the Redevelopment Agency, from .negotiating and entering into agreements with - individuals or entities engaged in the business of outdoor advertising for the purpose of placing and maintaining. an advertising display or an advertising structure on any real property owned or leased by the City or the Redevelopment Agency.- . d. The sign permit requirements set forth in this section may be waived by the Director of Community Development where sign criteria, at least as restrictive as those set forth in i;:he ordinance codified in this section, are imposed upon or - agreed to by the owner or occupant of property located within (i) a redevelopment-project areap or (ii) within any planned commercial development district as provided for in Section 24-34 of this Code; or (iii) within any nonresidential .~ rehabilitation or revitalization area designated by the City or by the Redevelopment Agency. 940914 10512-00001 Ij 0591377 9 - 2 .. ~ ~ I • -, • 25-33.2 Permit Re uirements and Administrative Procedures a. Sign Permit Revuirea, Unless specifically exempted by the provisions of this section, no person shall place, erect, enlarge, modify, repaint or relocate any sign in any land use zone without first obtaining a sign permit in __- _ _ accordance with_the provisions of ,this subsection;_____ provided, however, that no sign permit shall be required in connection with the routine maintenance or repair of a sign, or the complete removal of a sign. - b. ADOlication. The application for a sign permit shall be in such form as may be required by the Department. of Community Development and shall be submitted to said Department, together with any required application or processing fee as ~ established by resolution of the City Council. The application shall contain the following information, as applicable, relating to the:~...~,- proposed sign: 1• A~plot plan identifying the location of the proposed sign in relation to existing or proposed buildings or .structures on the property which are or will be subject to. the ownership or control of the applicant. 2. Where directional signs are proposed, a plot plan identifying the location of off-street _ parking facilities, including primary points of entry and-exit for motor vehicles. • 3. The dimensions, design, c~~~lors, text, and construction materials of the proposed sign. 4. The method of attachment of. the proposed sign to,any building or structure. 5• A description of the size and dimension of any other sign or signs then existing on the property which is or will be subject to the 910914 10512-OOOOIij 0591377 9 _ 3 _ ~. c. applicant's ownership or control, and, with regard to any such sign which is then illegal or nonconforming, a statement as to when. such sign will be permanently removed or made to be conforming by the applicant. 5. Photographs of all sides of any existing building or structure on which, or adjacent to which, the proposed sign is to be placed, or a rendering of any such building or structure not yet constructed. 7. A statement as -to whether the applicant's property is located within the boundaries of: a redevelopment project area or a planned commercial development district established by the City. 8. Such other information as the Department of Community Development may require to secure compliance with this section. Review of Sivn Permit Ann cation. 1• Review by Director of Co unity Development. An application for a sign permit for the placement or erection of a new sign for an existing building, or for the enlargement, modification, repainting or relocation of an existing sign, shall be reviewed by the Director of Community Development. The Director of Community Development shall approve the application if the~Director determines that such-applic~ticn satisfies the criteria set forth in subparagraph d. of this subsection and any other applicable provisions of this section. Zf the Director determines that the construction or method of placement of the proposed sign will be .subject to provisions of the Building Code or the Electrical Code., the application shall, I 940914 10512-00001 lj 0591377 9 _ 4 _ • ~ • ~ - ., 2. if satisfactory in all other respects, be conditionally approved and transmitted to the Building Official for further processing and permit approval. Applicant shall pay to the Building Official such additional application or processing fees as may be established by resolution of the City Council. Review by Planninv Commission. An application for a sign permit for the placement or erection of a new sign for a proposed new building. or other proposed new development shall be reviewed by the Planning Commission. The Planning Commission ,shall approve the application if it determines that such application satisfies the criteria set forth in subparagraph d. of this subsection and other applicable provisions of this section. If the Planning Commission determines that the construction or method of placement of the proposed sign will be subject to provisions of the Building Code or the Electrical Code, the application shall, if satisfactory in all other respects, be conditionally approved and transmitted to the Building Official for further processing and permit approval. Applicant shall pay to. the Building Official such additional application or processing fees as may be established by resolution of the City Council. 3. Acoeals. Any final deter,~ination or decision made by the Director or by the Planning Commission relating to an application for a sign permit may .be appealed by the applicant in accordance with the provisions of this section. 940914 10512-00001 Ij 0591377 9 _ c~ _ ~. d. Criteria for Review and Aobrn.,~l, The following criteria, as applicable, shall be applied in reviewing and. approving an application for a sign permit: 1. That any proposed on-premises sign is necessary for the applicant's enjoyment of substantial commercial and property rights. 2. That the sign is consistent with the City's general plan and all applicable provisions of~ the Zoning Ordinance. 3. That the sign is not detrimental to the public health, safety, or welfare. 4. That the size, shape, color and placement oL the sign is compatible with the building it 4 identifies or on which,it is to be placed. 5. That the size, shape, color, and placement of the sign is compatible with the neighborhood and other lawfully-erected signs in the area. 6• That the design of the proposed sign, including its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) is legible under normal viewing conditions prevailing where the. sign is to be installed. 7• That the location and design of the proposed sign does not obscure from view, or unduly detract from, existing adjacent signs. 8. That the location and design of the proposed sign, its size, shape, illumination, and color, are compatible with. the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value or quality of adjacent properties. ~~ 9.- That the location and design of a proposed sign in close proximity to any residential 940914 10512-00001 Ij 0591377 9 _ 6 - _ ~ ~ ~ .. _ ~ ~ 4 , 1 v . area does not adversely affect the quality or character of such residential area. 10. That with regard to any existing sign on the applicant's property which is then illegal or nonconforming, the applicant has made a binding commitment to remove or to make conforming any such sign within a reasonable - period of time. 11. That the proposed sign, if affixed to .property within the boundaries of a _ redevelopment project area, or a planned commercial development district, or a designated rehabilitation or revitalization area, will be in compliance with sign requirements or guidelines set forth in, or adopted pursuant to, any applicable rede- velopment plan, development agreement, owner participation agreement, or other agreement ` or discretionary entitlement affecting such property . e• Mfnor Modifications of Sign Permits. 1. application. If an applicant desires to modify a sign previously authorized by a sign permit, and such sign has not then been placed or erected, the applicant shall file with the Department of Community Development an application for a minor modification to a sign permit. Such application shall be in such form as may be req~sired by the Department of Community Development and shall be submitted to said Department, together with any required application or processing fees as established by resolution of the City ~~ Council. 2. Review of Applications. Each application for a minor modification to a sign permit shall 940914 10512-00001 Ij 0591377 9 _. 7 _ f. 940914 I OS l2-000OI Ij 0591377 9 be reviewed by the Director of Community.- . Development who shall determine whether the requested minor modification complies with. . the applicable criteria set forth in subparagraph d. of this subsection. Any such application may be denied if the proposed modification is deemed by the Director to~ __ _ ._ _ ~_ constitute a major modification or if it ,fails to comply with any of the applicable criteria for review-and approval. To the extent practicable, the application shall be ~. ,approved, or approved with mandatory conditions, or denied, within ten (10) working days after the filing date. 3. Appeals.- Any applicant aggrieved by a determination of the Director of Community Development which. denies, or approves-with mandatory conditions, an application for a minor modification to a sign permit may appeal such determination in the same manner as provided in this subsection for sign permit appeals. ~fam Permit Appeals. 1. Anneals to the Planning Commission.. Any applicant aggrieved by a determination of-the Director of Community Development denying an application for a sign permit, or approving such application with mandatory conditions,- may appeal such determination.to the Planninq~ Commission within fifteen (15) days after such determination. The appeal shall be accompanied by-the payment of a filing fee in such amount as may be established by resolution of the City Council. A public hearing shall be conducted by the Planning - Commission pursuant to Section 25-28 of this 1 $ - 25-33.3 a. Code. The Planning Commission shall render its decision on the appeal within sixty (6p) days after the close of the public hearing. Findings shall be made by the Planning Commission which set forth the basis for its decision. 2. Appeals to the City Council. Any appellant aggrieved by a final decision of the Planning Commission relating to an appeal taken pursuant to subsection 1 above may appeal such decision to the City Council within fifteen (15) days after such decision. The appeal shall be accompanied by the payment of a filing fee in such amount as may be established. by resolution of the City Council. The appeal shall be heard in accordance with the provisions of Section 25-29 of this Code, and findingsshall be made by the City Council which set forth the basis for its decision. The decision of the City Council on any appeal filed hereunder shall be final. Prohibited Signs. The following signs are prohibited in all land use zones: 1. New Off-Premises Signs and Adv~rt~s'*+~ Displays. As of the effective date of the ordinance codified in this section, all new off-premises signs and off-premises ' advertising displays are prohibited in all land use zones within the City. 2. Signs uDOn Public Property and within the Public-Right-of-Way. Unless subject to an exception stated herein, the placement of'all signs is prohibited within the public right- of-way and upon public property including, 940914 10512-00001 Ij 0591377 9 _ 9 _ without limitation, any notice, placard, handbill, card, poster, sticker, banner, sign, or other medium of advertising. Public property shall be deemed to include, without limitation, any public ,street, walkway, sidewalk, parkway, alley, crosswalk or other right-of-way, bridge, wall, monument, curb, lamppost, hydrant, tree, vegetation, or any component of a police or fire alarm system, or any property of a public utility which maintains such property in accordance with easements obtained from the City or conferred by statute. The prohibitions contained herein shall not apply to .the following: (a) Public notices or signs authorized and posted pursuant to law, including traffic signs. (b) Signs posted by public agencies and public utilities. (c) Informational, directional and warning signs required or authorized by law for the protection of the public health, safety and welfare. (d) Signs posted by or at the direction of any duly authorized City officer or ~. employee, which signs announce or relate to City-sponsored activities or events. 3• Mans Unauthorized by Private Property=. _ All signs otherwise authorized by the provi- sions of this section shall be prohibited if affixed to or placed upon any private property or improvement thereon without the r. consent of the owner thereof, or the authorized agent of the owner. 4. Si ns Jeo ardizin Traffic Safet All signs are prohibited which resemble any traffic 940914 10512-000OI Ij 0591377 9 _ 1 O - ~' • - 5. 6. control. device or which create a safety hazard by obstructing the clear view of pedestrians or vehicular traffic. Signs Interfering with Public Utilities. All signs are prohibited which are placed in violation of any rule or regulation of the California Public Utilities Commission relating to the horizontal and vertical clearance of signs from public utility lines or other utility installations. Signs with Certain Features. All signs are prohibited which have any of the~followinq features: (a) Signs which generate particulate matter, such as bubbles, smoke, confetti or ashes. (b) Signs which emit or amplify any sounds or noise.` - - (c) Signs which revolve, rotate or oscillate, except when authorized in connection with a carnival use. (d) Signs which flash, glitter or shimmer, except for approved signs .displaying a programmable electronic message, exempt holiday decorations, .and signs.autho- rized in connection with a.carnival use. (e) Signs illuminated by any spotlight, reflector or beacon that is visible from any adjacent property or public right- of-way. (f)' Signs illuminated by any color of light other than white or amber (unless otherwise approved by the Director of Community Development) except when authorized in connection with a carnival use. 9ao9is ~osiz-aoooi i; os9i3n 9 - 11 - ~. • (g) Signs illuminated by lighting which changes in color or intensity of color, except when authorized in connection with a carnival use. (h) Signs illuminated with such intensity or brightness so as to constitute a public or private nuisance. ' 7. Signs Containing "Obscene Matter". All signs are prohibited which contain or depict "obscene matter" as such term is defined in Section 311 of the California Penal Code. T 4~ 8. SS cans Jeonardizinq Fire Safety. All signsY~ are prohibited which are placed in such a 7 location or in such a manner as• o interfere with the use of or access to any fire door, fire escape, exit, stairway, standpipe, ventilator or window in any buldinq or ' structure. 9• s dvertis'n o t' ue c 'v't es. ' All signs are prohibited which advertise an activity, business enterprise,.coma-odity.or service for any period in excess of ninety, (90) days after such activity or business enterprise has terminated or such commodity or service is no longer offered. 10. Signs in Disrepair. All signs are prohibited which are abandoned, or which are in an unsafe condition, or which are improperly maintained so as to expose deteriorated conditions, such as peeling paint or inoperative electrical components. 11. Projecting Signs. All signs are prohibited which are attached at an angle to a wall or .. to any other vertical element of a building. 12. Backdrop Wall Signs. All signs are prohibited which are placed upon a free- 940914 10512-00001 Ij 0591377 9 - 1 2 - . ~ ~~ - C~ standing wall to the~rear or to the side of a business which is conducted primarily in the open. 13. Roof Sians. Roof signs which identify or advertise a business located on the premises, or which convey .any message whatsoever, are prohibited. 14. S_iQns which Unlawfully Encroach. All signs are prohibited which encroach .upon. or project into private property adjacent to the property on which. the sign is located, without the written consent of the adjacent property owner, and all signs which encroach upon or project into a public right-of-way or an e.stablished_setback line without the City's approval by means of a duly issued encroachment permit. Any such encroachment permit shall be subject to the approval of the City Council. 15. ~.ctns Attached to Vehicle. All signs, are prohibited which are .attached in a temporary manner to any vehicle, excluding, however, any sign painted upon or attached to the body of a public transportation vehicle, or to a vehicle regularly used in a business enter- prise to which the sign pertains, or to v+~hicles sold by a new or used car dealer. This prohibition shall not preclude the display of bumper stickers on a vehicle. 1~• ~3.gl~s Nod Expressly Permitted ~r Exempted. All: signs are prohibited which are not expressly permitted or exempted by the provisions of this section or by any other applicable provisions of this Code. 940914 10512-00001 Ij 0591377 9 _ 1 3 25-33..4 Sians Authorized in Residential ones The following signs, if not connected to an electrical power source for the purpose of illumination, are - authorized in residential land-use zones in the City without the necessity of obtaining a sign permit in accordance with the provisions of .subsection 25-35.2; provided, however, that all such signs shall comply with all applicable ..requirements of this subsection: -w a. Identification Sian. 1. Single-family residential zones (R-1). One single-faced sign not to exceed one square foot in area, bearing the name or address, Qr both, .of the owner or occupant of the single-family residential dwelling. 2. Multiple-family residential zones (R-2, R-3, _ P-R-D). One single-faced sign per public. . street frontage of a multi-family building, which sign may be in the form of an awning, marquee or canopy sign, a freestanding sign,. or a wall sign, subject to the following requirements: (a) Awning, Marquee or Canopy S moans. When consisting of an awning,` marquee or , canopy-sign, a multi-family building .identification sign shall comply with all applicable provisions of this section applicable to such signs. (b) Freestanding_S~q~. When consisting of a freestanding sign,_a multi..-family building identification sign shall comply with all provisions of this section applicable to such signs; c~ ' provided, however, that the total area of such. sign. shall not exceed.- twenty- even (27) square feet, and the 940914 10512-00001 Ij 0591377 9 - 1 4 - ~ _ ~ b. c. maximum height of -such sign shall not _exceed four (4) feet above grade. (c) Wall Signs.. When consisting of a wall .sign, a multi-family building identification sign shall comply with all provisions of this section applicable to such signs; provided, however,- that the total area of such sign shall not exceed twenty percent (20$) of the signable area of the wall on which such sign is placed, and such sign shall not exceed five percent (5$j of the building's face._ The maximum height of such sign shall not exceed .fifteen (15) feet above grade. .Multi-Family Building Traffic Directional Sicn. One multi-family building traffic directional sign may be displayed, ~in the form of a-wall sign or freestanding sign; provided, however, that the total area of such sign shall not. exceed six (6) square feet,.-the height of such sign shall not exceed seven (7) feet above grade, and the lettering shall not exceed a height of. five (5) inches. .Residential Subdivision Sicn. One nonilluminated freestanding residential subdivision sign is authorized for advertising the initial sale or lease or a development consisting of up to fifty (50) residential dwelling units, and one additional residential subdivision sign for each additione~l fifty (50).dwelling units or portions thereof, subject to the following requirements: 1. Display Period. _A residential subdivision sign may be displayed from the date that construction commences and continuing thereafter for a' period not to exceed six (6) 990914 10512-0000.1 Ij 0591377 9 _ 1 c~ _ d. 940914 10512-QD001 Ij 0591377 9 feet or less of street frontage, exceed • • six (6) square feet in area on any one side, nor shall the height o~ such sign exceed six (6) feet above grade. (c} No double-faced freestanding sign shall,- ,' • if placed,on a lot or parcel having more than one hundred (100) feet of street frontage, exceed thirty-two (32) square feet in area on any one side, nor shall months after the date on which (i) eighty percent (80$) of the dwelling units have been issued a certificate of occupancy or a temporary certificate of occupancy, or (ii) all of such dwelling units have been sold or leased, whichever is-first to occur. 2. Sian Area and Height. No residential subdivision sign-shall exceed two hundred (200) square feet in area, nor shall the height of such sign exceed fifteen (15) feet above grade... ~ - 3, Authorized Sign Types. Only nonilluminated freestanding subdivision signs are authorized. F~eal Estate Signs: 1. For Sale, Lease or Rent Signs. One sign • advertising the. sale, lease or rental of the residential real property or residential dwelling unit during such time as. the. . property or dwelling unit is actually for sale, lease. or rent, subject to the following requirements: (a) Any such sign may be a wall sign, window. • signor a double-faced freestanding sign. (b) No double-faced ,sign shall, if placed .on a lot or parcel having one hundred (1..00) - 16 - ,.. _ ~e 2. The total area of a building directory sign shall .not exceed eighteen (18) square .feet. ~ - `- . 3•~ A bui ding directory sign with changeable copy shall be glass encased. 4. The number of bull-ding directory signs on any ' parcel shall not exceedone for each .parking` lot entrance and one .for each building- .. ~ entrance. b. Business Information Sia One on-premises . business information sign per business enterprise ~~ ~ ~ ~ i authorized, subject to the followin 9 requirements: + ~1: ~ The total area of a business .information sign- which is erected without a sign permit shall not exceed three (3} square feet. . 2. Only-one business information. sign shall be - displayed on the premises of the business ' . ~ enterprise. c. Sicrns Identifvina Religious Institution and _ Rlaces of Worship. On-premises signs identifying - -' the name, .address, personnel and activities or announcements of religious institutions and places of. worship are authorized, subject to the - ~ following requirements: 1': One such on-premises .sign shall be authorized for .each street that abuts the property on . which the religious institution or place of .- ~ worship is located. 2. The,, total area of any such sign shall not - exceed twenty-five (25) square feet per sign face . 3. ~~The height of any such sign shall not exceed . ,, six (6) feet. . d. Historical Memorial or .Commemorative S' n On- premises historical, memorial or commemorative 940914 Y0512-000gI Ij 0591377 9 - 2 1 - . ~ signs are authorized, subject to the following requirements: . ~ ~. 1. The, total .area of any such sign .shall not - ~ ~ ~ exceed three (3) square feet. 2. The height of the lettering on any such sign shall not exceed three (3) inches. e. Holiday Decorations. On-premises holiday decorations, not conveying any commercial message, are authorized. ;, f.. Political Signs. On-premises. olitical si ns are: ~ P q ,. , authorized, subject to. the following requirements: 1. Political signs. shall not be illuminated. _ ~'2. Thee total area of any political..sign shall . ' ~ not-.exceed twenty-five (25) square feet. . 3. The aggregate area of all political-signs on any one parcel sha1.1 not exceed fifty (50) - square feet. 4. The height of any political sign shall not ~. . exceed six (6) feet. . .°~ 5. All political signs-shall be removed within seven (7) days :after the election to which f such signs relate: g. Convenience dentification Signs. .Convenience ' identification signs are authorized; provided, '. however, that. the aggregate area of all. convenience identification signs on the premises . which are visible from-any street shall not exceed ten (10) square feet. ~~ h. Real Estate Signs. 1. For Sale. Leas or Ren Siang. Signs are authorized advertising the sale, lease or - •'rental of nonresidential real property during. '. such time as the nonresidential real property is actually for sale, lease or rent, subject e t -. to the following requirements:. . 940914 10312-000OI Ij 0591377 9 - 2 2 - .. ` • .. (a) The number. of wall-mounted or ~. ` ~ freestanding real estate signs. on any • f -' property shall be-limited to one per ~ ` . street or highway upon which the property abuts,-subject. to~the following ` ~ restrictions: (1) No read estate wall sign on a: '. building which is located on a - parcel having one hundred (100) ` ' feet or :less of frontage on 'a . street or highway shall have a sign - face area in excess of six square _ • (.6) -feet. (2) No double-faced freestanding real -_. - estate sign on a parcel having one . ~. hundred (100) feet or less-of ' - frontage on a. street or highway ` shall have a sign. face-area in , excess of twelve (12 )' feEt. (3) No real estate. wall sign on a ~ . building which is located on a , parcel having more than one hundred `, (100) feet of frontage on a street - ~ ~. or highway. shall have a sign face area in excess of thirty-two (32) _ ~ .: square feet. (4) No double-faced freestanding real. estate•sign on a parcel having more than one hundred (100) feet of frontage on a street or highway shall have a sign face area in - excess of sixty-four (64) square feet. ` •. (b) Authorized sign types shall be wall, I' window, or freestanding. 1 940914 10512-00001 Ij 059[371 9 - 2 3 - • - . ~ - ,• ; - ~ (c) No real estate..sign shall be - illuminated.? -- (d) No wall or freestanding real estate sign shall have a height-in excess of six (6)' . .~ feet, as'measured from grade. , - - (e) Every real estate sign authorized ' `, ~ hereunder shall be removed by the owner . of the nonresidential real property, or the owner's agent, within. ten (10) days after.-the nonresidential real property has been sold, leased or rented, or .the offer to. sell, lease or rent has F .• terminated. A sale shall be deemed to e have occurred upon the close of escrow. -. i. Sians Inside Buildings. Signs placed inside a building or structure which are visible from a ` sidewalk or other public right-of-way, and which - :are not otherwise excluded from the definition of. . ~ a sign,, are authorized, subi~ect to the following •.• .requirements: -• 1`. Such signs shall not be directly painted upon ~; - • - the windows or doors of any-building or ` structure; provided, however, that this - prohibition shall not•apply to holiday decorations which are. painted on windows. or • doors-for a period not in excess-of sixty (60) days. • -2. For security purposes, entrance doors .and windows providing visibility from a street or parking lot outside a building to a sales counter within a building shall `.remain free of signage. , - 3. Such signs, whether placed upon or within three (3) feet of a window, shall not. , ` ~ obstruct more than twenty=five percent (25$). of-the visibility into a building or •440914 10512-00001 Ij 0591377 9 - 2 4 the height of .such sign exceed. six (6) : ~ ~ feet above grade. .. (d) No window .sign shall exceed six (6) square feet in-area. (e) No~wall sign .shall exceed twenty percent (20$) of the signable-area of the wall on which such sign is placed; and such . sign shall not exceed five percent (5$) ' - of the building's face. The maximum .. height of •such sign shall not exceed ". . fifteen (15) feet above grade. (f) Eery sign authorized by this . _ subparagraph (1) sha11'be removed by the owner•'ofthe residential real: property, . f ' or the owner's .agent, within' ten (10) . - days after the residential real property .' ~, or the residential dwelling,unit has been. sold, ,leased or rented, or ..the ~~- offer to sell, lease or .rent has ~: • terminated. A sale shall be deemed to - have occurred upon the close of escrow. .2. Ooen House Signs. Open house. signs are • - ; authorized, subject to the following - requirements: . ,~ (a) One open house sign may be placed. on residential real property only during ~' those hours when the subject residential dwelling unit is open for public ~ . . ~ -• inspection without an appointment and ~~ F ~ ~ the owner or a real estate agent is . physically present on the premises. .• (b) No open house sign shall exceed six (6) .r . square feet in area, nor shall the . height of .such sign exceed four (4) feet . • ~ ~ above _, grade. 940914 10512-00001 Ij 0591377 9 _ ' 1-~ (c) Banners,.and fla's ma be . g Y placed on ,the. site o-f the subject residential dwelling - - unit only during those hours when such •dwelling unit is open for public - inspection without an appointment and the owner or a real estate agent is - present on the premises. -~ (d) Off-premises open house signs specifying - the direction or location of the open l house shall be subject to the following requirements: - (1) Such signs shall be limited to four., ^• - (4) in number and shall be placed, if at all u on ~ ~ • p private property r - ~ - and with the consent of the .property owner. (2) No such sign shall exceed six (6). ;_,: -' square feet in area, nor shall the - . height of such sign exceed four (4)~ - feet above grade. •. (3) No such sign shall be placed upon .... ~• ubls _ - P property or within the public right-of-way. - e. warning Signs. Signs conveying a warning, such as - "Danger", "Beware of Dog", "Keep Off The .Grass", or "No.Trespassing" are. authorized. Such warning . signs may be freestanding; provided, however, that '. such signs shall, not exceed six (6) square feet in , area; .nor-shall the height of~such signs exceed - four'(4) feet above,. grade. .Not more than one such - - ~ warning sign shall be placed for each~one hundred. (100) feet, or portion thereof, cf street ,frontage. .per lot . • f. Securit Protection Si ns. Signs indicating that - ~- the residential premises, including any accessory. ,. buildings,. are .protected by a security system are 940914 105'12-000OI Ij 0591977 9 _ 18 _ - •. : - ~ • T . p ~ :. p •authorized. Such securifiy protection signs maybe freestanding; provided, however, that such signs ` • shall not exceed six {6) square feet in area, nor- ~:. shall the height of .such signs. exceed four (4). ` - feet above grade. - • g..~ Garacxe Sale Signs. One double-faced on-premises . sign advertising a garage sale is authorized during; such time as a garage sale is being • ~ ,conducted in accordance with Section 25-16.18 of this Code. Such. sign shall not exceed six (6) ' square feet in area"and", if placed on a fence or .stake., shall not exceed six (6) feet in height -" above. grade. In addition, off-premises. • directional signs shall be. authorized during the same period, subject to the following requirements.: - • 1. Such directional signs shall be limited to . _ four (4) in number and shall be placed, if_at ~..- all uon P Private property. and with the • • consent of the property owner. 2. No such directional sign shall exceed three " • (3) square .feet in area. • 3. No such directional sign shall be placed upon public property or within the public right= • of-way. ~. All such directional signs shall be removed. " upon-termination of the garage sale. - ,':. h. Political Signs. Political signs may be placed on " a lot or parcel of land in a residential land use zone; provided, however, that the aggregate area of all political. signs on any such lot or 'parcel of land shall not exceed fifty (50) square feet.. • .' All political signs shall, be ,removed within seven (7j days after the election to which such signs relate. . 940914 10512-00004 Ij 0591377 9 _ 19 _ . I: y~ i., Special Event Signs. Temporary signs or posters - expressing•a political, social; religious, charitable, civic, educational, ors.cultural • message, including the announcement of a special: event, may be placed. on a lot-or parcel .of land in. a residential land use zone, subject to the •' - - following requirements: 1. Political Siqn Excluded. .The signs . authorized by this subparagraph i. shall not . include political signs referenced above in •subparagraph-h. . 2. Sign-Area Height and Setback. The total ,~ sign area per lot or parcel of land shawl not ° ` exceed eighteen {18) square feet. If placed ~ ° - • - on a stake or fence, no such sign shall 'exceed -seven (7~ feet in height,. - No such sign shall be placed-less. than 'ten (10•) feet from any public right-of-way:. . 3. Maintenance. All temporary special event - • signs shawl be maintained so as to be ~` structurally safe, attractive and clean: 25-33.5 Off-Premises Signs Authorized in All Non esidential . ` Zones Without a Permit -The following on-premises signs, if not connected to an electrical power source for the purpose of illumination, are authorized in all nonresidential land use zones in the City` without the necessity of obtaining.a.sign permit in accordance :with the provisions of subsection 25-35.2; provided, however, that all such signs shall comply. with all applicable requirements of this subsection: . a~. ~uildna.Directory Sign. One on-premises .directory sign 'per building is authorized, subject '~ ° ,, to the following requirements: .~ 1. A.bulding directory sign shall identify the • occupants of a building and shall. be visible. from a.sidewalk or a parking lot... 940914 10512.00001 Ij 0590377 9 - 2 0 J n .structure; provided., however, that 'where the frontage of a building abutting a"public right-of-way has windows with an aggregate area in excess of one hundred (100) square feet, all signage. placed .upon or within three (3) feet of .such windows', shall be limited to the lesser of (i) twenty-five percent of the: aggregate square footage or (ii) twenty-five (25) square feet of signage.- 4. Where merchandise is displayed behind-windows or otherwise in view of the public from the street, the price of each separate item of ' merchandise may be indicated in letters or ' '. numbers not exceeding one inch in height attached to or in proximity to the displayed' item. ' ~ 5• While a sale of merchandise is being ~, , conducted or while a~store is .being relocated,"temporary signs such as "sale," . "coming soon," "closing-out sale," or similar. ~. signs may be displayed facing each street frontage, provided that the aggregate area of such signs. is consistent with the provisions of subsection.3 above, no prices are advertised, and such signs are not maintained . for more. than thirty (.30) days in any ."consecutive 180-day, period. . ~ ~ 6. Announcements such as available parking, acceptability of credit. cards,, trade . ~ ~ association memberships, and,the-like,.may be displayed"inside a building, provided that. such announcements are limited to a total of . 150 square inches facing each street - frontage. 940914 10512-00001 dj 0591377 9 _ 2 c, _ • - a . _. ` 25-33..6 On-Premises Si ns Authorized in Commercial .Manufacturin and Other Nonresidential Zon s •` Subect'to the Issuance of a Sign P_er_ . The .following on-premises signs. are authorized in` -commercial, manufacturing and other nonresidential land use zones ~ . in-the City, :subject to the application for and issuance of a sign permit in accordance with the provisions of~subsection 25- .. 33.2; provided, however, that all such signs shall comply with } - all applicable requirements of this subsection: a. Awning, Marquee or CanoAV'Signs. An awning, - marquee or canopy sign may be authorized for each - business or.other occupant of space on the ground • -floor of a building that abuts a parking lot, a -. ~ mall,: or a street (excluding. alleys and ~ • serviceways), subject to the following - restrictions: ~ ~ ~~ 1._ One Business.:Name. Only one name of a . .business or other occupant .shall be displayed on each awning; marques or canopy sign. 2. Sign.Face Area. The signage on an awning, • `, marquee or canopy sign shall not exceed ..forty.. - percent (40$) of the background area on which the signage is.displayed; provided.,,however,~ - that the signage on an awning, marquee or • l canopy.sign affixed to a building utilized as a . theater or for the showing of motion pictures may cover one hundred percent (100$)- ' of, the background area,• . ~ 3. ~Encroachment.Limitaton.. An. awninq,~marquee or canopy sign shall not extend to within two (2) feet of a curb line. _ 4. Size Limitation. The size of any awning, ,: -. y ~ - - 1 marquee or•canopy sign shall not be greater . ~ than the.sgn of the fascia on which it is a I mounted. 1 940914 (0512-00001 Ij 0591377 9 - 2 6 - y • - • .. ; 5. Slope Limitation. The face of any awn,inq, marquee or canopy sign shall not be mounted so as to slope more than sixty (60) degrees from the vertical plane. 6. Underside Mounting. A sign may be mounted on the underside of an awning, marquee or canopy, subject to the following restrictions: (a) The area of any such sign shall n not exceed eight (8) square feet. - (b) The clearance from grade shall be note less than eight (8) feet, where- pedestrian uses are involved, and not less than fourteen (14) feet, where vehicular uses are involved. (c) All such signs shall be mounted perpendicular to the wall of the building. (d) No such signs shall be located.closer to any side property line than twenty-five (25) feet, or one-third (1/3) of the width of the property as measured from the street frontage, whichever is less. b. Business Information Sigma. Business information signs may be authorized, subject to the following restrictions: 1. .Number of signs. Only one business information sign shall be authorized 'for each building face. 2• Freestanding Business Information Sign. Any business information sign in the form of a - freestanding sign shall comply with the •' requirements set forth in paragraph b. of . subsection 25-33.5. 950914 IOSI2-00001 Ij 05913779 _ 2.~ • F `, • ~,. • c• Monument Sicrns. Monument signs whichidentify or .. -: .. advertise a business may be authorized, subject to - .. the-following restrictions: •. 1. • Location. No monument sign shall be . authorized unless. the parcel of property has at least one' hundred fifty (150) feet of • - ° '~ ° ~ ~ street frontage., With regard to corner ., ~ parcels, the frontage on only one street shall be counted in determining whether this • - requirement.is satisfied. ' :x 2. Setback. A11 monument signs shall be set ~~`. back at least five (5:) feet from the'~street . right-of-way. ' 3. Sign Face Area. The sign face-.area on.`a ' monument'sign shall not-exceed a maximum of .: ~. ~ twenty-five (25) square feet on each side. ., ~ - ° 4. Height. In commercial and other: nonresidential .land use zones, excluding ', ~, manufacturing..zones., the maximum height of a ' ^- :monument sign shall not exceed six (6) feet• • ' above finished grade. In manufacturing .land ~, use zones, the maximum height shall not ° .exceed eight (8),feet above finished-grade. . ~ 5.~ Modifications. Notwithstanding the - - limitations,set'forth above. in subsections 3 and 4, a greater"sign .face area, and a ' ~ greater height, for monument signs°may be . ~ authorized in connection with the City's site • •, ~ plan review process for any new commercial or industrial .center, provided that the sign .face :area per side shall not exceed one- _ . . hundred (100) square feet; and the .~ieight ' _ shall not. exceed ten (10) feet above finished ,. grade... • '~ 6 Limitations. Monument signs shall also be .subject to ,the following requirements:. 940914 IOSf3-00001 Ij 0591377 9 _ 2 8 _ (a) All monument signs. shall be erected within a landscaped area or planter of a size not less than the total sign face area ,of the monument sign. (b) Monument signs may be directly or indirectly illuminated. (c) Only one monument sign per parcel shall be authorized. (d) The informational content of a monument . sign shall be limited to the name or address, or both, of the business, as set forth in the business license or permit issued by the City, as well as any established trade logo. (e) 'No monument sign shall advertise or display the brand name or manufacturer's name of any goods,~products or services- ,: . ~ unless such name is part of the name identifying the business. ~. ~~ d. Freestanding Sians. Freestanding on-premises signs which identify or advertise a business may be authorized, subject to the following restrictions: 1• Location. (a) No freestanding sign shall be located within two thousand (2000) linear feet from an off-ramp of any freeway within the City. (b) All freestanding signs shall be placed on a lot or parcel which (i) has an area of not less than fifty thousand (50,000) . square feet, and (if) is on a corner adjacent to two (2) streets, each of which has a minimum width of eighty (80) feet. 940914 10512-00001 li ~5oI377 9 - 2 9 e. (a) All freestanding signs shall be set back at least five (5) feet from any street- - abutting property line. (b) No portion of any freestanding sign -shall overhang or encroach upon any right-of-way or established setback .line, nor shall it project over any parking lot or driveway. 3. Height. No freestanding sign shall exceed a height of thirty-five (35) feet as .measured from grade to the sign's highest point. 4. Sign Face Area. The sign face area on a freestanding sign shall not exceed two (2) square feet for each linear foot of street • frontage, up to a maximum of two hundred (200) square feet of sign face area. The street frontage of a corner lot or parcel shall be calculated only along one street. 5. Development Standards. ' (a) Any angle iron or secondary support-for a freestanding sign shall be enclosed 'within impermeable material ~in such a manner as to shield the angle iron or secondary support from view. (b) A freestanding sign shall be in compliance with all development standards which may be imposed by the City in connection with site plan approval, conditional use permit appY~oval, or other discretionary entitlements. Wall Signs. On-premises wall signs which identify or advertise a business may be authorized, subject to the following restrictions: 940914 I0512.OOOOI Ij 0591377 9 _ 3 ~ _ ~, ~ .' ~ - - 1. 2. 3. 4. y n e peak of the roof of a building nor the top of a parapet of a building. (b) No wall sign shall be displayed on the side wall or walls of a.building on the Number. One wall sign may be authorized for each .outside wall~to identify or advertise those business enterprises which jointly - occupy a building fronting on a parking lot, a mall,. or a street (excluding alleys and serviceways). Sign Area. (a) The total area of all wall signs that face a street shall not exceed one square foot per linear foot of street frontage, up to a maximum area of one hundred (100) square feet. (b) The total area of all wall signs that - face side yards or rear yards shall not exceed one square foot per linear foot of lot line length, up to a maximum area of one hundred (100) square feet. (c) Wall signs which identify a building"~'- shall not exceed one square foot per linear foot of street frontage. (d) The maximum permissible area of a wall sign on any single wall shall not be increased by transferring available unutilized space from one side of a . building to another side. Height. The maximum height of wall signs shall not exceed twenty-five (25) feet above grade; provided, however, that this limitation shall not apply to a wall sign which identifies a building. Location. (a) No wall sign shall extend be o d th 940914 1051?-00001 Ij 0591377 9 - 3 1 - site of which any freestanding sign has been placed, other than a freestanding ' sign within ,a parking lot. (c) No wall sign shall be placed upon any architectural protrusion of a building which has been constructed subsequent to '~ April 21, 1983. - 5. Projection. - (a) The maximum projection of a wall sign - shall not exceed fourteen (14),.,..inches. (b) No wall sign shall project over any parking lot, driveway or public alley unless the lowest point. of the wall sign is at-least sixteen (16) feet above grade. f. Special Activity Promotional Sians. Promotional signs which identify or advertise a special activity of a business enterprise may be - authorized, subject to the following restrictions: - 1. Number. No more than -two (2) permits for special activity promotional signs shall be issued by the Department of Community Development within any calendar year for the same premises. 2. Duration. All special activity promotional signs shall be removed not later than thirty (30) days after issuance of the permit. 3. Maintenance: (a) -All special activity promotional signs -shall be maintained by the permittee in -good condition and repair. (b) The Department of Community Development - shall give written notice to any . - permittee who fails to maintain special - activity promotional signs in good condition and repair. If the permittee 940914 10512-000OI lj 0591377 9 - 3 2 .~ • h. i. ' ~ • . fails to remedy the matter within seven (7) days, any special activity promotional signs in disrepair shall be removed by the City at the permittee's expense. g. ,Traffic Directional Signs. Traffic directional signs may be authorized, subject to the following restrictions: 1. Number. Any number of traffic directional signs may be authorized, whether of a wall type or freestanding. 2. Sign Area. No traffic directional sign shall have an area in excess of six (6) square feet. 3. He-fight.. No traffic directional sign shall exceed seven (7) feet in height. 4. Signage. The signage on a traffic directional sign shall consist of lettering not to exceed a,height of five (5) inches. 5. Illumination. A traffic directional.sign shall, if illuminated, be indirectly illuminated. Mu=. Signs in the form of murals may be authorized, subject to. the following restrictions: 1. The proposed placement, height and overall area of a mural shall be approved by the' Department of Community Development. 2. No~written message on a mural shall exceed three (3) percent of the total area of the mural. 3. No mural shall directly depict any product sold or service provided on the premises. Noncommercial Messages Authorized. Notwithstanding any contrary provisions contained in this subsection, the permissible sign face area of any on-premises sign authorized by a sign 940911 10c OOOOI li nco~,-- ~ - 33 - • ~ • . 25-33.7 a. b. c. d. permit in a commercial, manufacturing or other nonresidential land use zone may contain or display a noncommercial message or noncommercial copy in lieu of any other message or copy otherwise required for .an on-premises sign. -Authorized Si ns for Certain S ecified Businesses. .and Facilities "Drive-Through" Restaurants. Menu boards may be authorized by permit for "drive-through" restaurants, subject to the following restrictions: 1. Number: Only one freestanding menu board and one wall sign shall be authorized for each automobile service window. 2. Size. The size of a menu board shall `not exceed ten (10) square-feet. 3. Height. The height of a menu board shall not exceed seven (7) feet, as measured from grade. Automobi a Service stations. Signs for automobile service stations shall be authorized by permit in accordance with the provisions of paragraph d,of Section 25-16.17 of this Code. Theaters. Posters may be placed~in the outer lobby of a theater without the necessity of obtaining a sign permit; provided, however, that any such poster shall.. be glass-encased and, if illuminated, shall be in compliance with all applicable. provisions of the Electrical Code. Recreational Fields. An on-premises sign may be placed upon the interior portion of a fence or wall located on the perimeter of a recreational field, without the necessity of obtaining a sign permit; provided, however, that no such sign shall be in excess of twenty (20) square feet nor shall 940914 10512.00001 Ij 0591377 9 - 3 4 - • it exceed the height of the fence or wall on which it is. placed. e. Businesses Rectuirincr Conditional Use Permits.• -Signs for businesses which require a conditional use permit shall be authorized in accordance with any special provisions in this Code•which apply to such signs, or, in the absence of any such special - provisions, in accordance with such requirements as may be imposed by the Planning Commission or, upon appeal, by the City Council. 25-33.8 Special Provisions Relating to Street Banners a. Notwithstanding the provisions of Subsection 25-33.3 a.2., an application for a special permit may be made to the Director of Public Works for the temporary placement of a street banner across the public right-of-way. Any such specialrpermit shall be subject to the approval of the City Council. b.- The auth®rized locations for street banners,, the approved methods of suspension, the required clearances, and the dimensions, colors, materials and size of copy on any authorized street banner shall be set forth in regulations promulgated by the Director of Public Works. c. Only the following messages shall be authorized to be displayed on street banners for which a special permit is issued: ~1. .Announcements of special events in the City sponsored by nonprofit organizations. 2. Announcements of special events.in the City which have been authorized~or approved-by the City Council, such as holiday celebrations, '!sidewalk sales" parades, or similar special events. . d. -Authorized street banners shall be displayed not more than two.. (2) weeks prior to the special event 940914 10512-00001 Ij 05913?? 9 3 r) ~. final. If the sign or advertising display is not removed within said seven (7) day period,... the sign or advertising display shall be~ subject to removal as a public nuisance in accordance with the provisions of~Section 3-13 of this Code, and all costs of~such removal shall be assessed to the ,owner of such sign or advertising display as provided in said section. 25-33.11 Removal of Signs Made Nonconforming by 1994. ordinance. a. All existing signs or advertising displays which were lawfully erected and which have become nonconforming solely as a consequence of the regulations set forth in this-section shall either be removed or brought into compliance with the Code requirements herein specified within the period of time prescribed herein dating from the effective date of the ordinance codified in this section. ;:;~. ~b. All nonconforming signs or advertising displays subject to this subsection shall be removed or brought°into compliance with the Code requirements herein specified in accordance with the amortiza- tion schedule set forth below in paragraph f. c. In order to utilize the amortization schedule, the. owner, or the owner's agent, shall provide to the Director of Community Development the market value of any sign or advertising display which has been made nonconforming by these Code requirements. The'.market value of any nonconforming sign or advertising display shall be based upon the . original cost, including cost of installation, of . said sign or advertising display less ten 'percent (10~) of the original cost for each year 940914 10512-00001 Ij 0591377 9 4 5 _ 940914 10512-00001 Ij 0591377 9 any such sign be resolved by a mutual agreement between its owner~or owners and.the~ City, as authorized by Business-and. Professions Code §5412. All nonconforming signs which, pursuant to the provisions of this subsection, are required to be removed shall be removed as follows: 1. Where No Aooeal ~is Taken. If no appeal is taken from any determination of the Director of Community Development within the applicable time period specified below in subsection 25-33.13a., the owner of a nonconforming sign or advertising display shall remove such sign or advertising display, at the owner's sole expense, within fifteen (15) days after the specified removal date. If the sign or advertising display is .not removed within said fifteen (15) day period, the sign or advertising display shahh ~.. be subject to removal as a public nuisance in accordance with the provisions of Section 3-13 of this Code, and all costs of such removal shall be assessed to the owner of such sign or advertising display as provided in said section. 2. Where Appeal is Taken. If an appeal is taken from any determination of the Director of Community Development within any applicable _ time period specified below in subsection 25-33.13, and' a determination on any such appeal, which is adverse to the owner, of a nonconforming sign or advertising display becomes final, the owner shall remove such ~. sign or advertising display, at the owner's sole expense, within seven (7) days after the determination on any such appeal becomes - 44 - of all nonconforming signs referenced in this .subsection as follows: 1• The~Director of Community Development shall 'initiate proceedings for the removal of all existing on-premises signs referenced above in paragraph a. which became nonconforming upon the effective date of Ordinance No. 1200; provided, however, that .the five-year amortization period for any such existing on- premises sign shall be deemed to have been extended to the date of notification of the sign's removal date; and, provided further, that the appeal procedures set forth in subsection 25-33.13 hereof shall be _ applicable to any such mandated removal. 2. The Director of Community Development shall • initiate proceedings for the removal of all. ~• ~ existing off-premises signs referenced above .~. in paragraph b. which became nonconforming and subject to removal upon the effective date of Ordinance No. 1200; provided, however, that if the Director of Community Development determines that any such • .nonconforming off-premises sign is.subject to removal, and this determination is disputed by the owner or owners of such sign, or the owner or owners of the land upon which such sign is located, then the appeal procedures ,set forth in subsection 25-33.13 hereof shall be applicable. In addition, the Director of Community Development and the City Attorney • ~ shall review all available facts relating to . the erection, maintenance, use, and amortization of such sign. In order to avoid litigation, the City Attorney may recommend, where warranted, that disputes relating to vao9ia ios~z-ooooi ry os9i3n 9 - 4 3 - - (d). Replaced, after incurring .damage or, -~~ ~. destruction in an amount exceedin g fifty °f ~ percent (50$) of the signs-value at the'-~ time of such damage or destruction. ~- 2. All on-premises signs which became - - nonconforming as a consequence of the "' adoption of'Ordinance No. 1200 were required . to be removed, at the expense of the sign owner, not .later ahan five (5) years after a. the effective date'of Ordinance No. .1220, - "~ subject to notification- by ,the Director of - - Community Development as to the sign's - .. - .'removal date sixty (60) days prior to such - removal date.- ,. b. The-City Council finds-•and determines that • - • ~' Ordinance- -No. 1200, which became effective on or ~ • .. about-May 20, 1983, and which was thereafter.. ;. - codified in the Code as Section 25.33, entitled .. ., "Regulation of Signs",'provided for the maintenance and removal of certain categories of • • ~ ~ ,nonconforming-off-premises. signs as follows: . 1._ Nonconforming-off-premises signs located in allresidentia-1 land use zones were required - to be removed pursuant to Section 5412`.1 of - -. -. the Business and Professions Code. • 2.; Nonconforming off-premises signs located in .all agricultural land use zones were required - . . to be removed pursuant to Section 5412.2 of the Business and Professions .Code. - 3.- Nonconforming off-premises signs located-in ,` all land use zones .other than residential or -I agricultural were required to be removed . ; ' pursuant to Section. 5412 of the Business and , ' - Professions :Code. - c. The Director of Community Development is .,. • a '~ authorized to initiate proceedings for the ,removal . - I .. 9409t• {0512-00001 ij 059P377 9 - _ 4 2 _ - - ~ ,. • by relocation of streets or highways or by acts of the City. c. The burden of establishing the useful life of any on-premises advertising display which is subject to any of the provisions of this subsection shall be upon the owner thereof. d. All on-premises advertising displays which are determined by the Director of Community Development to be illegal, abandoned, or otherwise subject to removal or abatement pursuant to this subsection are hereby declared to be public , nuisances and shall be subject to removal and abatement in accordance with the provisions of Section 3-13 of this Code. 25-33.10 Removal of Si s Made Nonconfo in b Ordinances a. -The City Council finds and determines that Ordinance No. 1200, which. became effective on or about May 20, 1983, and which was thereafter codified in the Code as Section 25-33, entitled - "Regulation of Signs", provided for the maintenance and removal of certain categories-of nonconforming on-premises signs as follows: 1• Subject to the amortization schedule specified below in paragraph 2, a nonconforming on-premises sign was authorized to remain in place, and to be -maintained, and to have its copy ,changed without the necessity of obtaining a sign permit•or filing a "notice of intent," so long as such nonconforming sign was not: (a) Converted to another type of nonconforming sign. (b) Structurally altered to extend its useful life. (c) Elevated, enlarged or expanded. - 940914 10512-00001 Ij 0591377 9 - 4 1 - • - • City in removing an abandoned display may be charged to the legal owner. (c) Any advertising display which has been more than fifty percent (50$) destroyed., the destruction requires other than facial copy replacement, and the display cannot be repaired within thirty (30) days of the date of its destruction.. (d) Any advertising display whose owner, outside of a change of copy, requests permission to remodel and remodels that advertising display, or to expand or-ta enlarge the building or land use upon.. which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling,. or the cost of construction, enlargement, or remodeling of the - advertising display exceeds fifty percent (50$) of the. cost of reconstruction of the building. (e) Any advertising display whose-owner seeks relocation thereof .and relocated the advertising display. .. (f) Any advertising display for which there has been an agreement between the advertising display owner and the City for its removal as of any given date. (g) Any advertising display which is temporary. (h)_ Any advertising display which is or may become a danger to the public or is unsafe. ' (i) Any advertising display which. constitutes a traffic hazard not created 940914 10512-00001 Ij 059(377 9 _ 4 ~ _ b. 940914 10512-000OI Ij 0591377 9 • _ _. • identifies an ongoing business, product, or service available on the busines's premises where the display is located. 3. The City may impose reasonable fees upon all owners or lessees of on-premises business advertising displays for the purpose of covering the City~s actual cost of inventorying and identifying illegal or abandoned advertising displays within the City. The actual cost to the City shall be fixed upon a determination by the City Council of the total estimated reasonable cost as submitted by the Director of Community Development. The fee to be charged to owners or lessees shall be established by resolution of the City Council. Not later than six (6) months after the effective date of this section, the Director of Community Development shall identify and inventory the following category of advertising displays: 1. All on-premises advertising displays which, - when erected, had a useful life of less than fifteen (15) years, and which are subject to removal and abatement by virtue of meeting any of the following criteria: (a) Any advertising display erected without first complying with all ordinances and regulations in effect at the :time of its construction and erection or use. (b) Any advertising display which was lawfully erected, but whose use has ceased, or the structure upon which the display is .located has been abandoned .by its owner, for a period of not less than ninety (90) days. Costs incurred by the - 39.- • ~ • of its co;Astruction and erection or use.. Such ordinance or regulations may have imposed a requirement that the advertising display be erected under the authority of a building permit issued by the Building Official, or a sign permit issued by the Director of Community Development, or an encroachment permit issued by the Director of Public Works, or a "notice of intent",for an exempt sign filed with the Director of Community .Development. (2) The on-premises advertising display - was lawfully erected, but its use has ceased, or the structure upon which the display is placed has been abandoned by its .owner, not maintained, :or-.not used to identify or advertise an ongoing business _ for a period of not less than - .ninety (90) days. (3) The on-premises advertising display was lawfully erected and later became nonconforming as a result of the City's adoption of a pre- ~ - existing ordinance and the amortization period for the display provided by the ordinance rendering the display nonconforming has • expired. (c) "Aba ndoned advertising display" shall mean any display remaining in place.or not maintained for a period of ninety (90) days which no longer advertises or 940914 10512-00001 Ij 0591377 9 _ 3 8 _ goods produced, sold or available for sale, upon the property where the advertising display has been lawfully, created. 2. For the purpose of this subsection, the following shall apply: (a) This subsection shall not apply to advertising displays which have been placed within six hundred sixty (660) feet from the.. edge of the right-of-way of, and~the copy of which is visible from, interstate highways or primary highways which intersect, or adjoin the boundaries of, the City, which ,advertising displays are used exclusively in the outdoor advertising business and one subject to regulation under the Outdoor Advertising Act. A11 such advertising displays shall be separately identified and inventoried by .the Director of Community Development. Thereafter, the Director and the City Attorney shall review all available facts relating to the. erection, maintenance, use, and amortization of such advertising displays and determine whether such-has been done in accordance -with all applicable state laws and City ordinances. - (b) An ors-premises advert? s~„r~.a d:isnlav sha.,l,~ be deemed to be illegal it any o! the followinq,is applicable: ' (1) The on-premises advert~isinq display was erected without filst complying with all ordinances and regulations of the City in effect at the time 940914 10512-000OI Ij .0591377 9 _ 3 7 _ which they announce and shall be removed within. - five (5) working days after the special event has concluded. e. Christmas decorations displayed between thirty (30) days prior to and fifteen (15) days after December 25, and street banners displayed in connection with City-sponsored special events are not subject to this subsection. 25-33.9 Identification and Inventor o Ille al Abandoned and Nonconformin On-Premises Adve tis'n D s la s a. Not later than six (6) months after the effective date of this section, the Director of Community Development shall identify and inventory the following category of advertising displays: 1. All illegal or abandoned on-premises advertising displays. For the purposes of this subsection, the term "on-premises advertising display" shall be defined as set forth in Section 5490 of Chapter 2.5 of the California Business and Professions Code and shall mean any structure, housing, sign, device, figure, statuary, paintinq,~ display, message placard, or other contrivance, or any part thereof,-which has been designed, constructed, created,. intended, or engineered to have a useful life of fifteen (15) years or more, and intended or used to advertise, to provide data or information in the nature of advertising, for any of the following purposes: (a) To designate, identify or indicate the . name or business of the owner or . occupant of. the premises upon which the advertising display is located. (b) To advertise the business conducted, . services available or rendered, or the vao9ia iosiz-ooooi i~ os9i3~n 9 - 3 6 - :- • . 25.,- "Residential,. subdivision sign" shall mean a ." freestanding sign which advertises the - - ~ initial sale or lease of a development consisting of up to fifty (50) residential.. dwelling units.. .. - 26. "Roof sign" shall mean a sign which is o -. erected upon or directly above a roof,,~;or ` ~ which projects above the parapet of .a building. • 27. "Sign!' shall .mean any structure or device,`- . .,. _ _. " •~ including. any framework, support elements, -"_~ bracing materials, or structural components thereof, which is used for, visual " ,.. '- communcation`or attraction, including but _ • - not limited to those ,types of signs specified "" ~~. in this section, and any advertisement,, - display, illustration, emblem, insignia, symbol, trademark, logo, lettering, or other visually perceptible format which expresses ~~ any idea, identifies an place or . - Y Person thing, or promotes any. goods, products, . services or commodities. .28. "'Special activity promotional sign" shall ,- mean a~temporary sign made of cloth, paper, -• plastic or similar material which .takes the -`form of a banner, balloon, flag, placard; or similar .device, or which is painted on a window, and which is intended to induce a commercial transaction on the premises where the sign is located. Multiple pennants are' - expressly excluded from the definition of a "special activity promotional sign" and .are. '. . not. authorized hereunder. ~ ~• 29. "Traffic directional sign" shall mean a sign . ...which is solely intended to direct pedestrian ` - -` traffic or vehicular traffic,: or both, to or 9ao9ia ~ostz-oooo- i~ os9i3~~ 9 - 5 6 - - •• • y,~, which is designed, constructed, created, engineered, intended, or used to advertise, or to provide data or information in the nature of advertising to (i) designate, identify, or indicated the name .of the business of the owner or occupant of the premises upon which the advertising display is located; or~(ii) advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected. 20. "On-premises sign" shall have the same meaning as "on-premises advertising display." 21. '!Outdoor Advertising Act" shall mean . Chapter 2 of Division 3 of the California Business and Professions Code (commencing with Section 5200 thereof), as said chapter .now exists or may hereafter be amended. 22. "Political sign" shall mean any signn which is - designed to influence the action of voters at any national, state or local election in connection with (i) the election or defeat of a candidate for nomination or election to any public office; or (ii) the passage or defeat of a measure appearing on the ballot. 23. "Projecting sign'! shall mean a sign which is attached to the exterior of a building or structure and which is not parallel to the building or structure to which it is .attached. ,24. "Real estate sign" shall mean a sign which indicates the availability of land, buildings or structures for sale, lease, rent, exchange or other permanent or temporary disposition. 4aos~a ios~z-oooo~ i~ os9~sn 9 - 5 5 - ,' •, .. .. 15. "Menu board" shall mean a sign that is displayed on the premises of a "drive- through" restaurant to identify for patrons the food products available and the prices of such products. - 16. "Monument-sign!' shall mean a freestanding sign which is erected within a landscaped area or planter of a size not less than the total sign face area of such-sign, and which identifies the name or address, or both, of the business located on the premises where such sign is erected, as well as any established ,.trade logo. 17. "Off-premises advertising display" shall mean: (i) any sign which advertises or otherwise directs attention to a use, facility or service which is not located on the premises where such sign is placed; (ii) any sign identifying a product (which may or may not be identified by a brand names) which is not produced, sold, or manufactured on the premises where such sign is-placed; and (iii) any sign which advertises- or otherwise - directs attention to an activity, event, institution, business or product which occurs or is generally conducted, sold, manufactured, produced or offered elsewhere - than on the premises where such sign is placed. 18. "Off-premises si-gn" shall have the same meaning as "off-premises advertising display." - , 19• "On-premises advertising display" shall mean , any structure, housing, sign, device, figure, statuary,. painting, display, message placard, or other. contrivance, or any part thereof,. eso9is iosiz-ooooi i; os9is» 9 - 54 - ~~ _ . . 9. 10 -.~4.w.. ~.: 11. 12. 13. 14. supported by, .the e3cterior wall of a building; (ii) provides protection from the elements to pedestrians below, or to occupants within the building; (iii) is usually positioned above a window or a door; and ( iv) is permanent, in that it is. not retractable and cannot be removed from the building without altering the building structure. "Canopy sign" shall mean a sign. that is affixed to or painted upon a canopy. . "Convenience identification sign" shall mean a sign which identifies a facility available to~the public, such as a rest room or telephone, or which identifies a service offered to the public, such as the acceptance of credit cards. "Freestanding sign" shall-mean a sign which is not affixed to any building and which is entirely supported by one or more poles or other structural elements which are either within or upon the ground. "Lawfully erected" shall mean, in reference to any off-premises or on-premises advertising display, an advertising display which was erected in compliance with state laws and local ordinances in effect at the time of their erection or which was subsequently brought into full compliance with state laws and local ordinances. "Marquee" shall mean a roof-like strueture, similar to an awning or a canopy, which is cantilevered or .projects over an entrance to a building, such as a theater. "Marquee sign" shall mean a sign that is affixed o or painted upon a marquee. 91091) 10512.00001 Ij 0591377 9 - 53 - .. _." _ ., the building; and (iv) extends eight (8) inches or more from the wall of the building. 3• "Awning" shall mean an architectural feature that ('i) projects from,"and is totally supported by, the exterior wall of a building; (ii) provides protection from the elements to pedestrians below, or to occupants within the building; (iii) is usually positioned above a window or a door; and ( iv) is pe~~manent, in that it is not retractable and cannot be removed from the building without altering the building structure. 4• "Awning sign" shall mean a sign that is affixed to or painted upon an awning. 5• "Backdrop wall sign" shall. mean a sign placed upon a free-standing wall to the rear or to the side of a business which is conducted primarily in the open, such as an equipment rental, boat sales, nursery, or vehicle sales establishment. ~~ 6.• "Building directory sign" shall mean a freestanding sign or a sign affixed to the wall of a building which identifies the name of the building, or the names or trade logos of the tenants or occupants of the building, or all of such elements. ~• "Business information sign" shall mean a sign which identifies the name. and address of a business which is located on the premises where the sign is erected, o~- the name of the owner of such business, or the hours of operation of such business, or emergency information, or all of such elements. $• "Cano~;y" shall mean an architectural-feature that (i) projects from, and is totally 940914 00512-0000( Ij 059(377 9 - 52 - • _. ~ y ostensible owner. of ..such sign, if such owner can" be identified, that its.sign has, been removed. and is being held at City Hall, or any other specified location, and that' it will be destroyed if not ~. ~ claimed by the owner within ten (10) days after ~_ - ° the date of such notice.` ~If the owner- does not' ` ~ claim such sign within said ten (10)~day period, ~.the.Director may destroy or otherwise dispose of . ~ .. ~~ such sign. c. whenever any ambiguity may arise as to the. - interpretation of any provisions of this section, ,. :.. ,f -.: ,. . theapplicant fora sin ~ ., q permit, or a permittee, '- may request that the Planning Commission make a ` determination as to the meaning and.the- ,.. .. ~ .application of any such provision.. Any such. '.. -request shall be .accompanied by any applicable- - - filing fee .established by resolution of the.City ' ~ Council . ~ ~ ~ . ~.~ ~ 25-33.15 Definitions .a. All terms defined in this. subsection are applicable to .terms used in this section unless ' otherwise defined herein. ~ ' b• '~ The following terms when used in this section ' .shall have thefollowing-meanings: 1. "Advertising-structure" shall mean a ;~:• - structure of any kind or character which is erected or maintained for advertising ~ . ,` _ ~ purposes, and upon which, any. poster, bill, . ~` printing, painting or other advertisement ofe . ~ any nature .whatsoever ~~ay be placed for advertising purposes.. 2~.. "Architectural protrusion" shall mean an ; . architectural feature that,{i) projects from the. wall of a building; (ii) constitutes.~an . integral part of the design of such wall.;. (iii) provides no usable interior space-for .. `940914 10312-0000[ 1j 0591377 9 5 1 • • - • appellant within ten (10) working days after the receipt of such request. A•copy of any such decision shall be transmitted to the City Manager for delivery to the City•Council. d. The owner of a nonconforming sign or advertising - display who is aggrieved by the determination of the Director of Community Development rendered e. 25-33.14 a. pursuant to paragraph c. above may appeal such determination to the Planning Commission in accordance with the provisions of subsection 25-32.2.f. herein. Such appeal shall be ~~ accompanied by any applicable filing fee established by resolution of the City Council. The procedures for the Planning Commission's public hearing on the appeal shall be those provided.in subsection 25-33.2.f. hereof. The owner of a nonconforming sign or advertising display who is aggrieved by the determination of the Planning Commission rendered pursuant to subparagraph d. above may appeal such determination to the City Council in .accordance with the provisions of .subsection 25-33.2.f. herein. Such appeal shall be accompanied by any applicable filing fee established by resolution of the City Council. The procedures for the City Council's public hearing on the appeal shall be those provided in subsection 25-33.2.f. hereof. Enforcement The Director~of Community Development, and the Director's designated representatives, are authorized and directed to enforce the provisions of the ordinance codified in this section. b. The Director of Community Development shall immediately remove or cause to be removed any sign unlawfully placed. or located on public property. The Director shall notify in writing the 940914 10512-00001 Ij 0591377 9 _ 5 ~ _ ., -~ . ,, . _ .,~., ;. , . r . ', ~ ~ ~ date set. forth in a notification from the Director _ of Community Development, such owner may within. ten {10) days from the receipt thereof, appeal to the Director of Community Development for a review o€. the specified. removal date. b. The owner of the nonconforming sign or advertising ` display` shall have the burden of justifying any • ~~ requested extension of .the specified removal. date by reference to factors which demonstrate that the specified removal date is unreasonable, or creates . an undue hardship, which factors may .include the . following: • ~• 1. The original cost .of the sign or advertising . display. 2. The depreciated value of the sign or advertising display on the effective date. of the pre-existing ordinance which caused such . .signor advertising display to-become nonconforming. - t 3., The remaining useful life of the.. sign 'or . ~ advertising display. • _ 4. fihe remaining term of the lease, if any, `. under which the sign or advertising display' 'was erected and is bengmaintained. •5. Such additional facts or circumstances which . `demonstrate that the specified removal. date ~. ~~ is unreasonable or that it creates an undue hardship, and that an extension og the . specified removal date is therefore warranted. c. The Director of Community Development shall review . and evaluate any requested extension of the ' _ '. ~ ,.specified removal date submitted by the owner of a ` nonconforming sign or :advertising display. A :written decision regarding such requested extension shall be prepared and delivered to the ' 940914 (O51?-00001 Ij 0591377 9 ~ - 4 9 - . .. ~.- 4 ~ i ..a. . • . .. , . 1• As to any section o~ freeway which was; • landscaped as'of August 2, 1962, removal' was ' . _ :. , N - required within three (3) years"after said _" date. . 2. Subsequent to•August 2,"1962, removal was ' required. within three (3) years from the date ~~.~ ~ that the freeway was declared a-landscaped freeway by the. Director of Transportation of ~•~ ' ~ the State of California, or the, Director's ~' designee, and the character of the freeway- , ~ ~ was. changed from a freeway to a landscaped. freeway. b. All advertising displays in existence as of the •- . ~ :effective. date of this aection, and. which were or • • . " are' now required. 'co be removed in accordance with - the provisions set forth above in paragraph a., shall be subject to removal and abatement; provided, however, that such removal and abatement • - ~ .. shall not apply,. to any lawfully erected .. . • - advertising display which the owner establishes ...~ ~ has .been and is being. used exclusively. for any .of the following purposes:. 1. To advertise the sale or lease of the property upon. which such advertising display is located. _ . 2. To designate the name of the owner or ~• occupant of the-premises upon which. such • : ~. advertising :display is~ located, car to .• identify such premises. ~~ ' 3. 'To advertise goods manufact~~red or produced,, - .. ' ~ • or services rendered, on the= property upon ~, , .. p ~ • which such advertising display is .located. 25-.33,.13 ADbedls -from Determinations Requiring, Removal of - ' - Nonconforming Signs and Advertising Displays . r . ~ a. If the owner of a nonconforming sign or advertising~dsplay disputes the specified removal ~,° ,.: - _940914 1 05 12-00001 Ij 0591377 9 _ 4 8 _ • ~. • ' AMORTIZATION; SCHEDULE. 'Market Value On Date Of Period For Removal . ~ Notice.Of Nonconformity Or Modification (Yearsl Under $1,19.9 2 ' . ' - ' S2 , 000 to $3:., 999 ~ r . - 3 ,- $4,000 to $5,999 4 .' $6,000 to $7,999 5 . . $8,000 to $9,999 , ~. ~ . 6 ' 510,0,00 and over 7. ~. ,:g All nonconforming signs and advertising displays• :. shallbe removed or .modified prior to or-.upon ahe ~' ~ applicable date specified for removal in paragraph .P f above. The failure to remove or to modify a nonconforming sign or advertising display within the time specified therein shall constitute a violation of this section and shall subject such '- " sign or advertising display to removal as a public ,. . nuisance. in accordance with the provisions`'of - :: Section 3-13 of this Code. All-costs of such ~. ~ removal `shall be assessed to the owner of such -sign or advertising .display as provided in .sand ~. " . a - section. 25-33.12 $emoval of Advertisinct Displays Adjacent to ~. ~ ~. ~Landscaned Sections of Freeways. a. The.`City.Councl finds and determines that Ordinance ~No.. 736', which became effective on or about August 2, 1962, and which was. thereafter codified in the Code as Section 17-4, entitled - "Advertising Displays Adjacent to Freeways", required the removal of all advertising displays ' - ~ ~ placed on property adjacent to a section of a freeway which has been landscaped if the, . ,.. . '- advertising display was designed to be`,viewed primarily by persons traveling on the main- , LL. traveled. way-of the~,landscaped~freeway. Such removal was required as follows: " 940914 [0512-000OI Ij 0591377 9 _ 4 7 _ , ~ {' -. - - • ,. .. ~ ". T • sad.sign or advertising display has-been. in place. ' prior to the. effective date of this section. ' d. ~ The date of placement of any nonconforming sign or ~, advertising display shalt be established by the ' presentation by. the owner of the sign, or the. ~`' ~ owner's agent, of a copy of the required building ' - permit issued by the BuildingrOffi;cial, or the • •sign permit issued by the Director of Community • Development., :or the encroachment permit .issued-by , the Director of Public Works, or the "notice.. of -~ intent" for an exempt sign.filed. with the Director. - - of Community Development,, as may be applicable. ~.,_ ~~ Any•sign or advertising display erected without • ~ the :issuance of any required permit..or the .filing - -` - of any required notice shall be deemed an illegal sign or advertising. display and shallbe~,subject °to immediate removal and abatement;. provided, however, that the appeal procedures-set. forth in '.subsection 25-.33.13 shall be applicable. - ,. . e. All required. documentation concerning the market .. - value and placement date of any nonconforming signs or advertising display shall be presented•to the Director'of Community Development within ten `.' ~ (10):-days after receipt of a notice:. of ~ - . ' nonconformity. The Director shall determine to~ v the Director's satisfaction the validity or all t - documentation presented. Any determination of the Director: may be appealed in accordance with the ~~. . provisions of subsection 25-33..13. -~ i - t .. f. Any sign or advertising display, including ifs - supporting structure, which becomes nonconforming solely`as a consequence of the regulations set • forth in this. section, shall either be removed or.. 'e ~ _ , I - made to ..comply with the requirements of this -section within the applicable .period of time set forth in: the following amortization schedule:. i 940914 I OSd.2-00001 1j 059.1377 9 - 4 6 . -- ~ ~ . ' . within parking areas which are adjacent to any residential, commercial or industrial land use. 30. "Wall sign" shall mean a sign that is displayed on, or is attached to, the. exterior wall of a building or structure. 31. "Window sign" shall mean a permanent or temporary sign that is painted or displayed on the surface of a window or a glass door, or that is displayed in the interior of a building in such proximity to a window or glass door so as to be reasonably visible from outside the building. Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance, or the application thereof to any person or place, is Eor-any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the - ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase. or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses,. phrases or portions, or the application thereof to any person or place be declared invalid or unconstitutional. 940914 10512-00001 11..0591377 9 _ 5 .~ _ "`i • ~ • - ~ ~ •- , Section 4. The City Clerk shill certify to the passage and adoption of this ordinance and .shall cause the same to be publi-shed or posted as required by law. ., PASSED, APPROVED and ADOPTED this ~ 4th day of _t ~._ - Octobew ='-~ 1994 ATTEST: Paul H. Richards, II, Ma Andrea L. Hooper, Ci y Clerk APPROVED AS TO FORM: .Al..... . R ~.._~ u City attorney 940911 10512-00001 Ij 0591377 9 _ 5 8 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the Lynwood City Council do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1403 on file in my office and that said ordinance was adopted on the 4th. day of October 1994, •and passed by the following vote: AYES: COUNCILMEMBER BYRD, HEINE, HENNING, RICHARDS NOES : NONE ABSENT: COUNCILMEMBER REA 4~` City Clerk, City of Lyn, ood