The provisions of this Chapter are to regulate and control the
location, design, quality of materials, illumination, and maintenance
of signs, sign structures, and other exterior advertising formats
within the City. It is also the intent of this Chapter to:
(a) Recognize that the eventual elimination of existing signs that do
not conform with the provisions of this Title is as important as prohibiting
new signs that would violate these regulations;
(b) Implement the goals and policies of the General Plan, particularly
with regard to developing a City that is visually attractive and to
preserve and enhance the visual aspects of the City's streets and
highways.
(c) Provide for a more orderly presentation of advertising displays and
identification on properties within the City that are appropriate
to the type of activity to which they pertain, that identity individual
properties or the community as a whole, that encourage sound signing
practices as an aid to business, that provide information to the traveling
public, that reduce hazards to motorists and pedestrians, and that
protect the general welfare of the businessmen and residents within
the same area, as well as the citizens of Indian Wells.
(Ord. 311 § 1, 1992)
If any section, subsection, sentence, clause, phrase or portion
of this Title is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
(Ord. 311 § 1, 1992)
For purposes of this Chapter, the following terms, phrases,
words and their definitions shall have the meaning given herein:
"Advertising device"
means any balloon, vehicle, flag, propeller, oscillating,
rotating, pulsating light; or other contrivance except a sign used
to attract attention for the purpose of promoting the sale of products
of any person.
"Advertising display"
means any device, contrivance, statue or structure other
than a sign used as a display, regardless of size and shape, for the
purpose of attracting attention or making anything known, the origin
or place of sale of which is on the property with such advertising
display.
"Area of a sign"
means the entire area within a single continuous perimeter
which enclose the extreme limits of writing, representation, emblem
or any figure of similar character, together with any frame, background
area of sign, structural trim, or other material or color forming
an integral part of the display or used to differentiate such sign
from the background against which it is placed.
"Back lighted"
means the lighting of sign copy via lights mounted onto,
within, or attached to, or behind the sign copy.
"Building face"
means the outer surface of any main exterior wall or foundation
of a building, including windows and store fronts.
"Directional sign"
means a sign, other than a real estate directional sign,
designed solely to provide direction or guidance to pedestrians or
vehicular traffic.
"Externally lighted"
means a sign whose immediate source of illumination is not
enclosed by the surface of the sign structure.
"Frontage"
means the lineal extent of a building which fronts on either
a street or parking area and used as a basis for determining the maximum
sign area and numbers of signs allowed individual activities.
"Ground sign"
Including monument, pylon, freestanding, and pole signs.
"Ground sign" means a sign supported by one or more uprights, poles,
posts or braces placed in or upon the ground which are not a part
of, or attached to a building. This definition includes "monument
signs," "pylon signs," "freestanding signs" and "pole signs."
"Identification sign"
means a sign limited to identifying the name, address and
lawful use of the activity to which it relates and which sets forth
no other advertisement.
"Internally lighted"
means a sign with an immediate source of illumination that
is completely enclosed by the surface of the sign structure.
"Model homes"
refers to completed dwellings or residential structures with
the following characteristics:
(1)
The dwellings or residential structures must be completed, the
dwellings or residential structures have final inspection approvals
from the Building and Safety, Engineering and Planning Departments.
(2)
The dwellings or residential structures are intended to be temporarily
utilized as an example of other buildings which are existing or proposed
to be built in the same subdivision.
"Non-conforming sign"
means a sign which was validly installed under laws or ordinances
in effect prior to the effective date of the ordinance codified in
this Title or subsequent revisions, but which is in conflict with
the provisions of this Title.
"Parking area"
means an area, other than a street or alley, designed or
used primarily for the temporary parking of vehicles.
"Projecting sign"
means a sign other than a wall sign suspended from or supported
by a building or structure and projecting outward therefrom.
"Real estate directional sign"
means a temporary sign providing direction to real property
that is for sale, lease, or exchange, that is displayed on real property
other than the real property that is for sale, lease, or exchange,
and that is placed on the other real property with the consent of
the owner of that other real property, and which includes directions
to the real property that is for sale, lease, or exchange, indicating
an "open house."
"Real estate sign"
means a temporary sign advertising the sale, lease, or exchange
of the real property upon which the sign is located, and which may
contain the name of the owner of that real property, or the owner's
agent, and the owner's or agent's address and telephone number.
"Sign"
means any thing of visual appearance primarily used for,
or having the effect of, attracting attention from the streets, sidewalks
or other public areas for identification and/or advertising purposes.
A sign is a device used for visual communication or attraction including
any announcement, declaration, demonstration, display, illustration,
insignia or symbol used to advertise or promote the interest of any
person, together with all parts, materials, frame and background.
"Temporary banner"
means any non illuminated banner which requires a sign permit
and is displayed for public view for a period not to exceed thirty
(30) days.
"Wall sign"
means a sign attached to or erected on the exterior wall
of a building or structure with the exposed face of the sign in a
plane approximately parallel to the plane of the exterior wall.
"Window sign"
means any sign exposed to public view, attached, painted
or pasted, either permanently or temporarily, on the interior of a
window.
(Ord. 311 § 1, 1992; Ord. 380 § 1, 1996; Ord. 405 § 1, 1997; Ord. 449 § 1, 1999)