The purpose of these sign regulations are to encourage the effective
use of signs as a means of communication in the City; to maintain
and enhance the aesthetic environment and the City's ability to attract
sources of economic development and growth; to improve pedestrian
and traffic safety; to minimize the possible adverse effects of signs
on nearby public and private property; and to enable the fair and
consistent enforcement of these sign regulations. This sign code is
adopted under the zoning authority of the City in furtherance of the
more general purposes set forth in the zoning code.
(Ord. 94-884)
A sign may be erected, placed, established, painted, created,
or maintained in the City only in conformance with the standards,
procedures, exemptions, and other requirements of this code.
The effect of this code as more specifically set forth herein
is:
To establish regulations to allow a variety of types of signs
in commercial zones, and a limited variety of signs in residential
zones, subject to the standards and the permit procedures of this
code;
To allow certain signs that are small, unobtrusive, and incidental
to the principal use of the respective lots on which they are located,
subject to the substantive requirements of this code, but without
a requirement for permits;
To provide for temporary signs in limited circumstances;
To prohibit all signs not expressly permitted by this code;
and
To provide for the enforcement of the provisions of this code.
(Ord. 94-884)
Words and phrases used in this chapter shall have the meanings
set forth in this chapter, or as defined elsewhere in this code. All
other words and phrases shall be given their common, ordinary meaning,
unless the context clearly requires otherwise. Section headings or
captions are for reference purposes only and shall not be used in
the interpretation of this code.
Animated Signs.
Any sign that uses movement or change of lighting to depict
action or create a special effect of scene.
Banner.
Any sign of lightweight fabric or similar material that is
permanently mounted to a pole or a building by a permanent frame at
one or more edges. National flags, State or municipal flags, or the
official flag of any institution or business shall not be considered
banners.
Beacon.
Any light with one or more beams directed into the atmosphere
or directed at one or more points on the same lot as the light source;
also, any light with one or more beacons that rotate or move.
Building Sign.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
Canopy Sign.
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A marquee is not a canopy.
Changeable Copy Sign.
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged without altering the face of the
surface of the sign. A sign on which the message changes more than
eight times per day shall be considered an animated sign and not a
changeable copy sign for purposes of this code. A sign on which the
copy that changes is an electronic or mechanical indication of time
or temperature shall be considered a "time and temperature" portion
of a sign and not a changeable copy or animated sign for purposes
of this code.
Commercial Message.
Any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business,
product, service or other commercial activity.
Director.
The Community Development Director or designee.
Flag.
Any fabric, banner, or bunting containing distinctive colors,
patterns, or symbols, used as a symbol of a government, political
subdivision, or other entity.
Any sign supported by structures or supports that is placed
on, or anchored in, the ground and that is independent from any building
or other structure.
|
Incidental Sign.
A sign, generally information, that has a purpose secondary
to the use of the lot on which it is located, such as "no parking,"
"entrance," "loading zone," "telephone," and other similar directives.
No sign with a commercial message legible from a position off the
lot on which the sign is located shall be considered incidental.
Lot.
Any piece or parcel of land or portion of a subdivision,
the boundaries of which have been established by some legal instrument
of record, that is recognized and intended as a unit for the purpose
of transfer of ownership.
Marquee.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather.
Marquee Sign.
Any sign attached to, or in any manner, made part of a marquee.
Pennant.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in a series, designed to move in the wind.
Person.
Any association, company, corporation, firm, organization,
or partnership, singular or plural, of any kind.
Pole Sign.
Any sign supported by a pole or support structure that is
placed on, or anchored in, the ground and that is independent from
any building or other structure.
Portable Sign.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including,
but not limited to, signs converted to A- or T-frames; menu and sandwich
board signs; balloons and inflatable or inflatable attention-getting
devices used as signs; umbrellas used for advertising; and signs attached
or to painted on vehicles parked and visible from the public right-of-way,
unless said vehicle is used in the normal day-to-day operations of
the business.
Principal Building.
The building in which is conducted the principal use of the
lot on which it is located. Lots with multiple principal uses may
have multiple principal buildings, but storage buildings, garages,
and other clearly accessory uses shall not be considered principal
buildings.
Projecting Sign.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
such building or wall.
Roof Sign.
Any sign erected and constructed wholly on or over the roof
of a building, supported by the roof structure, and extending vertically
above any portion of the roof.
Roof Sign Integral.
Any sign erected or constructed as an integral or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof by a space of more than six inches.
Setback.
The distance from the property line to the nearest part of
the applicable building, structure, or sign, measured perpendicularly
to the property line.
Sign.
Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of a person or entity,
or to communicate information of any kind to the public.
Street.
A strip of land or way subject to vehicular traffic (as well
as pedestrian traffic) that provides direct or indirect access to
property, including, but not limited to, alleys, avenues, boulevards,
courts, drives, highways, lanes, places, roads, terraces, trails,
or other thoroughfares.
Street Frontage.
The distance for which a lot line of a lot adjoins a public
street, from one lot line intersecting said street to the furthest
distant lot line intersecting the same street.
Suspended Sign.
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Temporary Sign.
Any sign that is used only temporarily and is not permanently
mounted.
Wall Sign.
Any sign attached parallel to, but within six inches of,
a wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall building, and which displays only one sign
surface.
Window Sign.
Any sign, pictures, symbol, or combination thereof, designated
to communicate information about an activity, business, commodity,
event, sale or service, that is placed inside a window or upon the
window panes or glass and is visible from the exterior of the window.
(Ord. 94-884)
The following principles shall control the computation of sign
area and sign height:
A. Computation
of Area of Individual Signs. The area of a sign face (which is also
the sign area of a wall sign or other sign with only one face) shall
be computed by means of the smallest square, circle, rectangle, triangle,
or combination thereof that will encompass the extreme limits of the
writing, representation, emblem, logo, or other display, together
with any material or color forming an integral part of the background
of the display, or used to differentiate the sign from the backdrop
or structure against which it is placed, but not including any supporting
framework, bracing, or decorative fence or wall when such fence or
wall otherwise meets the regulations of this code and is clearly incidental
to the display itself.
B. Computation
of Areas of Multifaced Signs. The sign area for a sign with more than
once face shall be computed by adding together the area of all sign
faces.
C. Computation
of Height. The height of a sign shall be computed as the distance
from the base of the sign at existing grade to the top of the highest
attached component of the sign. In cases in which the existing grade
cannot reasonably be determined, sign height shall be computed on
the assumption that the elevation of the existing grade at the base
of the sign is equal to the elevation of the nearest point of the
crown of a public street or the grade of the land at the principal
entrance to the principal structure on the lot, whichever is lower.
D. Computation
of Maximum Total Permitted Sign Area for a Lot. The permitted sum
of the area of all individual signs on a lot shall be computed by
applying the formula contained in Table "B," to the lot frontage,
building frontage, or wall area, as appropriate, for the zone in which
the lot is located. Lots fronting on two or more streets are allowed
the permitted sign area for each street frontage. However, the total
sign area that is oriented toward a particular street may not exceed
the portion of the lots total sign area allocation that is derived
from the lot, building, or wall area frontage on that street.
(Ord. 94-884)
Signs shall be allowed on private property in the City in accordance
with and only in accordance with Table "A." If a "Yes" appears for
a sign type in a column, such a sign is allowed in the zones represented
by that column. If a "No" appears for a sign type in a column, such
a sign is not allowed in the zones represented by that column under
any circumstances.
Although permitted under the previous paragraph, a sign designated
by a "Yes" in Table "A" shall be allowed only if:
A. The
sum of the area of all building and freestanding signs on the lot
conforms with the maximum permitted sign area as determined by the
formula for the zone in which the lot is located as specified in Table
"A";
B. The
size, location, and number of signs on the lot conform with the requirements
of Table "B," which establishes permitted sign dimensions by sign
type, and with any additional limitations listed in Table "A"; and
C. The
characteristics of the sign conform with the limitations of Tables
"A" and "B."
Table "A"
|
---|
Sign Type
|
R-1-6000, R-1-3800, R-1-3000-D, R-1-3000
|
R-2000, R-1500
|
C/MU-1
|
C/MU-2
|
C/MU-3
|
---|
Freestanding
|
|
|
|
|
|
Monument
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Incidental
|
No
|
Yes
|
Yes
|
Yes
|
Yes
|
Pole
|
No
|
No
|
No
|
No
|
No
|
Building
|
|
|
|
|
|
Banner
|
No
|
No
|
Yes
|
Yes
|
Yes
|
Canopy
|
No
|
Yes
|
Yes
|
Yes
|
Yes
|
Incidental
|
No
|
Yes
|
Yes
|
Yes
|
Yes
|
Marquee
|
No
|
Yes
|
Yes
|
Yes
|
Yes
|
Projecting
|
No
|
Yes
|
Yes
|
Yes
|
Yes
|
Roof
|
No
|
No
|
No
|
No
|
No
|
Roof integral
|
No
|
No
|
Yes
|
Yes
|
Yes
|
Suspended
|
No
|
No
|
Yes
|
Yes
|
Yes
|
Wall
|
No
|
Yes
|
Yes
|
Yes
|
Yes
|
Window
|
No
|
No
|
Yes
|
Yes
|
Yes
|
Miscellaneous*
|
|
|
|
|
|
Balloons and inflatable signs
|
No
|
No
|
No
|
No
|
No
|
Banner
|
No
|
No
|
Yes
|
Yes
|
Yes
|
Beacons
|
No
|
No
|
No
|
No
|
No
|
Billboards
|
No
|
No
|
No
|
No
|
No
|
Flag
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Pennants
|
No
|
No
|
No
|
No
|
No
|
Portable
|
No
|
No
|
No
|
No
|
No
|
Other
|
|
|
|
|
|
Animated
|
No
|
No
|
No
|
No
|
No
|
Changeable copy
|
No
|
No
|
No
|
No
|
No
|
Illumination internal
|
No
|
Yes
|
Yes
|
Yes
|
Yes
|
Illumination external
|
No
|
No
|
Yes
|
Yes
|
Yes
|
Illumination neon
|
No
|
No
|
Yes
|
Yes
|
Yes
|
Time and temperature
|
No
|
No
|
Yes
|
Yes
|
Yes
|
Table "B"
|
---|
Sign Type
|
R-1-6000, R-1-3800, R-1-3000-D, R-1-3000
|
R-2000, R-1500
|
C/MU-1
|
C/MU-2
|
C/MU-3
|
---|
Freestanding
|
|
|
|
|
|
Area (sq. ft)
|
N.A.
|
12
|
40
|
40
|
40
|
Height (feet)
|
N.A
|
6
|
8
|
8
|
8
|
Number permitted per lot frontage
|
N.A.
|
1
|
1
|
1
|
1
|
Building signs (except window)
|
|
|
|
|
|
Area (max sq. ft.)
|
N.A.
|
32
|
1 per lineal ft. of wall face
|
1 per lineal ft. of wall face
|
1 per lineal ft. of wall face
|
Window signs
|
N.A.
|
N.A.
|
35% of total window area
|
35% of total window area
|
35% of total window area
|
(Ord. 94-884; Ord. 2012-1130 § 1)
If a sign allowed under the provisions of this code is to be
placed, constructed, erected, or modified on a lot, the owner of the
lot shall secure a sign permit prior to the construction, placement,
erection, or modification of such a sign.
No sign permit of any kind shall be issued for an existing or
proposed sign unless such sign is consistent with the requirements
of this code in every respect.
(Ord. 94-884)
All signs shall be designed, constructed, and maintained in
accordance with the following standards:
A. All
signs shall comply with applicable provisions of the Uniform Building
Code, National Electrical Code, and Uniform Sign Code of the City
at all times;
B. Except
for banners, flags, temporary signs, and window signs conforming in
all respects with the requirements of this code, all signs shall be
constructed of permanent materials and shall be permanently attached
to the ground, a building, or structure;
C. All
signs shall be maintained in good structural condition, in compliance
with all building and electrical codes, and in conformance with this
code, at all times; and
D. All
signs shall be maintained in good order and repair at all times so
that they do not constitute any danger or hazard to public safety,
or visual blight, and are free of peeling paint, major cracks or loose
and dangling materials.
(Ord. 94-884)
No permit shall be issued for an individual sign requiring a
permit unless and until a Signage Plan or Comprehensive Signage Plan
for the lot on which the sign will be erected has been submitted to
the Community Development Department and approved by the Community
Development Department as conforming with this code.
(Ord. 94-884)
For any lot on which the owner proposes to erect one or more
signs requiring a permit, unless such lot is included in a Comprehensive
Signage Plan, the owner shall submit to the Community Development
Department a Signage Plan containing the following:
A. An
accurate plot plan of the zone lot, at such scale as the Community
Development Director may reasonably require;
B. Location
of buildings, parking lots, driveways, and landscaped areas on such
lot;
C. Computation
of the maximum total sign area, the maximum area for individual signs,
the height of signs and the number of freestanding signs proposed
on the lot; and
D. An
accurate indication on the plot plan of the proposed location of each
present and future sign of any type, whether requiring a permit or
not, except that incidental signs not need be shown.
(Ord. 94-884)
The owners of a building or building complex containing three
or more uses shall file with the Community Development Department
a Comprehensive Signage Plan conforming with the provisions of this
section. A twenty-five percent increase in the maximum total sign
area shall be allowed with the approval of a Comprehensive Signage
Plan. This bonus shall be allocated on the lot as the owner(s) elects,
and as approved by the Community Development Department.
The Comprehensive Signage Plan shall contain all of the information
required for a Signage Plan and shall also specify standards for consistency
among all signs on the lots affected by the Comprehensive Signage
Plan with regard to:
B. Lettering
or graphic style;
D. Location
of each sign on the buildings or on the ground;
(Ord. 94-884)
A Signage Plan or Comprehensive Signage Plan shall include window
signs by simply indicating the areas of the windows to be covered
by window signs and the general type of window signs (e.g., paper
affixed to window, painted, etched on glass, or some other material
hung inside a window) and need not specify the exact dimension or
nature of every window sign.
(Ord. 94-884)
A Signage Plan or Comprehensive Signage Plan shall limit the
number of freestanding signs to a total of one for each street on
which the lots included in the plan have frontage and shall provide
for shared common usage of such signs.
(Ord. 94-884)
A Signage Plan or Comprehensive Signage Plan may contain such
other restrictions as the applicant and the community development
department may reasonably determine.
(Ord. 94-884)
A Signage Plan or Comprehensive Signage Plan shall be signed
by all owners or their authorized agents in such form as the community
development department shall require.
(Ord. 94-884)
A Signage Plan or Comprehensive Signage Plan shall be included
in any Site Plan Review, Design Review, Conditional Use Permit, or
any other official plan required by the City for the proposed development
and shall be processed simultaneously with such other plan.
(Ord. 94-884)
A Signage Plan or Comprehensive Signage Plan may be amended
by filing a new Signage Plan or Comprehensive Signage Plan that conforms
with all requirements of the code then in effect.
(Ord. 94-884)
If any new or amended Comprehensive Signage Plan is filed for
a property on which existing signs are located, it shall include a
schedule for bringing into conformance, within three years, all signs
not conforming to the proposed plan or to the requirements of this
code.
(Ord. 94-884)
After approval of a Signage Plan or Comprehensive Signage Plan,
no sign shall be erected, placed, painted, or maintained, except in
conformance with such plan, and such plan may be enforced in the same
way as any provisions of this code. In case of any conflict between
the provisions of such plan and other provisions of this code, the
code shall control.
(Ord. 94-884)
No signs shall be allowed in the public right-of-way, except
for the following:
A. Public
signs erected by or on behalf of a governmental body to post legal
notices, identity public property, convey public and community event
information, and direct or regulate pedestrian or vehicular traffic.
B. Bus
stop signs erected by a public transit company;
C. Informational
signs of a public utility regarding its poles, lines, pipes, or facilities;
and
D. Awnings,
canopies, marquees, projecting, and suspended signs projecting over
a public right-of-way in conformity with the Conditions of Tables
"A" and "B" of this code, and with the issuance of an encroachment
permit.
E. Emergency
warning signs erected by a governmental agency, a public utility,
or a contractor doing authorized work within a public right-of-way.
(Ord. 94-884)
Any sign installed or placed on public property, except in conformance
with the requirements of this code, shall be forfeited to the public
and be subject to confiscation. In addition to other remedies hereunder,
the city shall have the right to recover from the owner or person
placing such sign the full costs of removal and disposal of such sign.
(Ord. 94-884)
The following signs shall be exempt from regulation under this
code:
A. Any
public notice or warning required by a valid and applicable Federal,
State or local law, regulation, or ordinance;
B. Any
sign inside a building, not attached to a window or door, that is
not legible from a distance of more than three feet beyond the lot
or parcel on which such sign is located;
C. Works
of art that do not include a commercial message;
D. Holiday
lights and decorations with no commercial message, but only between
November 15 and January 15; and
E. Traffic
control signs on private property, such as "Stop", "Yield", and similar
signs, the face of which meet Department of Transportation standards
and which contain no commercial message of any sort.
(Ord. 94-884)
All signs listed below are considered expressly prohibited under
the provisions of this Chapter:
4. Changeable
Copy signs, except time and temperature signs;
5. Animated
signs, balloons and inflatable signs or inflatable attention-getting
devices, beacons, pennants, and portable signs, except for special
events as provided for in this Chapter;
6. Signs
located within or projecting into the public right-of-way, not including
governmental or public service signage or as otherwise permitted in
this Chapter;
7. Signs
posted on trees, rocks, or other natural features;
8. Signs
made of paper or cardboard displayed on the outside of windows or
exterior walls except as otherwise permitted in this Chapter;
9. Any
sign which has been more than fifty percent destroyed, and the destruction
is other than facial copy replacement, and the display cannot be repaired
within 30 days of the date of its construction.
(Ord. 94-884)
The following procedures shall govern the application for, and
the issuance of, all sign permits under this code, and the submission
and review of Signage Plans and Comprehensive Signage Plans:
A. Applications.
All applications for sign permits of any kind shall be submitted
to the Community Development Department on an application form or
in accordance with the application specifications published by the
Community Development Department.
B. Completeness.
Within five days of receiving an application for a Signage Plan
or a Comprehensive Signage Plan, the Community Development Department
shall review it for completeness. If the Community Development Department
finds that it is complete, the application will then be processed.
If the Community Development Department finds that it is incomplete,
the Community Development Department shall, within such five-day period,
send the applicant a notice of specific ways in which the application
is deficient, with appropriate references to the applicable sections
of this code.
C. Action.
Within seven days of the submission of a complete application
for a sign permit, Signage Plan, or Comprehensive Signage Plan the
Community Development Department shall either:
1. Issue
the sign permit if the sign(s) that is the subject of the application
conforms in every respect with the requirements of this code and of
the applicable Comprehensive Signage Plan; or,
2. Reject
the sign permit if the sign(s) that is the subject of the application
fails in any way to conform with the requirements of this code or
of the applicable Plan with which the sign(s) is inconsistent.
D. Action
on Plan.
1. On
any application for approval of a Signage Plan or Comprehensive Signage
Plan, the Community Development Department shall take action as applicable
on the following dates:
a. Seven business days after the submission of a complete application
if the application is for signs for existing buildings; or,
b. On the date of final action on any related application for building
permit, Site Plan Review, Design Review, Conditional Use Permit, or
any other official plan required by the City for the proposed development.
2. On
or before such applicable date, the community development department
shall either:
a. Approve the proposed plan if the sign(s) as shown on the plan and
the plan itself conforms in every respect with the requirements of
this code; or,
b. Reject the proposed plan if the sign(s) as shown on the plan or the
plan itself fails in anyway to conform with the requirements of this
code. In case of a rejection, the community development department
shall specify in the rejection the section or sections of the code
with which the plan is inconsistent.
(Ord. 94-884; Ord. No. 2002-981 § 4, 2002)
Upon written showing of good cause, the community development
department may permit temporary signs not otherwise provided for in
the chapter in any zone for a period not to exceed thirty days. Continuance
of such signs may be permitted by the Planning Commission in the manner
provided for by zoning variance.
(Ord. 601 § 1, 1983; Ord. 94-884)
An illegal sign shall mean any of the following:
(a) That which is first erected without governmental approval of permits;
(b) A nonconforming sign which has exceeded its authorized abatement
period;
(c) A sign that was legally erected, but whose use has ceased, or the
structure upon which the sign is placed has been abandoned by its
owners, not maintained, or not used to identify or advertise an ongoing
business for a period of not less than ninety days;
(d) A sign which is a danger to the public or is unsafe;
(e) A sign which is a traffic hazard;
(f)
1. An illegal signs located within the city and existing as of the date
of the adoption of this chapter, shall be inventoried and identified
for potential abatement as provided by Section 5491.1 of the Business
and Professions Code. This inventory and identification must commence
within six months from the date of adoption of the ordinance. Within
sixty days after the six month period, the City must commence abatement
of the identified pre-existing illegal and abandoned signs.
2. The city may impose reasonable fees upon all owners or lessees of
the illegal signs for the purpose of covering its actual cost of inventorying
and identifying illegal and abandoned signs. The actual cost shall
be fixed upon a determination of the total estimated reasonable costs.
The amount of that cost and the fee to be charged is exclusively within
the discretion of the city and shall be set forth by resolution.
3. An illegal or abandoned sign located within the city are to be declared
by the city council, by resolution, as public nuisances and abated
in accordance with this Code.
4. The notice shall be substantially in the following form:
NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY
|
Notice is hereby given that on the _____ day of _____, 20___,
the City Council of the City of Imperial Beach adopted Resolution
Number _____ declaring that an illegal advertising display is located
upon or in front of this property which constitutes a public nuisance
and must be abated by the removal of the illegal display. Otherwise,
it will be removed, and the nuisance abated by the City. The cost
of removal will be assessed upon the property from or in front of
which the display is removed and will constitute a lien upon the property
until paid. Reference is hereby made to the resolution for further
particulars. A copy of this resolution is on file in the office of
the City Clerk.
|
All property owners having any objection to the proposed removal
of the display are hereby notified to attend a meeting of the City
Council of the City of Imperial Beach to be held (give date, time
and place), when their objections will be heard and given due consideration.
|
Dated this day of _____, 20___.
|
______________________
Title
City of Imperial Beach
|
(Ord. 94-884)
A nonconforming sign is that which was legal when first erected,
with all necessary permits, but due to a change in the law it became
nonconforming.
1. A legal
nonconforming sign shall immediately lose its legal nonconforming
status if:
a. The
sign structure is altered which tends to or makes the sign less in
compliance with the requirement of this code than it was before the
alteration; or
b. The
sign structure is relocated to a position making it less in compliance
with the requirements of this code.
On the happening of any one of the above, the sign shall be
immediately brought into compliance with this code with a new permit
secured therefor, or shall be removed.
|
2. Nothing
in this section shall relieve the owner or user of a legal nonconforming
sign, or owner of the property on which the sign is located, from
the provisions of this code regarding safety, maintenance, and repair
of signs, provided maintenance or repair of the sign or sign structure
shall not modify the sign structure in any way which makes it more
nonconforming.
3. For
purposes of this section, every sign has a useful life of fifteen
years. The owner or user of the sign is entitled to fair and just
compensation for the entire fifteen-year period if the city is requiring
removal of a nonconforming sign before the amortization period expires.
4. The
city may not deny, refuse to issue, or condition the issuance of a
business license or a permit to construct a new legal sign upon the
removal, conformance, repair, modification, or abatement of any other
sign on the same real property where the business is to be or has
been maintained, if both the following apply:
a. The
other display is located within the same commercial complex which
is zoned for commercial occupancy or use, but at a different business
location from that for which the permit or license is sought.
b. The
other sign is not owned or controlled by the permit applicant, and
the permit applicant is not the agent of the person who owns or controls
the other sign.
5. During
the amortization period for a nonconforming sign, the city may not
deny, refuse to issue, or condition the issuance of a permit for modification
or alteration to the display upon change of ownership of any existing
business if the modification or alteration does not include a structural
change in the display.
6. No
nonconforming sign shall be compelled to be removed or abated without
the payment of fair and just compensation by the city. Fair and just
compensation shall be determined in accordance with Section 5492 and
5493 of the
Business and Professions Code.
7. As
an alternative, the city council can inventory and identify nonconforming
signs and set amortization periods based upon the fact that a sign
has a useful life of fifteen years, which signs can be required to
be removed fifteen years after the date of installation. During the
amortization period, the nonconforming sign shall not be structurally
or electrically altered, increased in area, or relocated unless it
is made to comply with all the provisions of this chapter. However,
it must be maintained, repaired, and painted so as to remain in good
condition. Any sign required to be removed before the amortization
period has lapsed shall be entitled to fair and just compensation.
a. After
inventory and identification of the legal nonconforming signs, the
city council shall hold a public hearing and set forth amortization
periods in a resolution. The community development director shall
cause a written notice of such nonconformance to be sent to the owner
of the property and state:
i. The requirements to bring the sign into compliance with this chapter;
ii. The date upon which said sign shall achieve conformance or be removed.
Signs shall be required to be removed no less than three years from
the date of written notice if nonconformance of the sign is in reasonably
good condition.
b. A
sign permit shall be required for any alteration or relocation required
to bring a sign into compliance with this chapter.
(Ord. 94-884)