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.
Balloon and Inflatable Signs or Inflatable Attention Getting Devices.
Any air or gas filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and used for the purposes of signage, advertising, or attention getting.
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.
Nonconforming Sign.
Any sign that does not conform to the requirements of the code.
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:
A. 
Colors scheme;
B. 
Lettering or graphic style;
C. 
Lighting;
D. 
Location of each sign on the buildings or on the ground;
E. 
Material; and
F. 
Sign dimensions.
(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 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)
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:
1. 
Roof signs;
2. 
Pole signs;
3. 
Billboards;
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) 
Any sign listed under Section 19.52.230.
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)