The following are definitions of terms contained in this article:
"Abandoned sign"
means a sign, or portion thereof, advertising or identifying
a business, use or activity which has not been in operation for 180
calendar days or more.
"Advertise"
means any notice to the public for the purpose of increasing
sales or business, announcing the availability of a service or product,
or making claims as to the value or quality of any service or product.
"Area of sign and area of super-graphic sign"
mean the entire area within any type of perimeter or border
which may enclose the outer limits of any writing, representation,
emblem, figure or character, together with any other material or color
forming an integral part of the display or used to differentiate such
sign from the background on which it is placed. The area of a sign
or a super-graphic sign having no such perimeter shall be computed
in a reasonable manner by enclosing the entire integral parts of the
sign copy area within trapezoids, triangles and/or circles in sizes
sufficient to cover the entire area and computing the size of such
area. In the case of a double-faced sign where the two faces are of
equal size, are parallel to each other, and are not separated more
than 36 inches, the total area shall be computed as the area of a
single display face. In the case of a sign with more than two sign
faces where each face contains identical copy, the total area of the
sign shall be computed by dividing the total number of sign faces
by two (resulting fractional numbers shall be rounded up to the next
whole number), and multiplying this number by the sign area of a single
face. The supports or uprights of a freestanding sign, the support
structure of a monument sign, and other significant architectural
features around the copy shall not be included in the sign area. In
the case of any cylindrical sign, the total area shall be computed
on the total area of the surface of the sign. For multi-shingle/panel
signs, the sign area may be calculated by totaling only the area of
the individual panels, along with any other copy area.
"Awning"
means a shelter projecting from and supported by an exterior
wall of a building and constructed of nonrigid materials on a supporting
framework.
"Banner, flag, pennant, balloon or other attention-getting device"
means any cloth, bunting, plastic, paper or similar flexible
material used for advertising purposes or to attract attention, which
is attached to or pinned on any structure, staff, pole, line, framing
or vehicle, but not including flags as described in section 33-1393(a)(12)
or temporary portable signs as described in section 33-1396(j).
"Billboard"
means a sign structure advertising an establishment, merchandise,
service or entertainment which is not sold, produced, manufactured
or furnished at the property on which the sign is located (e.g., off-premises
signs or outdoor advertising). A sign placed within the public right-of-way,
immediately adjacent to commercially zoned property and property designated
for commercial use, for which there is a valid encroachment-removal
agreement shall not be considered a billboard.
"Building face and/or frontage"
means the area of the front building elevation in which the
business is located and which faces a street or parking lot excluding
driveways. If more than one business is located in a single building,
then such area shall be limited to that front portion which is occupied
by each individual business.
"Bulletin sign"
means any sign erected by the City of Escondido, other public
body, theater owner, or other use authorized by this chapter, which
is erected upon the same property as the institution for the purpose
of announcing events which are held on the premises.
"Cabinet sign"
means an advertising display which is constructed like a
box to enclose the source of illumination (internally illuminated)
so that the light shines through the translucent portions of the sign's
copy panel(s).
"Canopy/marquee"
means a permanent roof-like structure extending from part
or all of a building face and constructed of durable rigid material.
"Canopy/marquee sign"
means a wall sign attached to the face of a canopy or marquee,
but not projecting above the top of the canopy or marquee.
"Center"
means a commercial or industrial development which includes
two or more tenant spaces in which businesses, structures and parking/circulation
are designed as an architecturally integrated and interrelated development.
Such design is independent of the number of structures, lots or parcels
making up the center.
"Changeable copy sign"
means a sign whose informational content can be changed or
altered regardless of the method of attachment or change, or materials
of construction.
"Comprehensive sign program"
means a sign program for commercial and industrial centers
consisting of two or more tenant spaces, which establishes design
criteria for all signs in the center and integrates them with building
and landscaping design, and achieves architectural compatibility.
A comprehensive sign program may also be implemented for car-wash,
polishing, vacuuming, and detailing uses with directional/informational
signage exceeding two square feet in area or three feet in height,
regardless of the number of tenant spaces on the property.
"Construction or contractor sign"
means a temporary sign which states the names of the individuals
and/or firms connected with the construction of a project. Such signs
shall be located at the project site and may include, but are not
limited to, the name of the project, the address of the business,
and the telephone numbers.
"Copy"
means any words, letters, numbers, figures, designs or other
symbolic representations incorporated into the graphic content of
a sign.
"Directional/informational sign"
means an on-premises sign which contains words such as "entrance,"
"in," "out," "rest rooms," "no parking," "curbside pickup," "online
orders," "reserved for _______," or other similar words, or a sign
containing arrows or characters indicating traffic directions used
either in conjunction with such words or separately. The sign area
shall not be greater than two square feet and the sign not higher
than three feet. Signs exceeding this area and/or height may be allowed
with approval of a comprehensive sign program, for carwash, polishing,
vacuuming, and detailing uses only. No directional/informational sign
shall contain any advertising or trade name information, although
minor business identification, not exceeding 20% of the sign area,
is allowed for directional purposes. Real estate kiosk and directional
signs as defined in section 33-1396(c) and (d) shall not be included
in this category.
"Director"
means the director of community development, or a designated
representative, whose responsibility it is to administer and enforce
the provisions of this article.
"Districts"
mean designated areas of the community approved by city council
resolution or ordinance, including overlay, area and neighborhood
plans, historic sections, and specific planning areas.
"Double-faced sign"
means a freestanding, hanging or projecting sign where two
copy faces of equal size are mounted back-to-back. The two faces shall
be parallel to each other and not separated by more than 36 inches.
One face only will be charged against the permitted sign area.
"Feather sign"
means a type of freestanding temporary portable sign of flexible
material that is plain or includes copy and/or graphics and is supported
by a horizontal or vertical pole, including, but not limited to, feather,
flutter, bow, and tear drop flag signs.
"Flashing sign"
means any sign which contains or is illuminated by lights
which are intermittently on and off, which change intensity or color,
or which create the illusion of motion in any manner, including animated
signs which manifest a physical movement or rotation in one or more
planes or the optical illusion of action or motion. Time and temperature
signs where all advertising is excluded are not included in this category.
"Freestanding sign"
means a sign which is permanently supported on the ground
by one or more uprights, braces, poles, or other similar structural
components that is not attached to any building. This category includes
both monument and pole-type signs.
Freeway-oriented sign.
For the purposes of this regulation, a freeway-oriented sign
means any structure, housing, device, figure, statuary, painting,
display, message placard or other contrivance, including a wall sign
or freestanding sign, which provides information in the nature of
advertising and which has been designed and located adjacent to the
right-of-way on Interstate 15 freeway or portions of Highway 78, with
the intention that it be viewed and/or read primarily by motorists
traveling on Interstate 15 or portions of Highway 78.
"Glazing area sign"
means temporary or permanent signs painted on, attached,
glued or otherwise affixed to glass windows, doors, or other glass
structures, and oriented to the exterior of the building and public
view.
"Grand opening sign"
means a temporary special event sign used by newly established
businesses to inform the public of their location and service available
to the community. A grand opening sign may only be installed within
60 days after the business initially opens, and shall not be displayed
for more than 30 consecutive calendar days. "Grand opening" does not
mean an annual or occasional promotion of retail sales by a business.
"Halo-lit letters"
mean individual, dimensional letters or symbols with solid
opaque faces which are indirectly illuminated by a light source contained
within each letter or symbol, where the light is directed upon the
wall or background surface behind the letters creating silhouettes
of the letters or symbols against the reflected light.
"Height of sign"
means the greatest vertical distance measured from the top
of the sign, including decorative embellishments, to the finish grade
at the point the sign supports intersect the ground.
"Historic sign"
means a sign or advertising structure that possesses historic,
cultural, architectural, or community interest or value associated
with the development, heritage or history of the city.
"Historic site sign"
means signage as necessary to identify a historic landmark
or a local register property as designated by the City of Escondido.
"Illegal sign"
means any advertising display erected without first complying
with all ordinances and regulations in effect at the time of its construction
and erection or use, as well as, signs which have expired permits
due to the lack of having had the required inspections per the Uniform
Building Code and National Electric Code.
"Incidental sign"
means a small sign, emblem or decal informing the public
of facilities or services available on the premises (e.g., a credit
card sign or sign indicating business hours, health rating or licensing).
"Inflatable display"
means any three dimensional ambient air-filled object depicting
a container, figure, product or product trade dress.
"Inoperative activity"
means a business or activity that has ceased operation at
any given location for a continuous period of at least 180 calendar
days.
"Interior sign"
means a sign inside any business that is not intended to
be seen from outside the building in which the business is located.
"Legal"
means authorized or permitted in accordance with procedures
defined by ordinance or law.
"Logo"
means a trademark or symbol used to identify a business.
"Menu sign"
means a sign, located adjacent to a drive-through lane of
a food service facility, which lists the products available and the
prices, and is designed to be read by the occupants of a vehicle.
"Message center, electronic,"
means a sign which has a changeable message which may be
changed by electronic processes or by remote control and which exposes
its message for not less than eight seconds with the interval between
messages not less than one second.
"Moving sign"
means a sign whose entirety or components rotate or move
in any manner to attract attention.
"Multi-shingle (multi-panel) sign"
means a freestanding sign composed, in whole or in part,
of individual tenant panels without an attached background, typically
hung from each other from a cross member supported by posts, and generally
separated by a gap not greater than six inches.
"Nonconforming sign"
means a sign that does not presently comply with the provisions
of this article. A sign that was lawfully erected prior to the enactment
of the ordinance codified herein, but now fails to meet any of the
standards contained herein shall be considered a legal nonconforming
sign.
"Pole sign"
means a permanently mounted, freestanding sign which is supported
above the ground by one or more uprights, braces, poles, or other
similar structural components.
"Portable sign"
means a sign which is not permanently attached to a structure
or to the ground and is designed to be moved easily.
"Projecting sign"
means any sign other than a wall or canopy sign which is
attached to and hangs or projects from a structure or any portion
of a building.
"Public right-of-way"
means a strip of land acquired by reservation, dedication,
forced dedication, prescription or condemnation and intended to be
or is presently occupied by a road, sidewalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary storm sewer, bikeway,
pedestrian walkway or other public use.
"Real estate sign"
means a temporary sign advertising the sale, rent, lease
or open house of the property upon which it is located and the identification
of the firm handling such sale, lease, rent or open house.
"Regional market group"
means a defined group of related commercial uses where a
marketing or advertising association has been established for the
benefit of the regional market group members who are located in a
single approved Escondido planned development of more than 40 acres
with limited visibility from Interstate 15 freeway, and whose market
area extends beyond the city limits throughout a larger regional area.
"Regional market sign"
means a freeway-oriented sign for a regional market group
or affiliated business organization consisting of members of the regional
market group, which may include an electronic message center.
"Roof"
means the external covering of a building or structure above
or covering any exterior or interior vertical wall or other portion
of the site.
"Roofline"
means the top edge of the roof or top of the parapet, whichever
forms the top line of the building silhouette.
"Roof sign"
means a sign erected, constructed or placed upon or over
a roof of a building, except a mansard roof or canopy which is below
the roof of the primary structure which is wholly or partly supported
by such buildings.
"Sign"
means any mark or painted character on any card, cloth, paper,
metal, wood, plastic, or any other material visible from outside a
structure, mounted to the ground or any tree, wall, bush, rock, fence
or structure, either privately or publicly owned. Sign shall also
mean any graphic announcement, declaration, demonstration, display,
illustration, statuary or insignia used to promote the interest of
any person, product, activity or service when the same is placed outdoors
in view of the general public.
"Special event sign"
means a temporary sign which advertises special events and
activities such as, but not limited to, grand openings, charitable
events, promotional sales, and Christmas tree sales. Such signs are
limited to the provisions listed in this article, section 33-1396(a).
"Statuary"
means statues or sculptures or similar figures that depict
products, features, items or logos of a business, excluding those
items that are considered design features or complements of the overall
site such as wagons, benches, equipment sold or rented on the premises,
hand water pumps, troughs, and other like items.
"Super-graphic sign"
means a wall sign displaying a large graphic image with or
without text. The graphic image extends beyond the perimeter of the
sign text.
"Temporary sign"
means any sign that is displayed for a limited period of
time as defined in this article.
"Time and temperature sign"
means an electronically or electrically controlled changeable
copy sign which conveys only information such as the time, date, temperature
or atmospheric conditions, where different alternating copy changes
are shown on the same copy area. Each message remains displayed for
a specific minimum period of time with a total blackout between message
changes. The copy shall not travel or appear to travel in any direction.
Time and temperature signs shall be included in the permitted wall
or freestanding sign area and shall not include any advertising within
the changeable copy area.
"Use"
means the purpose for which a property, lot, building, sign
or other structure is arranged, intended, designed, occupied or maintained
as established by the authorized legislative body.
"Vehicle sight distance"
means the area through which a driver has a clear view of
oncoming vehicle and pedestrian traffic when waiting to proceed at
a street corner or driveway. The sight distance at driveways should
be at least 10 feet on each side of the driveway. At nonsignalized
corners, the clear view area is typically established by measuring
25 feet along the street fronts from each curb return point and drawing
a line across the two back points to form a triangular area. Generally,
no sign in excess of three feet above the curb grade, or support pole
larger than 12 inches in diameter may be installed in this clear view
area unless approved by the engineering division.
"Vehicle sign"
means a sign which is attached to or affixed in any fashion,
painted on, or resting in or on any type of vehicle which is parked
on or adjacent to any property, the principal purpose of which is
to attract attention to a product sold or an activity or business
located on such property as determined by the director.
"Wall sign"
means a sign painted on, attached to, or erected against
the wall of a building or structure with the exposed face of the sign
parallel to the plane of such wall. A parapet, mansard, or canopy/marquee
sign shall be considered a wall sign provided it is architecturally
integrated with the building and does not project above the roof line.
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 94-33, § 1, 11-2-94; Ord. No. 95-18, § 2, 9-13-95; Ord. No. 96-27, § 1, 8-28-96; Ord. No. 98-25, § 1, 12-9-98; Ord. No. 99-27R, §§ 5, 6, 12-1-99; Ord. No. 2000-23, § 8, 9-13-00; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2009-02, § 4, 2-25-09; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2012-08, § 4, 5-23-12; Ord. No. 2018-22, § 1, 12-5-18; Ord. No. 2020-14 § 10, 8-12-20; Ord. No. 2023-07, § 3, 3-8-23)
(a) Sign permit required. A sign permit from the planning division shall
be required prior to the placing, erecting, moving, reconstructing
or replacing (including sign copy) any sign in the city unless expressly
exempted by this article. One or more signs may be approved per sign
permit. Signs requiring a permit shall comply with the provisions
of this chapter and all other applicable laws, as well as be consistent
with the sign design guidelines as may be adopted by the city council.
Signs may require building permits in addition to sign permits, as
determined by the building official.
(b) Method of application. An application for a sign permit shall be
made to the planning division on forms prescribed by the director.
The sign permit application shall be accompanied by the following:
(1) Three copies of a scaled plan showing:
(A)
Location of proposed sign both in plan view and elevation and
its relation to adjacent buildings, structures, topography and property
lines,
(B)
The design, dimensions, colors, materials, copy and type of
lighting proposed,
(C)
Location of existing freestanding signs on adjacent properties
and dimensions,
(D)
Details to verify conformance with Article 35 (Outdoor Lighting
Ordinance),
(E)
For freeway-oriented signs, cross-sections of the development
site and freeway right-of-way which indicate the height relationship
between the proposed sign and the freeway travel lane;
(2) A list of all existing and approved signs (type and size) existing
at the subject location or tenant space (if any) as of the date of
the application;
(3) The size of the lot or commercial/industrial center and gross floor
area of building or tenant space;
(4) Such other information the director may require to adequately review
an application;
(5) A sign permit fee, as adopted by city council resolution.
(c) Comprehensive sign program for commercial and industrial zones. A
comprehensive sign program shall be required for all new commercial,
office or industrial centers consisting of two or more tenant spaces,
and for existing commercial, office or industrial centers for which
the owner requests permission to remodel, expand, or enlarge the building(s)
or land use which affects the existing signs. A comprehensive sign
program also shall be required for all new or existing car-wash, polishing,
vacuuming, and detailing uses that propose the use of directional/informational
signs exceeding two square feet in area or three feet in height. The
purpose of the program shall be to integrate signs with building and
landscaping design into a harmonious architectural unit and, in the
case of directional signage exceeding the aforementioned size limits,
to ensure that the size and scope of this signage is appropriate for
the site. All comprehensive sign programs shall be reviewed by planning
staff to determine conformance with the sign design guidelines, planned
development approvals, applicable overlay guidelines, and/or specific
plan standards. Comprehensive sign programs to allow directional signage
as described above must be reviewed and approved by the zoning administrator.
Staff may agendize the matter to the planning commission. Method of
application shall be the same as designated in section 33-1392(b).
Integration of signs shall be achieved by:
(1) Using the same background color on all signs or by using various
shades as determined compatible;
(2) Using the same type of support or method of mounting for signs of
the same type, and by using the same type of construction material
for components such as sign copy, cabinets and supports. Slightly
dissimilar signing may be approved if determined compatible;
(3) Using the same form of illumination for all signs, or by using varied
forms of illumination where justifiable and determined compatible;
(4) Providing a comprehensive plan for the location, placement and number
of all signs to be permitted for all existing or future development
in the center, or by identifying common architectural elements where
tenants can physically locate their signs;
(5) Incorporating the design standards established in the sign design
guidelines, as may be adopted by city council.
(d) Method of review.
(1) After receipt of a sign application not related to a project otherwise
requiring design review, the director or designee shall approve, conditionally
approve or deny such sign request. The director may refer the application
to the planning commission when there is a question as to whether
the application adequately conforms to the sign design guidelines,
unless otherwise required by this chapter. Such a review shall ensure
that any sign proposal is in conformance with this article, as well
as other applicable ordinances and policies of the City of Escondido.
Sign applications referred to the planning commission by the director,
shall be scheduled for the next available planning commission meeting
upon determination of a complete application.
(2) Sign permits which do not require review by the planning commission
pursuant to this chapter and are not referred to the planning commission
shall be processed by the planning division within five working days
of submittal of a complete application. In the event that the sign
permit application is not approved, conditionally approved or denied
within five working days, the applicant may request a refund of 1/2
of the planning sign permit fees.
(e) Appeals. Appeals of the director's decision shall be to the planning
commission and must be filed in the planning division in writing within
10 calendar days of that action. Such appeal shall be accompanied
by the appeal fee as adopted by the city council. Appeals of the planning
commission's decision may be made to the city council by filing a
written appeal with the city clerk within
10 calendar days of the commission's action and paying the fees
as adopted by the city council.
(f) Building permit required. Sign permits shall be in addition to any
other permits which may be required by applicable law. Sign permits
must be obtained before other sign related building permits may be
issued.
(g) Administration. It is the responsibility of the director to administer
and enforce all provisions.
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2020-14 § 10, 8-12-20)
(a) Exempt signs. The following signs shall be exempt from the application
and sign permit requirements, but must be in conformance with all
other requirements of this chapter. A building permit and/or encroachment
permit may be required. No sign shall obstruct the vehicle sight distance
area at intersections and driveways pursuant to section 33-1391(65).
(1) Glazing area signs.
(A)
Internal signs affixed to glazing areas and oriented to the
exterior and public view, not exceeding 20% of the area of glazing
on which it is located. Temporary signs may be of expendable materials
such as cloth, paper, paint, etc. Permanent signs shall be of nonfading
materials permanently applied in a professional manner. Permanent
glazing area signs may include incidental signs, and information such
as hours of operation or a proprietor's name,
(B)
Any window sign used as permanent identification of the business
name or logo shall be considered a wall sign and the sign area shall
be included in the total wall sign area allowed for the building or
tenant space. A sign permit is required for such business sign;
(2) Real estate signs for single and multiple residential rental and
sales. One on-site sign per street frontage, up to two, not exceeding
four square feet in area, provided it is unlit and is removed within
15 calendar days after the close of escrow or the rental or lease
has been accomplished. Up to two riders identifying the agent and/or
special feature of the property may be added to the signs. Sign height
not to exceed five feet including riders. One on-site and up to three
off-site open house signs, not exceeding four square feet in area
and five feet in height, are also permitted for the purpose of selling
a single house or condominium. Up to three balloons, each not exceeding
24 inches in any dimension, may be attached to on-site real estate/open
house signs. Other attention-getting devices are not permitted;
(3) Contractor or construction signs.
(A)
Residential projects consisting of five units or more and commercial
and industrial projects shall be allowed, one wall or freestanding
sign on the construction site for all contractors (may include financial
institutions, real estate agents, subcontractors, etc.). The sign
area may not exceed 50 square feet unless legally required by government
contracts to be larger. No freestanding sign shall exceed 15 feet
in overall height. Such sign shall be removed by the contractor(s)
upon the granting of occupancy by the city,
(B)
Residential projects involving four or less units shall be allowed
two wall or freestanding signs. Each sign shall not exceed four square
feet in area. Freestanding signs shall not exceed five feet in height.
Such signs shall be removed by the contractor(s) upon the granting
of occupancy by the city;
(4) Real estate signs for commercial and industrial premises. One sign
per street frontage is allowed, up to two signs which advertise the
sale, lease or rent of the premises. These signs shall not exceed
24 square feet in area for lots/centers three acres or less in size,
or 48 square feet for lots/centers over three acres in size. These
signs may be freestanding signs, wall signs or banners. No such freestanding
sign shall exceed eight feet in overall height. Freestanding signs
may be double-sided if the panels are of equal size and are mounted
back-to-back (parallel) or in a "V" shape if the interior angle does
not exceed 90 degrees. The area of only one side of a double-sided
sign shall be calculated to determine the area of the sign. Such real
estate signs shall be removed within five calendar days after the
property to which they refer has been rented, leased or sold;
(5) Interior signs. Devices or displays which are entirely inside a building
or in a display space of a lawful show window and are not affixed
to the window pane;
(6) Historic site signs, on-premises memorial tablets or plaques. These
include those installed by the City of Escondido, a city-recognized
historical society, or civic organization, or other displays which
do not advertise goods or services;
(7) Directional/informational signs as defined in section
33-1391. Such signs shall not exceed two square feet in area. Freestanding signs shall not be higher than three feet. Directional/informational signs exceeding these limits may be allowed only for car-wash, polishing, vacuuming, and detailing uses with approval of a comprehensive sign permit, as set forth in section 33-1392(c). No directional/informational sign shall contain any advertising or trade name information, although minor business identification, not exceeding 20% of the sign area, is allowed for directional purposes. Real estate directional and kiosk signs shall not be included in this category;
(8) Future tenant identification signs may be placed on vacant or developing
property or on a vacant tenant space to advertise the future use of
an approved project or the future tenant of the suite. One such sign
is permitted which shall not exceed 20 square feet in area for a future
tenant, or 32 square feet for a vacant or developing property. Freestanding
signs shall not be higher than eight feet. Any future tenant identification
sign shall be removed upon granting of occupancy by the city;
(9) Residence identification signs used to identify individual names
and/or addresses of individual residences. Such signs shall not exceed
two square feet in area. A maximum of two signs or name plates are
allowed per dwelling unit;
(10) Official and legal notices issued by the court, public body, person
or officer in performance of his or her public duty or in giving any
legal notice;
(11) Signs providing notice of public hearing, direction, warning, or
informational signs or structures required or authorized by law or
by federal, state, county or city authority;
(12) Official flags. Up to three official flags of the United States,
the State of California, or other states of the nation, counties,
municipalities, and official flags of foreign nations. Proposals for
more than three flags require a sign permit and design review. If
flags are to be displayed on vertical flagpoles, these poles shall
be permanently installed with appropriate building permits. Flags
of nationally or internationally recognized organizations and corporate
or business flags are only permitted if displayed in conjunction with
a United States flag. The Flag Code of the United States shall be
observed at all times;
(13) Seasonal decorations displayed during a holiday or announcing a community
event which do not advertise a specific product or service and are
removed within 10 working days after the holiday or community event,
except as otherwise permitted for temporary window signs;
(14) Signs of public utility companies indicating danger, serving as an
aid to public safety, showing the location of underground facilities
or public telephones;
(15) Safety signs on construction sites;
(16) No trespassing, no parking, and similar warning signs not exceeding
four square feet in area;
(17) Signs on public transportation vehicles including, but not limited
to, buses and taxicabs;
(18) Signs on licensed vehicles; provided, that such vehicles are not
used or intended for use as portable signs or as otherwise prohibited
in section 33-1393(b);
(19) Incidental signs for automobile repair stores, gasoline service stations,
automobile dealers with service repairs, motels and hotels showing
notices of services provided as required by law, trade affiliations,
credit cards accepted, and the like, attached to the structure or
building; provided, that all the following conditions exist:
(A)
The signs number not more than four unless required by state
law,
(B)
No such sign projects beyond any property line,
(C)
No such sign shall exceed an area per face of four square feet
per face. Signs may be double-faced;
(20) Copy attached to fuel pumps or dispensers such as fuel identification,
station logo, and other signs as required by law;
(21) Bill of fare signs for restaurants. Such signs shall not exceed four
square feet in area and may be displayed in the window or on the exterior
wall in an appropriate manner;
(22) Agricultural signs, either wall or freestanding types, and nonilluminated
to only identify the premises as being associated with a trade organization,
or as producing products under registered trade names, or to identify
the business name and agricultural products grown on the premises.
Such signs shall not exceed four square feet for lots two acres or
less and 16 square feet for lots greater than two acres. One sign
per street frontage is allowed with a maximum of two signs per lot.
Wall signs shall be located below the roofline. Freestanding signs
shall not be higher than six feet, and if higher than three feet shall
not be located within 25 feet of any property line abutting a street;
(23) Model unit signs. One feature sign, one model sign and two flags
or pennants for each model home may be placed on the model home lots,
at the sales office, or in the parking lot area of the subdivision.
Such signs and flags shall not exceed four square feet in area and
may be double-sided;
(24) Public signs. Signs placed on public property by federal, state or
local agencies designed to provide identification or benefit to the
public. This exemption does not apply to freestanding, wall, or bulletin
signs proposed for public facilities of the City of Escondido;
(25) Scoreboards placed on athletic fields;
(26) Barber poles outside a barbershop;
(28) Garage and yard-sale signs as permitted by the Escondido Municipal Code section
16-119.
(b) Prohibited signs. Any sign not specifically authorized by this article
shall be prohibited unless required by law or otherwise exempted by
a local agency pursuant to the
Government Code, sections 53090 et
seq., of the State of California. The following signs are expressly
prohibited:
(1) Roof signs, except a roof-type sign, where permitted by the planning
commission as a freeway-oriented sign pursuant to section 33-1395(a)(3);
(2) Flashing signs, including time and temperature signs (unless all
advertising is excluded);
(3) Inflatable advertising devices of a temporary or permanent nature,
including hot air balloons, unless approved as a special event sign
pursuant to section 33-1396(a);
(4) Animated and moving signs;
(5) Searchlights and beacons except as permitted per section 33-1396(a);
(6) Revolving or rotating signs;
(7) Vehicle signs (when parked or stored on property or street for the
purpose of identifying a business or advertising a product or service);
(8) Signs without an approved sign permit, unless exempt from the provisions
of this chapter;
(9) Portable signs and banners except where permitted by this chapter;
(10) Signs within the public right-of-way, except where required by a
government agency or otherwise permitted by sections 33-1396(c) and
33-1396(j);
(11) Signs blocking doors or fire escapes;
(12) Outside light bulb strings, except for temporary uses such as holiday
sales, Christmas tree lots, carnivals and other similar events as
defined in section 33-1391(58);
(13) Readerboard/changeable copy signs, either electric or nonelectric,
except time and temperature signs as defined in section 33-1391(63),
and other signs permitted pursuant to sections 33-1395.2(b)(3) and
(4), 33-1395.10, and 33-l396(e);
(14) Pennants, streamers, whirligigs, balloons, and other attention-getting devices except as permitted by section
33-1396 of this chapter;
(15) Signs which purport to be, imitate or resemble official traffic warning
devices or signs that by color, location or lighting may confuse or
disorient vehicular or pedestrian traffic. This does not include traffic
or directional signs installed on private property to control on-site
traffic, which do not confuse or disorient vehicular or pedestrian
traffic on a public road or right-of-way;
(16) Off-site real estate and yard sale directional signs other than those permitted by sections 33-1393(a)(2), 33-1396(c) and (d) and Municipal Code section
16-119;
(17) Billboards and signs that advertise a product, person, business or
service not available on the property where the sign is located (off-site
signs), and signs placed adjacent to a sign-controlled freeway (see
Article 52 of the Escondido Zoning Code).
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 95-18, § 2, 9-13-95; Ord. No. 98-25, § 1, 12-9-98; Ord. No. 99-27R, § 7, 12-1-99; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2012-08, § 4, 5-23-12; Ord. No. 2018-22 § 1, 12-5-18; Ord. No. 2020-14 § 10, 8-12-20)
All permanent freestanding signs shall not obstruct the vehicle
sight distance area at the intersections and driveways to the satisfaction
of the engineering department. Freestanding signs shall not be placed
within easements or over utility lines, except with the prior written
approval of all easement holders. Any site plans submitted in conjunction
with a sign permit application for a freestanding sign shall identify
the location of easements or public or private utilities within 50
feet of the proposed sign location. On sites where the existing street
is not constructed to the full designated width, signs shall be located
behind the ultimate property line unless otherwise approved by the
planning division and the engineering department with an agreement
for future removal or relocation. In addition, all permanent freestanding
signs shall incorporate the numerical address, or range of addresses,
of the parcel or commercial center at which the sign is located. The
area of the address shall not be counted in the area of the signs.
All illuminated signs shall be equipped with automatic timing devices
so that the lighting is turned off between the hours of 11:00 p.m.
and sunrise, unless exempt pursuant to Article 35, Outdoor Lighting.
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 94-33 § 2, 11-2-94; Ord. No. 2000-23, § 9, 9-13-00; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2023-06, § 3, 3-8-23)
(a) Allowable wall sign area. One square foot of sign area for every
50 square feet of gross building floor area for each business establishment.
A minimum aggregate sign area of 15 square feet shall be permitted.
The total aggregate area of all wall signs shall not exceed 300 square
feet per business establishment.
(b) Size.
(1) The maximum size of individual wall signs shall be 100 square feet.
Tenants occupying a space larger than fifteen thousand (15,000) square
feet in area may request individual wall sign(s) greater than 100
square feet;
(2) The director shall determine whether the signs are consistent with
the sign guidelines and appropriate for the specific site conditions;
(3) Projecting signs shall not exceed six square feet and shall be counted
against the total wall sign area permitted for the building. These
signs shall project from the wall not more than three feet at an angle
of 90 degrees, or hang from an overhead canopy.
(c) Wall signage on multistory buildings. Top-of-building wall signage
on buildings of three or more stories shall be limited to the address
and text and/or logo identifying the building. Such signage shall
be subject to the following sign sizes:
Number of Stories
|
Max. Letter Height
|
Max. Symbol Height
|
---|
3 to 4
|
3′6″
|
3′10″
|
5 to 9
|
4′0″
|
4′5″
|
10 to 15
|
5′0″
|
5′6″
|
(d) Location. Wall signs may not project above the primary wall line
or parapet, nor be located on or supported by the roof. Wall signage
shall not occupy more than 80% of the length of a building frontage
or tenant space frontage.
(e) Tenants in multitenant buildings with an approved comprehensive sign
program, may transfer portions of their sign allotment to a frontage
which is not part of their shop space with the written consent of
the owner of the building and the tenant occupying the space where
the sign is proposed. The total aggregate area of all signs on the
tenant spaces shall not exceed the maximum area permitted for that
tenant building. The aggregate length of all signs on a single frontage
shall not exceed 80% of the total length of the building or tenant
space frontage.
(f) Wall signs for businesses adjacent to Centre City Parkway should
be oriented toward vehicular entries on the cross streets. Wall signs
that face Centre City Parkway shall be subject to the following
additional requirements:
(1) Signs shall be limited to a maximum 24 inch letter height for all
businesses with less than 10,000 square feet of gross floor area.
Graphics associated with the text may exceed the 24 inch height limitation.
(2) Signs shall be located in a manner that reduces the potential for
visual conflict with Centre City Parkway right-of-way and parking
lot landscaping at maturity, and shall not rely on trimming or removal
of landscaping to increase or maintain sign visibility.
(3) Internally illuminated "cabinet" signs with illuminated backgrounds
shall be prohibited.
(g) Transfer of other sign entitlements. All or part of the freestanding
sign entitlements for a lot or center allowed under column A of the
chart in section 33-1395.2(a) may be transferred to permitted wall
sign area. However, no wall sign(s) shall occupy more than 80% of
the length of the building/tenant space frontage. No freestanding
sign is allowed when any sign area is transferred. If the proposed
wall signs are consistent with the design guidelines, including maximum
frontage coverage, no design review is required. Transfers up to the
maximum freestanding sign entitlement (column B of the chart in section
33-1395.2(a)) for the lot/center may be approved by planning staff
if deemed appropriate. No one sign may exceed 100 square feet unless
proposed for a tenant occupying more than 15,000 square feet of space
and planning staff determines that the proportions of the sign are
appropriate for the building and location.
(h) Super-graphic signs. Additional sign area for purposes of displaying large graphic images may be permitted pursuant to section
33-1395.11.
(Ord. No. 94-33, § 2, 11-2-94; Ord. No. 96-32, § 1, 11-20-96; Ord. No. 98-25, § 1, 12-9-98; Ord. No. 2008-22, § 7, 9-10-08)
(a) Size. The maximum size of freestanding signs shall be determined
by the size of the lot or commercial center according to the following
chart:
|
Column A
|
Column B
|
---|
Maximum size without design review
|
Maximum size with staff design review
|
---|
Lot/Center Size
|
Area
|
Height
|
Area
|
Height
|
---|
a. Up to 7,000 SF (.16 ac)
|
10 SF
|
4′*
|
20 SF
|
15′
|
b. 7,001-10,000 SF (.23 ac)
|
20 SF
|
4′*
|
40 SF
|
15′
|
c. 10,001-25,000 SF (.57 ac)
|
30 SF
|
6′
|
60 SF
|
15′
|
d. 25,001-43,560 SF (l ac)
|
30 SF
|
6′
|
80 SF
|
15′
|
e. l+ ac-3 ac
|
30 SF
|
6′
|
100 SF
|
15′
|
f. 3+ ac-7 ac
|
30 SF
|
6′
|
125 SF
|
20′
|
g. 7+ ac
|
30 SF
|
6′
|
150 SF
|
30′
|
Notes:
|
---|
*
|
Signs with appropriately designed bases may be up to five feet
high.
|
Individual signs which do not exceed the maximum sign
area and height indicated in column A and column B of the chart in
this subsection for the appropriate lot/center size category, and
which are consistent with the sign design guidelines, may be approved
administratively.
(b) Number. No more than one freestanding sign per street frontage shall
be permitted except as follows:
(1) In commercial centers over three acres, multiple freestanding signs
may be permitted as follows:
(A)
Frontages longer than 1,000 linear feet on one street may have
two freestanding signs.
(B)
One additional freestanding sign shall be allowed for each 600
linear feet of frontage on one street thereafter.
(C)
In the case of multiple frontages, the allowed number of freestanding
signs shall be calculated separately for each street and may not be
transferred to other frontages on the site.
(D)
All freestanding signs on the site shall be separated by a minimum
distance of 250 linear feet, except as may be permitted by the director.
(E)
For the purposes of determining the number of permitted freestanding
signs, the term "street frontage" shall include frontages adjacent
to Interstate 15 and Highway 78.
(F)
The maximum sign area allowed for any second or subsequent sign
on the same frontage is 70% of the maximum size allowed for the lot/center
size category for the purposes of calculating total allowable aggregate
sign area. This aggregate total may be distributed in any appropriate
fashion among all freestanding signs in the center with no single
sign exceeding the maximum sign area for the lot/center size category
under column B of the chart in subsection (a) of this section.
(2) In commercial centers over three acres in size, monument signs not
exceeding 60 square feet or eight feet in height shall be permitted
for single tenants occupying the entire building located on a separate
pad within the center. The area of the sign shall be counted in the
allowable wall sign area for the pad building and the sign shall be
located in close proximity to the subject business. A minimum separation
of 250 linear feet shall be maintained between the pad sign and any
other freestanding sign in the commercial center, unless a lesser
separation is determined appropriate by the director.
(3) Additional freestanding signs (maximum of one per frontage) may be
permitted for service stations as necessary to comply with state-mandated
price notification requirements. The maximum number of freestanding
signs allowed per service station is one per street frontage. Such
additional price signs are exempt from sign separation requirements,
but shall be limited to a maximum size of 10 square feet and maximum
height of six feet including the base.
(4) Menu signs. In conjunction with a drive-through business or automated
car wash:
(A)
Up to two freestanding menu, or other similar signs, up to 32
square feet each and a maximum height of six feet may be permitted
for drive-through businesses with one stacking lane.
(B)
Drive-through businesses with more than one stacking lane shall
be allowed one freestanding menu sign, or other similar sign, up to
32 square feet and a maximum height of six feet, and one freestanding
menu sign, or other similar sign, up to 24 square feet and a maximum
height of six feet, for each stacking lane.
(C)
A maximum of two freestanding menu, or other similar signs,
shall be oriented toward each stacking lane for drive-through businesses.
(D)
Automated car washes shall be allowed one freestanding menu
sign or other similar sign, up to 24 square feet and a maximum height
of six feet, and one pay station or kiosk, for each stacking lane.
(E)
Menu signs shall be screened from view from adjacent properties
and rights-of-way through the use of landscaping, earthen berms, walls,
etc., to the maximum extent possible.
(F)
Menu signs may be internally illuminated and utilize changeable
copy.
(G)
The area of the menu signs shall not be counted against the
allowable sign area for the business.
(c) Other limitations specific to properties on Centre City Parkway. Notwithstanding subsection
(b) above, a maximum of one freestanding sign along Centre City Parkway shall be permitted for each vehicular entry from Centre City Parkway.
(Ord. No. 94-33, § 2, 11-2-94; Ord. No. 96-32, § 1, 11-20-96; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2016-15, § 4, 10-26-16; Ord. No. 2018-15, § 5, 6-13-18; Ord. No. 2018-22, § 1, 12-5-18; Ord. No. 2020-14 § 10, 8-12-20)
(a) Eligible properties and uses. Freeway-oriented signs may only identify
the name of the center and/or the specified freeway-oriented uses
listed in the sign design guidelines, which are located on parcels
or in commercial centers physically contiguous to the Interstate 15
freeway right-of-way, or that portion of Highway 78 right-of-way west
of Broadway, or on certain noncontiguous properties which are visually
oriented to the Interstate 15 freeway and are located at off-ramp
intersections. These noncontiguous parcels are identified in the design
guidelines.
(b) Type of sign. Freeway-oriented signs may be freestanding pole or
monument type signs, wall signs, structures, or other building signs
which are determined by the director to be consistent with the design
guidelines and appropriate for the specific site and development.
(c) Number. Not more than one freeway-oriented sign is permitted for
any parcel or commercial center, and the area of the sign shall be
counted as part of the allowable freestanding sign entitlements for
the lot or center.
(d) Size. The area of the sign shall comply with the corresponding lot
center size indicated in the permitted freestanding sign chart in
section 33-1395.2(a). For lots/centers 25,000 square feet or less
in area, larger signs up to a maximum of 80 square feet may be approved
by the director based on specific site characteristics, the visibility
of the sign, and the demonstration of the need for a larger sign to
achieve the least obtrusive design solution which provides the necessary
visibility.
(e) Height. The height of freeway-oriented signs shall be the minimum
necessary to achieve a functional sign in conformance with the design
guidelines. In no event shall the overall height of the sign exceed
80 feet.
(Ord. No. 94-33, § 2, 11-2-94; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2016-15, § 4, 10-26-16)
(a) Number. No limit for a given building elevation (see subsection
(b) of this section). The maximum number of building elevations on which wall signs may be located shall not exceed the number of street frontages.
(b) Size. Total wall signage shall not exceed 20 square feet in area on each building elevation, except as may be approved pursuant to subsection
(c) of this section.
(c) Transfer of other sign entitlements. All or part of one of the freestanding
sign entitlements for a lot or center allowed under column A of the
chart in section 33-1395.5(b) may be transferred to permitted wall
sign area on any single frontage. A maximum of one freestanding sign
is allowed when any sign area is transferred. Requests for transfers
maybe approved by planning staff upon determination that the proportions
of the sign are appropriate for the building and location.
(d) Location. Signs shall be mounted flush and parallel to the building
wall on which it is located and shall not extend above the wall line
or parapet, nor be located on or supported by the roof. The length
of the sign, or aggregate length of signs in a horizontal row, shall
not occupy more than 80% of the length of the building/tenant space
frontage.
(e) Illumination. External illumination only, except halo-lit letters
are permitted.
(f) Super-graphic signs. Additional sign area for purposes of displaying large graphic images may be permitted pursuant to section
33-1395.11.
(Ord. 94-33, § 2, 11-2-94; Ord. No. 98-25, § 1, 12-9-98; Ord. No. 2008-22, § 7, 9-10-08)
Notwithstanding other sections of this article, this section
shall regulate the type, location, size, number, and eligible user(s)
of regional market signs, as well as the application and review process.
(a) Eligible users. Only a regional market group or an affiliated business
organization consisting of members of the regional market group, as
approved by the city council, may request a regional market sign.
(b) Type of sign. Regional market signs may be freeway-oriented, freestanding
pole or monument type signs, wall signs, structures, art pieces, or
other building signs which are determined by the planning commission
and city council to be consistent with the design guidelines, appropriate
for the specific site and surrounding development, and comprehensively
designed to provide artistically integrated elements which create
an innovative and high-quality advertisement.
(c) Location. Regional market signs shall be located only on commercially
and certain industrially zoned parcels contiguous to Interstate 15,
as shown on Figure 33-1395.10(c)l.
(d) Size. The area and height of the sign shall be the minimum needed
to achieve a visible and functional sign in compliance with the design
guidelines. Signs up to a maximum of 80 feet high and 710 square feet
in copy area including any message center panel approved by the city
council, with the total sign area not exceeding 825 square feet, may
be considered based on specific site characteristics, adjacent freeway
elevation and substantiation of the need for that large of sign. The
director of community development may approve a sign up to 10% larger
than the maximum sign height and sign area specified here, upon receipt
of an application for an administrative adjustment.
(e) Number.
(1)
Not more than one regional market sign is permitted for any
regional market group or lot/center where the sign will be located.
Not more than one regional market sign shall be permitted within the
industrially zoned area along Interstate 15 as described above in
subsection (c). The regional market sign may be in addition to any
existing permitted freeway oriented advertising sign(s) not related
to the regional market group, on the property at the time the regional
market sign is requested. An appropriate separation based on specific
site characteristics and existing signs shall be provided between
freeway-oriented signs.
(2)
A regional market group may have either a freeway-oriented regional
market sign or a freeway-oriented advertising sign on any site; not
both.
(f) Displays. Regional market signs may only identify the regional market group, group members, or affiliated business organization located on-site as owners or occupants of the premises, and/or advertise the business conducted or services rendered or goods produced or sold upon the property upon which the regional market sign is constructed, and other information consistent with Section 5405 of Division
3, Chapter 2 of the
Business and Professions Code, Outdoor Advertising Act, and the policies of the California Department of Transportation (Caltrans) for freeway-oriented signs.
(g) Fixed text. Any permanent fixed copy on a regional market sign shall
be individual letters or have the appearance of individual letters,
and shall be consistent with the sign design guidelines including
criteria for legibility and the avoidance of a cluttered appearance.
(h) Changeable message. An electronic message center may be incorporated
in the regional market sign with the approval of the city council,
subject to the following:
(1)
Length of display. Each message shall be displayed for a period
of at least eight seconds. The sign shall remain blank (no messages
or display) for at least one second between displays. The messages
and displays shall not be animated, appear in incremental stages or
move across the changeable copy sign face. The software manufacturer
and the software installer shall certify to the city that the software
for the computer which controls the sign has been designed to and
can only operate the sign at the approved on and off intervals.
(2)
Maximum size. The maximum size of the electronic message center
portion of a regional market sign shall be 600 square feet. The director
of community development may approve an electronic message center
up to 10% larger than the maximum size specified here, upon receipt
of an application for an administrative adjustment.
(i) Illumination. The permanent copy may be illuminated by internal illumination
of each individual letter or by halo back-lighting of each letter.
No cabinet signs with illuminated backgrounds are allowed. The changeable
copy area shall only be illuminated by the internal electronically
controlled lights of the message center component.
(j) Initiation of application. Each sign application for a regional market
sign shall be forwarded to the city council for initiation. The city
council shall make the following findings prior to initiating any
request.
Initiation findings.
(1)
The applicant(s) constitute(s) a regional market group as defined
by section 33-1391(52-1) or an affiliated business organization consisting
of members of a qualified regional market group,
(2)
The regional market group has limited visibility from the Interstate
15 freeway,
(3)
Due to interurban competition, the defined group of users is
at risk of a reduction in their share of the regional market; or
The regional market sign will assist in the retention of the
regional market group uses in Escondido.
Upon initiation by the city council, a sign(s) shall be posted
in a conspicuous location(s) on the project site so as to be visible
from each public street adjacent to the site. The sign(s) shall notify
the public of the submittal of a regional market sign application
and shall be consistent with the requirements of section 33-1300(c)(2)
of this chapter as to content and size.
|
(k) Review of application. Upon initiation by the city council, the sign permit application and processing fee shall be submitted to the planning division and shall include a site-specific study prepared pursuant to subsection
(n) of this section, as well as a list of property owners within 500 feet of the proposed sign location pursuant to subsection (1) below. If the proposed location for the regional market sign is zoned PD-C (planned development-commercial), no separate modification of the master sign program for the planned development is necessary. The sign application shall be reviewed by the planning division, whose recommendations shall be considered by the planning commission and the city council at separate public hearings. The city council shall make all the following findings prior to any approval or conditional approval of a regional market sign.
Approval findings.
(1)
The proposed sign size and design are appropriate for the proposed
location, type of regional market group, and surrounding development
including the elevation of the adjacent freeway travel lane and mature
height of landscaping, and conform to the sign standards of this section.
(2)
The proposed sign is comprehensively designed to artistically
integrate the various elements of the advertising and structure consistent
with the sign design guidelines, which creates a high quality advertisement.
(3)
The proposed sign will not be materially detrimental to the
public health, safety or welfare or injurious to the property or improvements
in the vicinity in which the property is located.
(4)
The regional market group association has demonstrated the ability
and intent to enter into an agreement with the city to provide continuing
maintenance of the regional market sign in accordance with the sign
standards and conditions of approval.
(l) Public hearing notice. Public notice of the public hearings before the planning commission and the city council shall be given pursuant to Division 6, section
33-1300 of this chapter. However, the 500 foot radius from the property line adjacent to the freeway shall be measured from the Caltrans right-of-way line on the opposite side of the freeway from the project site.
(m) Other permits. Any approval of a sign application submitted without
a current sign permit from the California Department of Transportation
(Caltrans) for the proposed location, shall be conditioned upon obtaining
any applicable sign permit from Caltrans for the proposed location.
(n) Requirements of site-specific study. The applicant shall provide
a visual study representing the sign at the proposed location which
demonstrates the visibility of the proposed sign from northbound and
southbound travel lanes of Interstate 15. The study may be photographs
or video tape of sign mockups situated on the proposed site; photo
simulations; computer simulations; or other appropriate representations
to the satisfaction of the director.
(o) Maintenance agreement. A maintenance agreement between the regional
market group and the city shall be executed prior to the issuance
of building permits for the regional market sign. The agreement shall
identify the party responsible for the maintenance and operation of
the regional market sign and shall include the annual maintenance
schedule, to the satisfaction of the city attorney.
(Ord. No. 95-18, § 2, 9-13-95; Ord. No. 96-27, § 1, 8-28-96; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2016-07, § 4, 8-24-16)
Subject to review and approval by the director, wall signs,
except projecting wall signs that incorporate large graphic images
may exceed the maximum allowable sign area subject to wall sign development
criteria and design guidelines for the underlying zone and subject
to the following additional provisions and standards:
(a) Size. In no event shall the total area of super-graphic signs exceed
two times the allowable wall sign area for the underlying zone. The
text of the sign shall be limited to the maximum allowable wall sign
area of the underlying zone.
(b) Illumination of a super-graphic sign shall not exceed an area equal
to the maximum allowable wall sign area of the underlying zone.
(c) Internally illuminated cabinet signs shall be prohibited.
(d) If deemed appropriate by the director, a super-graphic sign may extend
above the primary wall line or parapet.
(Ord. No. 98-25, § 1, 12-9-98; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2016-15, § 4, 10-26-16)
(a) Historic buildings. Signs for buildings listed in the Escondido historic/cultural
resource inventory or on the local register of historic places may
deviate from the standards and from the design guidelines if the request
is deemed historically appropriate for the significant architectural
style of the building and consistent with the historic preservation
incentives program. The historic preservation commission shall consider
each request on a case-by-case basis.
(b) Advertising structures and signs identified by the historic preservation
commission as having historic cultural significance may be maintained
pursuant to the historic preservation incentives program. The historic
preservation commission shall consider each request on a case-by-case
basis.
(c) Maintenance requirements. Failure to maintain a historic sign and
advertising structures in conformance with the following requirements
shall constitute grounds for rescinding existing sign exception:
(1)
All parts of the signs and advertising structures exempted by
this section, including neon tubes, incandescent lights, and shields
and sign faces, shall be maintained in a functioning condition as
historically intended.
(2)
Historic signs and advertising structures for which an exception
is granted shall be brought into conformance with the above requirements
within 90 days of the date the exception is granted.
(d) Alterations. Subject to the issuance of a certificate of appropriateness
pursuant to Article 40, a historic sign may be altered provided that
such alterations do not substantially change the historic style, scale,
height, type of material, or dimensions of the historic sign.
(Ord. No. 2000-23, § 10, 9-13-00; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2016-15, § 4, 10-26-16)
Sign permits may be issued for signs included under this section in any zone in the city unless otherwise designated. Applications for permits for general use signs shall be made as provided in section
33-1392 or as otherwise indicated by this section. These signs are in addition to those signs expressly permitted in particular zones and are subject to the following provisions:
(a) Special event signs. Commercial grand opening and similar signs may
be approved by the director for a limited period of time in the CG
(general commercial) and CN (neighborhood commercial zones) and for
specific uses in the M-l (light industrial) and M-2 (general industrial)
zones, as a means of publicizing grand openings and special events
such as new management and promotional sales. In addition, special
event signs are also allowed for private schools, day care centers
and churches regardless of the zoning. The regulation and limitation
of the signs shall be as follows:
(1) In advance of a special event, the business owner shall submit a
temporary sign application, which includes the dates of the special
event and the types of signs to be used. The sizes and locations of
the signs shall also be indicated.
(2) Special event signs shall be limited to a maximum of 60 days per
calendar year per business, not exceeding 30 consecutive days at any
time.
(3) Special event signs may be approved in the M-1 and M-2 zones for
motor vehicle dealers, lumberyards, restaurants, and other permitted
uses of similar retail nature, as determined by the director.
(4) Special event signs may include balloons, flags, searchlights, beacons,
pennants and streamers, banners, portable signs, or other similar
devices. Balloons may not exceed 24 inches in any dimension.
(5) One special event banner is allowed for each street frontage, except
for individual in-line shops in commercial centers where one banner
is allowed for each building face fronting on a parking lot or a street.
(6) Each special event banner shall not exceed 72 square feet in area.
(7) Large balloons and other inflatable displays may be allowed for a
maximum of 14 days per calendar year. If these balloons and displays
are to be ground-mounted, they may not exceed 30 feet in height and,
if located in the parking lot, not more than 10% of the required number
of parking spaces may be utilized for the installation of the device,
including the required tethering area around it. Roof-mounted inflatable
displays shall not extend above the height limit of the zone. A sign
permit and nominal fee is required. All requests shall be reviewed
by the planning, building and fire departments for compliance with
all fire and building codes.
(8) No special event signage (of any type) may be displayed on or attached
to any public property including telephone or utility poles, traffic
control signs or devices, street lights or other structures located
on public property.
(9) No special event signage of any type shall interfere with or restrict
vehicular or pedestrian access or visibility.
(10) Automobile sales businesses that sell new vehicle inventory, which
are located outside the Escondido Auto Park and in zones other than
PD (planned development), shall utilize the Escondido Auto Park standards
listed below:
(A)
Large, roof-top balloons are permitted for four, 10 day periods
per calendar year.
(B)
Helium filled balloons, not exceeding 24 inches in any dimension,
are permitted on Saturdays, Sundays and for special events. They shall
be removed at the close of business each day.
(C)
Each dealership shall be permitted to display banners for a
maximum of 30 consecutive days for special events, not exceeding 100
square feet in size per banner.
(D)
Window banners, antenna mast flags, wind-driven propellers,
streamers, windshield sunshades, stuffed animals and inflatable characters
are prohibited.
(E)
Temporary 25 foot by 50 foot shade tents are permitted in display
areas (not customer parking areas) for 30 day periods, or the length
of a promotion/event, whichever is less. All requests shall be reviewed
by the building division and fire department for compliance with all
building and fire codes.
(b) On-Site Subdivision Signs.
(1) One temporary on-site subdivision sign is permitted on each street
frontage of the property to be subdivided not to exceed two such signs
for any subdivision. Each sign shall not exceed 50 square feet in
area and shall not exceed a height of 12 feet.
(2) One feature sign, one model sign and two flags or pennants for each
model home may be placed on the model home lots, at the sales office,
or in the parking lot of the subdivision. Such signs and flags shall
not exceed four square feet in area and may be double-sided.
(3) Signs shall observe a minimum five foot setback from all property
lines and shall not interfere with vehicle sight distance requirements.
(4) Such sign shall be for the identification of a subdivision, price
information, and the developer's name, address and telephone number.
Signs may be either single-faced or double-faced provided the faces
are not more than 12 inches apart and are mounted along parallel planes.
(5) Such signs shall be removed within 30 calendar days from the date
of the close of escrow for the final sale of the land or last residence
for the first time. The director may grant a written extension of
the period for which signs, flags, or pennants may be maintained after
the final sale up to a maximum of six months.
(6) Signs shall be maintained in good repair at all times pursuant to section
33-4.
(c) Real Estate Kiosk Signs. Sign panels on a city-approved kiosk structure
may be authorized for the purpose of providing directional information
to residential developments with units for sale, lease, or exchange
(including assisted living developments) located within Escondido's
general plan area.
(1) Number. The maximum number of single-faced sign panels allowed shall
be 10 per development.
(2) Area and Dimensions. Sign panels shall be five square feet in total
area and shall measure five feet horizontal length by one foot vertical
height.
(3) Height. Maximum sign height for a single sign structure (kiosk) shall
be 11 feet.
(4) Kiosk Structures. All sign panels shall be located on a city-approved
kiosk structure.
(5) Permitted Locations. Signs shall be located on designated city kiosk
structures within the public right-of-way. If, in the opinion of the
director, available city kiosk structures will not permit adequate
directional information, kiosk structures may be approved by the director
on private property with the written permission of the property owner.
A kiosk location plan shall be prepared showing the site of each kiosk
and shall be submitted to and approved by the planning division prior
to the acceptance of a sign permit application.
(6) Sign Copy. Each kiosk panel shall contain only the name of the subdivision
or residential development, or developer, or development logo, and
a logo(s) regarding an award, special certification, or "green" development,
and a directional arrow. Community directional panels (City Hall,
library, parks, districts, historic sites, etc.), at the discretion
of the city, may also be allowed on kiosk structures.
(7) Spacing. No real estate kiosk sign shall be placed within 300 feet
of another except when they are across the street from one another.
A maximum of seven temporary real estate directional sign panels for
different developments may be grouped on a single kiosk structure
face. Only one panel per development may be placed on a single kiosk
structure face.
(8) Colors. Directional signs shall conform to colors and design standards
approved by the director.
(9) Right of Entry. All kiosks which are placed on private property must
have prior written consent of the property owners to allow the city,
in the event of noncompliance, to enter said property and remove the
sign. A copy of said consent shall be filed with the planning division
prior to the acceptance of a sign permit application.
(10) Changes. Any sign approved for a particular development project within
the city shall not be changed to another project without prior approval
of the director of community development.
(11) Time Period. Permits for sign panels shall be issued for a limited
period of time, not to exceed 24 months. Following the 24 month period,
the permittee may apply for one year extensions or all sign panels
shall be removed.
(12) Cash Deposit. A cash deposit or bond in the amount necessary to remove
such sign and an administration fee as may be established by resolution
of the city council may be required to be deposited with the city
to ensure compliance with the stipulations of this chapter and removal
of signs in a timely fashion. Upon confirmation that the sign has
been removed, the deposit will be refunded or the bond released. In
the event the city removes a sign, due to noncompliance with the permit
or these regulations, the full amount of the bond or cash deposit
shall be due the city in order to defray enforcement costs.
(13) Unauthorized Alterations. There shall be no additions, tag signs,
attention-getting devices, or other appurtenances added to the sign
as approved.
(14) Lighting. Artificial illumination of real estate kiosk signs by any
means is prohibited.
(d) Temporary Real Estate Directional Signs. In addition to the approved
kiosk sign panels, major subdivisions located within the general plan
area of Escondido may also request temporary real estate directional
signs.
(1) Number. Up to 10 single-faced or double-faced signs per development;
(2) Area. Temporary directional signs shall not exceed four square feet
per face nor dimensions of two feet by two feet;
(3) Height. Maximum sign height shall be five feet;
(4) Location. Temporary directional signs shall not be placed within
any public right-of-way or be attached to utility poles, nor shall
they interfere with vehicle sight distance requirements. Written approval
of the property owner(s) is required to be submitted with the application;
(5) Spacing. Each temporary directional sign shall be placed a distance
of not less than 100 feet from any other temporary directional sign
or real estate kiosk sign of the same development, except when they
are across the street from one another;
(6) Right of Entry. All temporary directional signs must have prior written
consent of the property owners to allow the city, in the event of
noncompliance, to enter said property and remove the sign. A copy
of said consent shall be filed with the planning division in conjunction
with the sign permit application;
(7) Time Periods. Permits for temporary directional signs shall be issued
for a limited period of time, not to exceed one year, or until each
unit is sold for the first time, whichever occurs first. Following
the one year period, the permittee shall apply for a six month extension
or all signs shall be removed. The total permitted time period shall
not exceed 36 months and each application for an extension shall include
a right-of-entry consent form from any new property owners involved;
(8) Cash Deposit and Fee. A cash deposit or bond in the amount necessary
to remove such signs and an administrative fee as may be established
by resolution of the city council may be required to be deposited
with the city to ensure compliance with the stipulations of this chapter
and removal of signs in a timely manner. Upon confirmation that the
signs have been removed, the deposit will be refunded or the bond
released. In the event the city removes a sign, due to noncompliance
with the permit or these regulations, the full amount of the bond
or cash deposit shall be due the city in order to defray enforcement
costs;
(9) Unauthorized Alterations. There shall be no additions, tag signs,
attention-getting devices or other appurtenances added to the sign
as approved;
(10) Lighting. Artificial illumination of temporary real estate directional
signs by any means is prohibited.
(e) Bulletin Signs.
(1) Any allowable wall or freestanding sign may be a changeable copy
sign announcing cultural activities, events or programs to be held
on the premises, for the following uses only:
(D)
Convention/conference centers;
(E)
WASC (Western Association of Schools and Colleges) accredited
primary and secondary schools (grades K-12);
(H)
City of Escondido or other public body;
(I)
Establishments which offer live entertainment.
(2) All requests for the construction of electronic changeable copy signs
shall be considered by the planning commission. Requests for manually-changed
bulletin signs shall be reviewed by planning staff.
(f)
Signs for Nonresidential Uses
in Residential Zones. Nonresidential facilities and uses located in
residential zones subject to a conditional use permit, are allowed
one wall sign, a maximum of 20 square feet in area and one freestanding
sign, a maximum of 24 square feet in area. A freestanding sign three
feet high may be located anywhere on the site. A taller sign up to
a maximum of six feet high shall maintain the required setback of
the zone. All freestanding signs must be compatible with the structure
and/or property where they are installed and shall not adversely impact
the visual character of the surrounding area. For properties with
more than five acres and frontage on more than one street, one freestanding
sign per street frontage may be allowed. Only one sign per property/use
may be a changeable copy sign pursuant to section 33-1396(e).
(A) WASC (Western Association of Schools and Colleges) accredited primary
and secondary schools (grades K-12) subject to this section are allowed
one wall sign, a maximum of 40 square feet in area. Monument sign(s)
of up to six feet in height are permitted, or a pole sign of up to
15 feet in height may be permitted subject to staff design review.
The maximum square footage allowed for each freestanding sign shall
not exceed 60 square feet, and the number of freestanding signs permitted
on a site shall not exceed two. Each and every sign over three feet
shall maintain the required setback of the underlying zone.
(g) Public Facilities Signs of the City of Escondido. Freestanding signs,
wall signs, and bulletin signs for public facilities of the City of
Escondido shall be reviewed by the director for appropriate design
and scale for the site pursuant to the design guidelines, but in no
event shall any sign exceed the sizes and heights permitted in commercial
zones.
(h) Off-Site Directional Signs for Approved Historical Points of Interest.
In the case of approved historical points of interest, off-site directional
signs of a content, size, height above ground, and location acceptable
to the city may be approved by the director and the city engineer.
To be considered approved, a place or point of interest must be recorded
in the national register of historical places, the local register
of historic places, or at the California Department of Parks and Recreation
as a point of historical interest.
(i) Pole-Mounted Banners. Pole-mounted banners for the purpose of providing
business identification shall be permitted on poles within HP (hospital
professional), CG (general commercial), CP (office professional) and
PD-C (planned development—commercial) zones. All proposals for
pole-mounted banners shall be reviewed by the planning division for
conformance with the following standards:
(1) Banners shall be constructed of vinyl, cloth or similar durable material.
Each banner may be double-faced and shall be permitted a maximum area
of 16 square feet. A maximum of two banners shall be permitted on
each pole. Each banner shall be hung on the pole so that the lowest
portion of the banner is at least eight feet above the ground.
(2) Banners shall be kept in good condition and may be exhibited year-round.
For commercial centers or properties less than three acres in size,
the aggregate total of all banners shall not exceed 72 square feet.
(3) All banners shall feature color backgrounds and/or graphic images.
Text shall be limited to no more than 1/2 of the banner area. All
text shall be limited to identifying the business or enterprise on
the property only and shall not be used to display products, services
or promotions.
(j) Signs within the public right-of-way for commercial activities for
which there is a valid encroachment-removal agreement.
(1) Monument signs for which there is a valid encroachment-removal agreement
may be placed within the public right-of-way, only under the following
circumstances:
(A)
Sufficient right-of-way exists between the ultimate edge of
pavement or back of sidewalk, whichever is applicable, and the adjacent
property line, as determined by the city engineer.
(B)
Existing underground public utilities preclude the placement
of a monument sign on the property immediately adjacent to the location
where the sign is proposed.
(C)
The right-of-way is classified as a major road or prime arterial
in the General Plan.
(D)
The public right-of-way intended for placement of a monument
sign must be immediately adjacent to a commercially zoned property
or property designated for commercial use, with an operating commercial
land use activity, and the commercial property must be at least four
acres in size.
(E)
The encroachment-removal agreement must be between the City
of Escondido and the owner of the property immediately adjacent to
the location where the sign is placed.
(F)
No other freestanding sign is allowed for the adjacent shopping
center along the street where the monument sign will be placed.
(G)
New buildings have not been constructed on the property immediately
adjacent to the location where the sign is proposed after the effective
date of the ordinance codified in this subsection in a location that
would have otherwise provided an opportunity for a monument sign on
said adjacent property.
(2) Monument signs placed within the public right-of-way shall be subject
to the following conditions:
(A)
Development standards (size, height, illumination, etc.) shall
be the same as those applicable to the adjacent commercial property.
(B)
The sign is considered an on-site sign for the immediately adjacent
shopping center and shall be subject to all laws and regulations applicable
to the subject shopping center for the duration of the encroachment-removal
agreement.
(C)
The sign shall be subject to design review.
(D)
The sign shall have a decorative base and enhanced landscaping
must be provided around the base of the sign.
(E)
The sign shall be as close as possible to the immediately adjacent
property line.
(F)
The sign must be at least 100 feet from any intersection and
shall not create or exacerbate an existing sight-distance issue.
(G)
Placement of the sign shall not necessitate the removal of any
trees, either for installation of the sign and/or visibility of the
sign.
(3) The city may deny any request to place a sign in the public right-of-way
if necessary to preserve the public health, safety, and welfare, or
other public interest concerning the right-of-way.
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 99-20, § 4 Exh. A, 7-21-99; Ord. No. 2001-05, § 4, 2-28-01; Ord. No. 2008-11, § 4, 5-21-08; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2009-02, § 4, 2-25-09; Ord. No. 2012-08, § 4, 5-23-12; Ord. No. 2017-08, § 7, 5-24-17; Ord. No. 2018-22, § 1, 12-5-18; Ord. No. 2019-10, § 7, 8-21-19)
Up to 30 days prior, and 10 days after any local, state, regional
or national official election temporary signage is allowed on all
private property. Sign area is limited to 16 square feet per sign
in all zones. All freestanding temporary signs shall not exceed an
overall height of eight feet from the finished grade immediately around
the sign. The number of signs during this time period is not limited.
No permit is required for the placement of temporary signage pursuant
to this section. All signs prohibited by section 33-1393(b) of this
article are expressly prohibited as temporary signage. Such signage
may carry any form of noncommercial signage, consistent with this
article.
Temporary signage shall not obstruct the vehicle sight distance
area at intersections and driveways.
For purposes of this section, vehicle sight distance means the
area through which a driver has a clear view of oncoming vehicle and
pedestrian traffic when waiting to proceed at a street corner or driveway.
The sight distance at driveways should be at least 10 feet on each
side of the driveway and at least 10 feet from the back of the sidewalk
or 15 feet from existing curb or edge of pavement. At nonsignalized
corners, the clear view area is established by measuring 25 feet along
the street fronts from each curb return point and drawing a line across
both back points to form a triangular area. Signs in excess of three
feet above the curb grade or having a support pole larger than 12
inches in diameter installed in any clear view area shall be reviewed
and approved by the engineering division prior to installation to
ensure sufficient vehicle sight distance exists as required by this
section.
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 93-27, § 1, 10-27-93; Ord. No. 98-25, § 1, 12-9-98; Ord. No. 99-27R, § 8, 12-1-99)
(a) Violators Punishable by Fine and Imprisonment. Any person, firm or
corporation violating any of the provisions of this article shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall
be punishable by a fine of not more than $1,000 or by imprisonment
in the County Jail for a period of not more than six months or by
both such fine and imprisonment.
(b) Each Day a Separate Offense. Each person found guilty of a violation
shall be deemed guilty of a separate offense for every day during
any portion of which any violation of any provision of this article
is committed, continued or permitted by such person and shall be punishable
therefor as provided for in this article.
(c) Violation a public nuisance. Any sign or advertising structure erected,
constructed, altered, maintained, placed or used contrary to the provisions
of the article shall be declared unlawful and a public nuisance. Furthermore,
any failure, refusal, or neglect to obtain a permit as required by
the terms of this article shall be a prima facie evidence of the fact
that a nuisance has been committed in connection with any sign or
advertising structure erected, constructed, altered, maintained, placed
or used contrary to the provisions of this article.
(d) Remedies cumulative. All the remedies provided for in this section
shall be cumulative and not exclusive.
(e) Inspection to ensure compliance. Whenever there is cause to suspect
a violation of any provision of this article or to investigate either
an application for granting extension or modification or an action
to revoke or modify a permit, any officials responsible for enforcement
or administration of this article or their duly authorized representatives
may enter any site, provided they shall do so in a reasonable manner.
No owner or occupant or agent thereof shall, after reasonable notice
and opportunity to comply, refuse to permit such entry. In the course
of such inspection, no enclosed building or structure shall be entered
without the express permission of the owner or occupant.
(f) Notices to maintain, alter, or repair. Upon a written notice from
the building or planning division, the necessary maintenance, alterations
or repairs shall be made within 30 calendar days after the date of
such notice.
(g) Inventory of illegal and abandoned signs. Pursuant to the California
Planning and Zoning Laws, Chapter 2.5, Section 5491.1, the city shall
inventory and identify illegal and abandoned advertising displays
within its jurisdiction. The inventory and identification shall commence
within six months from the date of adoption of the ordinance codified
in this article, and abatement of the identified illegal and abandoned
on-premises signs shall commence within eight months of the adoption
of this article. The city may impose reasonable fees for inventory
and identification costs upon all owners or lessees of illegal and
abandoned advertising displays.
(1) Removal. Except as otherwise required in this article, signs pertaining
to enterprises, occupants or activities which are no longer using
the premises for which the sign relates or are inoperative shall be
painted out, obliterated or removed from the premises within 180 calendar
days after the enterprise or occupant has vacated the premises. Any
nonconforming signs which exist at the time a business becomes abandoned
as defined in this article shall be removed and may not be replaced,
restored or revised unless brought into conformance with this article.
(h) Public nuisance abatement. Any signs which are placed or which exist
in violation of the provisions of this article are public nuisances
and may be removed by any public employee after 10 days written notice
posted on the structure or sign and a copy forwarded by mail to the
advertising display owner at his last known address. The cost of removal
shall be billed to the sign's owner, the property owner, business
owner, or other responsible party.
(i) Summary abatement. Signs located in the public right-of-way which
are not in compliance with this article may be declared to be a public
nuisance subject to summary abatement by the city. In addition to
any criminal or civil penalties prescribed by law, the actual costs
of abatement of such signs shall be a debt owed to the city by the
person responsible for causing placement of the sign in the public
right-of-way.
(j) Removal of unsafe, illegal, or abandoned signs.
(1) Whenever any sign or part thereof other than those referred to in
section 33-9 is erected or maintained in violation of the provisions
of this article or whenever any sign is in a condition to be in danger
of falling or is a menace to the safety of persons or property, the
director shall give written notice to the permittee, owner or person
in charge of the sign. Such written notice shall specify the nature
of the violation, order the cessation thereof and require either the
removal of the sign or the execution of remedial work in the time
and in the manner specified by the notice. The time for removal shall
be not less than fifteen nor more than 30 calendar days from the date
of the mailing of the notice. Within 10 days of the date of mailing
the notice, the permittee, owner or person in charge of the sign may
request a hearing before the director or his or her designee. The
hearing shall be limited to whether the sign was erected or maintained
in violation of this article or whether the condition of the sign
is dangerous to the safety of persons or property. Upon receipt of
a written request for a hearing, the director shall schedule a hearing
and send written notice by first class mail of the time, place and
date for the hearing. After the hearing the director may affirm, modify
or revoke the order to remove or repair. The time for compliance with
the original order shall be stayed during the pendency of the hearing.
Whenever the permittee, owner or person in charge of the sign fails
to comply with an order of the director made pursuant to this section,
the director may remove or alter the sign so that it conforms to the
provisions of this article. The expense of such action by the director
shall be charged to the permittee, owner or person in charge of the
sign. Such amount shall constitute a debt owed to the city. No permit
shall thereafter be issued to any permittee, owner or person in charge
of a sign who fails to pay such costs. Any costs, including attorney's
fees incurred by the city in collection of the costs shall be added
to the amount of the debt.
(2) Any lettering, advertisement, card, poster, sign or notice of any
kind placed upon public property or on any curb, sidewalk, post, pole,
lamppost, hydrant, bridge, tree or other surface located on public
property in violation of the provisions of this code or any sign which
constitutes an immediate peril to persons or property may be removed
without prior notice by any officer or employee of the city designated
to do so by the city manager. For the purposes of this subsection,
"public property" shall include any public right-of-way.
(3)
(A)
When a sign or other matter specified in subsection (b) of this
section is posted or caused to be posted in violation of this chapter
and the city has incurred any expense in removing the sign or other
matter or in repairing public property damaged because of the posting
of the sign or other matter, the director may send a bill to the person
responsible for posting and causing to be posted the sign or other
matter for the actual or estimated cost of removal. Any such expense
incurred shall constitute a debt owed to the city. The director may
establish administrative regulations to govern the billing procedures.
Each bill shall include the cost both direct and indirect involved
in the removing of the signs or other matter and in administering
the billing procedure. The bill shall describe the basis of the amount
billed by indicating the number of signs or other matter posted illegally,
the time necessary for removal, the hourly cost for removal, the right
to a hearing and other relevant information. The bill shall also specify
a date by which the bill is to be paid which date shall be not less
than 10 business days after the bill is mailed.
(B)
Every person billed may request a hearing pursuant to subsection
(j)(4) of this section. Following the hearing the director shall within
10 business days after the date of the hearing notify the person billed
of any adjustment to the bill or any determination not to make an
adjustment. This notification shall specify the date by which such
bill shall be paid, which date shall in no event be less than 30 calendar
days after the date of the hearing.
(C)
Any person posting or causing to be posted a sign or other matter
in violation of the provisions of this chapter who fails to pay the
amount billed such persons for such violation within the period specified
in this section shall also be liable for expenses incurred by the
city in collecting the debt, including the cost of paying city employees
or other persons engaged in the debt collection.
(D)
In any civil action involving any person, firm or corporation,
or the chairman, president or other head of any committee or organization
for violation of any of the provisions of this chapter, proof that
the sign or other matter contains the name of or otherwise identifies
such person, firm or corporation, or the particular committee or organization
involved shall constitute prima facie evidence that the person, firm,
corporation or chairman, president or other head of the committee
or organization involved posted, or caused to be posted, such sign
or other matter.
(4) The owner of any lettering, advertisement, card, poster, sign or
notice of any kind placed upon public property, or constituting an
immediate peril to persons or property, which has been removed by
an officer, or employee of the city without prior notice to the owner
pursuant to the provisions of subsection (j)(2) of this section may
request a hearing conducted by the director or his or her designee.
The request for hearing shall be made in writing to the director no
later than 15 calendar days from the date the director mails the billing
statement specified in subsection (j)(3) of this section or within
30 calendar days of the date of the removal whichever occurs first.
The hearing shall be limited to determining whether the lettering,
advertisement, card, poster, sign or notices was located upon public
property in violation of the provisions of this chapter or constituted
an immediate peril to persons or property and the accuracy of the
amount billed. Upon receiving a written request for hearing the director
or his or her designee shall set a hearing not less nor more than
30 calendar days from the date of receipt of the request and shall
provide written notification of the hearing to the applicant. The
notification shall include the date, time and place of the hearing.
The decision of the hearing officer shall be final and nonappealable.
Any lettering, advertisement, card, poster, sign or notice which has
been properly removed under this section may be returned to the owner
upon payment to the city of the costs of removal as specified in subsection
(j)(3) of this section. If no timely request is made for hearing or
if no demand is made for the return of the materials removed, the
director or his or her designee is authorized to destroy or dispose
of the removed material.
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 99-27R, §§ 9, 10, 12-1-99; Ord. No. 2008-22, § 7, 9-10-08)