This chapter shall be known as the sign ordinance of the city
of Lawndale.
(Ord. 985-07 § 2)
This chapter is adopted pursuant to California Government Code
Sections 65000 et seq., 65850(b), 38774, 38775, Business and Professions
Code Sections 5200 et seq., and 5490 et seq., Civil Code Section 713
and other applicable state laws.
(Ord. 985-07 § 2)
This chapter is adopted in recognition of the important function
of signs and of the need for their regulation under this title. It
is the purpose of this chapter:
A.
To
safeguard and enhance property values in residential, commercial and
industrial areas;
B.
To
protect public investment in, and the character and dignity of, public
buildings, open spaces and thoroughfares;
C.
To
provide an environment which will promote the development of business
in the city;
D.
To
encourage sound practices of, and lessen the objectionable effects
of, competition in respect to size and placement of signs;
E.
To
aid in the attraction of visitors and shoppers who are so important
to the economy of the city;
F.
To
reduce hazards to motorists and pedestrians traveling on the public
way;
G.
To
implement the goals and strategies of the general plan;
H.
To
provide adequate means for persons to express their free speech rights
by display of a sign; and
I.
Thereby
to promote the public health, safety and welfare.
(Ord. 985-07 § 2)
This chapter regulates all signs which are not regulated by Chapter 5.13 (Special Events) or Chapter 10.40 (Temporary Street Closures for Block Parties) or Chapter 12.48 (Signs on City Property and Public Rights-of-Way). This chapter consolidates and updates all general provisions relating to the installation, regulation and amortization of signs within the defined scope, throughout the city.
(Ord. 985-07 § 2)
A.
Compliance
Required. No sign, other than those signs exempted by Article III
of this chapter, shall be erected, placed, replaced, altered, modified,
reconstructed or relocated on any property, intensified in illumination
or other aspect, or expanded in area or any dimension except in conformity
with the provisions of this chapter.
B.
Permit
Required. No such erection, placement, replacement, alteration, reconstruction,
relocation, intensification, or expansion shall be undertaken without
a permit having been duly issued therefor, except as specifically
provided otherwise in Article III of this chapter.
C.
Enforcement. The director (as defined in Section 17.08.020) is authorized and directed to enforce the provisions of this chapter by such decisions, actions, and orders as are necessary. Violations of this chapter may be enforced by administrative proceedings, a civil action, including declaratory or injunctive relief, or as an infraction pursuant to Section 1.08.030 of this code or punishable as a misdemeanor pursuant to Section 1.08.020 of this code. In any action, attorneys' fees may be recovered by the prevailing party.
D.
Message
Substitution. Subject to the property owner's consent, a noncommercial
message of any type may be substituted, in whole or in part, for any
duly permitted or authorized commercial message or any duly permitted
or allowed noncommercial message, provided that the sign structure
or mounting device is legal without consideration of message content.
Such substitution of message may be made without any additional approval
or permitting. In addition, on nonresidential uses, any display area
which is available for permanent signage, but is unused, may be used
for display of noncommercial messages on temporary signs for a maximum
of ninety days in any one calendar year. The purpose of this provision
is to prevent any inadvertent favoring of commercial speech over noncommercial
speech, or favoring of any particular noncommercial message over any
other noncommercial message. This provision: (1) does not create a
right to increase the total amount of permanent signage on a parcel,
lot or land use; (2) does not affect the requirement that a sign structure
or mounting device be properly permitted; (3) does not allow a change
in the physical structure of a sign or its mounting device; or (4)
does not allow the substitution of an off-site commercial message
in place of an on-site commercial message or a noncommercial message.
E.
Interpretation. Interpretations of this chapter shall be made initially by the director, whose decision may be appealed in accordance with Section 17.76.080 and in the same manner as any other sign-related decision. All interpretations of this chapter are to be exercised consistent with the message substitution policy and the purposes and intent of this chapter. Where a particular type of sign is erected, displayed or proposed, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the zoning code, then the director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this chapter, in light of the policies stated in this chapter.
F.
Location
Distinction. Within this chapter, the distinction between on-site
(or on-premises or point-of-sale) and off-site (or off-premises or
non-point-of-sale) applies only to commercial messages.
G.
Billboard
Policy. In adopting this policy, the city council declares that the
city has enough billboards. New billboards are prohibited. The city
completely prohibits the construction, erection or use of new or additional
billboards. No permit shall be issued for any billboard which violates
this policy, and the city will take immediate enforcement or abatement
action against any billboard constructed or maintained in violation
of this policy. In adopting this provision, the city council affirmatively
declares that it would have adopted this billboard policy even if
it were the only provision in this chapter. The city council intends
for this billboard policy to be severable and separately enforceable
even if other provision(s) of this chapter may be declared, by a court
of competent jurisdiction, to be unconstitutional, invalid or unenforceable.
This provision does not prohibit agreements to relocate presently
existing, legal billboards, as encouraged by Business and Professions
Code Section 5412, so long as such agreements are not contrary to
state or federal law.
H.
Noncommunicative
Aspects. All rules and regulations concerning the noncommunicative
aspects of signs, such as location, size, height, illumination, spacing,
orientation, etc., are enforceable independent of any permit or approval
process.
I.
Discretionary
Approvals. Whenever any sign permit, variance, conditional use permit,
sign program, design review, or specific plan approval, or other sign-related
decision, is made by any exercise of official discretion, such discretion
shall be exercised only as to the noncommunicative aspects of the
sign, such as size, height, orientation, location, setback, illumination,
spacing, scale and mass of the structure, etc. Graphic design may
be evaluated only for compliance with an approved sign program, and
then only as to commercial message signs.
J.
Legal
Nature of Sign Rights. As to all signs attached to real property,
the signage rights, duties and obligations arising from this chapter
attach to the land or other property on which a sign is mounted or
displayed. This provision does not modify or affect the law of fixtures,
sign-related provisions in private leases regarding signs (so long
as they are not in conflict with this article, chapter or other law),
or the ownership of sign structures. This provision does not apply
to commercial mascots, hand-held signs or other images which are aspects
of personal appearance.
K.
Owner's
Consent. No sign may be placed on private property without the consent
of the property owner or persons holding the present right of possession
and control.
L.
Prospective
Regulation. This chapter applies only to signs whose structure or
housing has not been permanently affixed to its intended premises
on the date on which the ordinance or regulation is adopted. This
chapter does not affect signs which were legally installed and which
exist as of the date this chapter first takes effect. However, this
provision does not legalize existing signs which were built, constructed
or erected without required permits or other approvals.
M.
Mixed
Uses. For purposes of this chapter, wherever a land parcel may be
legally used for both residential and nonresidential uses, all legal
residential uses shall be treated as if they were located in a residential
district which would allow a residential unit of the same type (i.e.,
single-family residence and/or multifamily residence), and all legal
nonresidential uses shall be treated as if they were located in a
nonresidential district allowing nonresidential uses of the same type.
N.
Severance.
If any section, sentence, clause, phrase, word, portion or provision
of this chapter is held invalid or unconstitutional or unenforceable
by any court of competent jurisdiction, such holding shall not affect,
impair, or invalidate any other section, sentence, clause, phrase,
word, portion, or provision of this chapter which can be given effect
without the invalid portion. In adopting this chapter, the city council
affirmatively declares that it would have approved and adopted the
chapter even without any portion which may be held invalid or unenforceable.
(Ord. 985-07 § 2; Ord. 1020-09 § 18)
The following definitions shall apply to this chapter:
means a portable sign constructed in the shape of the letter
A, typically hinged at the top and folding open for mounting on the
ground, typically on a sidewalk. Similar devices, including those
in the shape of the letters H, T, U or V, are also within this definition.
Such signs are also commonly known as "sidewalk sandwich board" signs.
means the maximum message display area of signs which may
be displayed by any legally operating establishment.
means any change in the noncommunicative, physical aspects
of a sign, such as size or shape, or a change in position, location,
construction or supporting structure of a sign.
means a sign with messages that visually change more frequently
than once every twenty-four hours, regardless of the method by which
the visual change is effected. This definition does not include traditional
barber poles, hand-held signs, personally attended signs, commercial
mascots, scoreboards, or signs which merely display time, temperature,
road conditions, weather information, news or stock market information.
Animated signs include electronic message signs, sometimes called
electronic reader boards.
means structural devices needed for keeping a sign fixed
to the ground, wall or roof.
means a piece of cloth, plastic or similar material, bearing
a message, emblem, logo or slogan, extended across a wall, building
or space for presenting or advertising a product, activity, service,
idea or event.
means any stationary or moving light source or light with
one or more beams that rotate or move and are directed into the atmosphere.
means a sign for which the message display area exceeds thirty-two
square feet and is mounted on a permanent structure, that also meets
any one or more of these criteria: (1) a permanent structure sign
which is used for the display of off-site commercial messages; (2)
a permanent structure sign which constitutes a principal, separate
or secondary use, as opposed to an accessory use, of the parcel on
which it is located; (3) a permanent structure outdoor sign used as
advertising for hire, e.g., on which display space is made available
to parties, other than the owner or operator of the sign or occupant
of the parcel (not including those who rent space from the sign owner,
when the message on the sign qualifies as "on-site" as defined herein),
for a rent or other consideration.
means the outdoor surface of a building not including cornices,
bay windows, or other ornamental trim, of any main exterior wall of
the building. The director shall determine which walls of any building
constitute main exterior walls.
means the straight line distance between the two extreme
points of a building which faces upon a public street, projected along
the street property line; or of a building which faces upon an access
driveway if the building front or face is perpendicular to a public
street and not projected along the street property line.
means any sign containing the name and/or address of a building,
even if it also contains other information.
means the repository device for posting notices which call
the attention of the public to community events, public hearings or
similar meetings.
means the operation of any private, nonprofit or public enterprise
for which a city business license is required.
means a sign where letters, graphics, logo, or messages are
affixed in such a manner that they may be easily changed, and which
generally are changed periodically.
means a person or animal attired or decorated with commercial
insignia, images or symbols, and/or holding signs displaying commercial
messages. This definition includes twirlers and sign clowns displaying
commercial imagery, but does not include hand-held signs displaying
noncommercial messages.
means that the message on a sign pertains primarily to the
economic interests of the sign sponsor or the sign audience, or both,
or a message that promotes a commercial or economic transaction. This
definition is to be interpreted in light of relevant court decisions.
means a sign displayed on the site where construction is
occurring, during the time of construction.
means the specific words, letters, graphics, logo or images
used for presenting a visual message to the viewing public.
means that portion of a sign which actually displays the
communicative image.
means the horizontal line formed by the extreme end of a
roof extended beyond the building to project like an appendage, overhang
or cornice, giving the lowest point of a roof level.
means any legal use of land, other than long-term residential,
which involves the use of structures subject to the building code
and the presence of people on the premises more than twenty-four hours
per week. By way of example and not limitation, this definition includes
businesses, factories, farms, schools, hospitals, hotels and motels,
offices and libraries but does not include single-family homes, mobilehomes,
residential apartments, residential care facilities, or residential
condominiums.
means a sign which may be legally displayed, erected or maintained, but is not subject to a sign permit, including, but not limited to, those described in Section 17.76.090.
means a sign made of cloth, plastic or similar material affixed
to a pole which is located outdoors and contains language for advertisement,
greeting or similar messaging purposes.
means any fabric, banner, or bunting containing colors, patterns,
or design that displays the symbol(s) of a nation, state, local government,
company, organization, belief system, idea, or other meaning.
is a pole upon which one or more flags are mounted.
means a permanent sign that is self-supporting in a fixed
location and not attached to a building. It includes a sign connected
or attached to a sign structure, fence, or wall that is not an integral
part of a building. Freestanding signs are of two main types: monument
and pole. However, flag poles are not within this definition.
means the occasional nonbusiness public sale of used, secondhand
or home-made household goods, conducted from a residential property.
This definition includes estate, yard and moving sales events.
means the business of advertising or promoting other businesses
or causes using methods of advertising, in contrast to self-promotion
or on-site advertising; also known as advertising for hire; in the
context of this chapter, it means the business of the "outdoor advertising"
or billboard industry.
means a sign which is physically held by hand, or attached
to the body of a person or animal.
means the vertical distance measured at the grade level closest
to the sign to the highest point of the sign structure, frame or uppermost
portion of any copy, whichever is higher.
means a sign that is held or worn by a person. Such signs
are also known as "hand-held" signs. A "commercial mascot," as defined
in this section, shall be considered a human sign.
means a sign displayed on, at or near an establishment which
provides functional information to the public, such as hours of operation,
credit cards accepted, restroom and telephone facilities, entrances
and exits, etc.
means the vertical distance from the lowest point to the
highest point of any letter or other piece of copy used in a sign.
means a symbol, character or emblem representing an identifiable
trade mark, corporate entity or marketable product.
means a plan establishing parameters for the size, location,
and design of all signs on a property being constructed or managed
as a single development.
means a freestanding sign constructed upon a solid-appearing
base or pedestal. This definition applies to pole signs when the poles
have been covered by cladding, and thus are not visible.
means a sign that displays an image that moves or appears
to move more frequently than once per minute, whether such motion
or apparent motion is produced by electronic, mechanical or other
means. Signs that glitter, sparkle or reflect light are within this
definition. This definition does not include signs on which the only
change is a periodic price change for the product or products customarily
sold on premises and on which the location, size and color of the
numbers remains constant are not considered changeable copy signs.
means a sign that identifies the occupant and/or address.
means a message which consists of commentary or advocacy
on topics of public debate and concern. This definition shall be construed
and interpreted in light of relevant court decisions. Noncommercial
messages do not have a location factor, such as on-site or off-site.
By way of example and not limitation, "noncommercial messages" typically
are expressions of opinions on matters of religion, politics, public
policy, arts, etc.
means a sign which was legally installed under laws or ordinances
in effect at the time of its installation, but which has become nonconforming
because of subsequently enacted ordinances or regulations.
means a sign that identifies, advertises or attracts attention
to a business, product, service, event or activity sold, existing
or offered at a different location (subject to the qualifications
stated in the definition of "on-site sign"). The off-site/on-site
distinction applies only to commercial messages.
means any sign, or portion thereof, that identifies, advertises,
or attracts attention to a business, product, service, event or activity
sold, existing or offered upon the same property or land use as the
sign. The off-site/on-site distinction applies only to commercial
messages. In the case of multiple tenant commercial or industrial
developments, a sign is considered "on-site" whenever it is located
anywhere within the development. In the case of a duly approved sign
program or specific plan, a sign placed at any location within the
area controlled by the program, guidelines or plan is "on-site."
means any sign without a structure, frame, pole, or support
that is exhibited or displayed on the exterior surface of a building,
wall, window, door or other surface.
means a ground sign supported by one or more poles.
means any sign capable of being carried or readily moved
from one location to another, including, but not limited to, an A-frame
sign, "sandwich sign," a sign on wheels, or a sign which leans against
a stationary object, building, or structure. Portable sign does not
include a temporary directional/information sign, political sign,
or human sign.
means that wall of a building which contains the principal
entrance or entrances to the building. If there are principal entrances
on more than one wall, the longest of the walls in which principal
entrances are located shall be the primary building face. "Primary
building face" shall include not only the wall itself but all doors,
windows, or other openings therein and projections therefrom.
means a sign which projects or extends from and is attached
to a wall or parapet of a building with the display surface of the
sign in a place perpendicular to or approximately perpendicular to
the wall.
means any sign giving information, directions or warning
regarding public utilities like gas, water, sewer lines or electricity.
means the linear distance along any property line or lines
fronting any public street or streets, or private streets serving
as public thoroughfares, for purposes of calculating allowable sign
area. Frontage on any public or private street serving as a public
thoroughfare, excluding alleys, is within this definition. In the
case of a corner lot, qualified street frontage includes all frontage
along all streets which abut the lot or parcel. If a lot or parcel
contains commercial or industrial establishments without any street
frontage, the building frontage of each such establishment may be
computed as the qualified street frontage in calculating the allowable
sign area of each business establishment.
means any sign, temporary in nature, the copy of which concerns
the proposed sale, rent, lease or exchange of real property. This
definition does not include occupancy signs at establishments offering
transient occupancy, such as hotels and motels.
means any sign erected upon a roof, parapet or roof-mounted
equipment structure and extending above a roof, parapet, or roof-mounted
equipment structure of a building or structure.
means the top edge of a roof or building parapet, whichever
is higher, excluding any cupolas, pylons, chimneys, or minor projections.
is a collective term that refers to codes for building, electrical,
mechanical, plumbing, demolition, fire, grading, etc.
means any device, structure, fixture, paint, or placard displaying
graphics, symbols, and/or written copy for the primary purpose of
communicating with the public, when such image is visible from any
public right-of-way. "Sign" shall include any moving part, lighting,
sound equipment, framework, background material, structural support,
or other part thereof. A display, device, or thing need not contain
any lettering to be a sign. Notwithstanding the generality of the
foregoing, the following are not within this definition:
Aerial signs or banners towed behind aircraft;
Architectural Features.
Decorative or architectural features of buildings (not including
lettering, trademarks or moving parts), which do not perform a communicative
function (example: a color strip used as trim around a new building);
Barber poles displayed outside establishments providing hair
cutting and styling services;
Fireworks, etc. The legal use of fireworks, candles and artificial
lighting not otherwise regulated by this chapter;
Foundation stones and cornerstones;
Grave markers, grave stones, headstones, mausoleums, shrines,
and other markers of the deceased;
Historical plaques;
Holiday and cultural observance decorations on private residential
property and which do not include commercial advertising messages;
Interior Signs.
Signs or other visual communicative devices that are located
entirely within a building or other enclosed structure and are not
visible from the exterior thereof, or located on the inside of a building
and at least five feet from the window, provided the building or enclosed
structure is otherwise legal;
Manufacturers' Marks.
Marks on tangible products, which identify the maker, seller,
provider or product, and which customarily remain attached to the
product even after sale;
Mass Transit Graphics.
Graphic images mounted on duly licensed mass transit vehicles
that legally pass through the city;
Merchandise on public display and presently available for purchase
on-site;
News racks and newsstands;
Overhead Signs.
Graphic images which are visible only from above, such as
those visible only from airplanes or helicopters, when such images
are not visible from the street surface or public right-of-way;
Party Jumps or Bounce Houses.
Inflatable, temporary, moveable, gymnasium devices commonly
used for children's birthday parties, and similar devices;
Personal Appearance.
Items or devices of personal apparel, decoration or appearance,
including tattoos, makeup, wigs, costumes, masks, etc. (but not including
commercial mascots or hand-held signs);
Shopping carts, golf carts, horse drawn carriages, and similar
devices; automobiles are not within this exclusion;
Symbols Embedded in Architecture.
Symbols of noncommercial organizations or concepts including,
but not limited to, religious or political symbols, when such are
permanently integrated into the structure of a permanent building
which is otherwise legal (examples: stained glass windows, religious
statuary, church bells);
Vehicle and Vessel Insignia.
Certain parts of street legal vehicles and properly licensed
watercraft: license plates, license plate frames, registration insignia,
noncommercial messages, messages relating to the business of which
the vehicle or vessel is an instrument or tool (not including general
advertising), messages relating to the proposed sale, lease or exchange
of the vehicle or vessel, or real estate signs;
Vending Machines and Product Dispensing Devices.
Only said devices which display on-site commercial messages
or general advertising messages are within this exclusion.
means the surface space within the perimeter or perimeters
containing words, letters, figures or symbols, together with any frame
or material forming an integral part of the display but excluding
supporting structures, building face and incidental parts not drawing
attention to the subject area.
means a written authorization from the city to erect, maintain
or display a sign; in context, it may also mean written authorization
from another governmental agency, such as Caltrans.
means a temporary or nonpermanent sign advertising or pertaining
to any special event of general public interest.
means a ribbon, flag or banner used to attract the attention
to a product or service.
means a line of ribbons, flags, banners, pennants, twirlers,
or balloons, or any such attractive device used in advertising a product,
service or business enterprise.
means any device such as a pole, column, post, masonry wall,
angle iron or similar contrivance for keeping a sign firmly in place.
means a sign which meets any one or more of these criteria:
(1) it is made of lightweight or flimsy materials; (2) it is easily
installed by hand, or by the use of ordinary hand tools; (3) it does
not meet the definition of "structure" in the zoning code; (4) the
copy thereon pertains to a special event of a date certain; (5) it
is designed or intended to be displayed for a short period of time,
typically less than ninety days.
means any streamer, ribbon, whirler or similar device, meant
to attract attention to a product or service.
means a sign, banner, curtain, drapery or similar device
hanging from a wall or window as a means of advertising a product
or service.
means a sign painted or placed on a vehicle for the purpose
of advertising a product or service.
means a projecting sign with two display faces at an angle
not more than forty-five degrees to the wall, and with the two faces
meeting at an angle of over ten degrees.
means any sign attached to or painted on the wall of a building
or structure in a plane parallel or approximately parallel to the
plane of said wall or structure.
means any sign painted, attached, glued or otherwise affixed
to the inside or outside of a window, or any glass surface of any
building.
(Ord. 985-07 § 2; Ord. 1083-13 § 2; Ord. 1089-13 § 3; Ord. 1139-17 § 4)
A.
When
Required. An application for a sign permit must be submitted and approved
before the erection, placement, alteration, replacement, reconstruction,
relocation or expansion of any sign except those signs which are exempted
from the requirement of a permit by an express provision of this chapter.
Legally existing billboards are not required to obtain a permit for
a change of message.
B.
Right
to Permit or to Build. When any sign permit application complies fully
with all applicable provisions of this chapter, and all other applicable
laws, rules and regulations, the permit shall be approved by the director
and issued within sixty days. In the case of signs which are expressly
exempt from the permit requirement, there is a right to erect, display
and maintain such signs as are authorized by this chapter, subject
to the applicable rules.
C.
Conditional
Approval. A sign permit application may be approved subject to conditions
imposed by the director, so long as those conditions are required
by this chapter or some other applicable law, rule or regulation.
D.
Safety
Codes. When a sign qualifies as a "structure" under the zoning code,
a building permit shall also be required. Compliance with all applicable
safety codes, including payment of application and inspection fees,
shall be a condition of all sign permits.
F.
Multiple
Sign Applications. When an application proposes two or more signs,
the application may be granted by the director, either in whole or
in part, with separate decisions as to each proposed sign. When a
multiple sign application is denied in whole or in part, the director's
written notice of determination shall specify the grounds for such
denial.
G.
Signs
Which are Part of a Larger Project. When approval is sought for a
development that includes one or more signs, the sign aspects of the
proposed development must satisfy the applicable provisions of this
chapter.
H.
Application
Form. The director shall prepare a sign permit application form and
provide it to any person on request. Any person seeking a permit for
a sign shall submit to the director a written application for such
sign permit. The same form may be used for both the application and
the decision thereon. A single form may be used for multiple signs
on the same site. A sign permit application is complete only when
it is accompanied by the appropriate application and inspection fee,
in an amount set by resolution of the city council. The form may require
the following information:
1.
Name,
address and telephone number of the applicant and, if applicable,
the name, address, and telephone number, as well as the license number,
if any, of the sign contractor;
2.
Address,
APN (assessor's parcel number) and zoning district of the property
where the sign is proposed to be displayed;
3.
Accurate,
dimensioned, and scaled site plan, showing the location of property
lines, buildings, parking areas, driveways, landscaped areas, utility
poles and wires, and existing and proposed signs on the site; as to
existing signs, information as to whether each is permitted or exempt
from permitting;
4.
Accurate
and scaled building elevations showing existing and proposed building
signs;
5.
Existing
and proposed sign area of each individual sign and the combined area
of all signs (including those already existing or previously permitted)
in relation to the maximum allowed sign area;
6.
Written
evidence of all consent of parties with an interest in the property
whose interest may be impacted (e.g., consent of land owner and/or
lessor);
7.
A
statement as to whether the sign is intended to be used in whole or
in part for off-site commercial messages, advertising for hire or
general advertising;
8.
A
statement or graphic description indicating whether the proposed sign,
or any part of the sign, is proposed to utilize any of the following
physical methods of message presentation: sound; odor, smoke, fumes
or steam; rotating, moving or animated elements; activation by wind
or forced air; neon or other fluorescing gases; fluorescent or day-glow
type colors; flashing or strobe lighting; liquid crystal displays
or other video-like methods; use of live animals or living persons
as part of the display; mannequins or statuary;
9.
A
statement as to whether the property or parcel on which the sign is
proposed to be erected or displayed, or any currently existing sign
thereon, is the subject of any outstanding notice of zoning violation
or other code violation or notice to correct, including whether any
such deficiencies are to be remedied by the proposed application;
10.
Photographs of the existing property, parcel and/or building on which
the sign is proposed to be erected or displayed; and
11.
In the case of any proposed sign which is subject to a discretionary
process, such as a variance, conditional use permit or sign program,
all information required by such process(es).
The director is authorized to modify the list of information
to be provided on a sign permit application; however, new items shall
apply only to applications submitted after the new items become effective.
I.
Completeness.
The director shall determine whether the application contains all
the required information. If it is determined that the application
is not complete, the applicant shall so be notified in person or in
writing within thirty days of the date of receipt of the application;
the notice shall state the points of incompleteness and identify any
additional information necessary to render the application complete.
No new or additional application fee is required when a corrected
application is submitted within sixty calendar days of the notice
of the applicant's failure to complete the application.
J.
Denial. When a sign permit application is denied, the denial shall be in writing and sent to the address shown on the applicant's application form, and shall state the grounds for denial. A denied applicant may appeal pursuant to Section 17.76.080.
K.
Resubmission.
An application resubmitted with corrections rectifying the reasons
for denying the application, if submitted within sixty days of the
date of denial, and if found to be in conformity with the provisions
of this chapter, shall be approved. A new application shall not be
required for an application revised and resubmitted within sixty days
of denial.
L.
Disqualification.
No sign application will be approved if:
1.
The
applicant has installed a sign in violation of the provisions of this
chapter and, at the time of submission of the application, each illegal
or nonpermitted sign has not been legalized, removed or included in
the application;
2.
There
is any other existing code violation located on the site of the proposed
sign(s) (other than an illegal or nonconforming sign that is not owned
or controlled by the applicant and is located at a different establishment)
which has not been cured at the time of the application, unless the
noncompliance is proposed to be cured as part of the application;
3.
The
sign application is substantially the same as an application previously
denied, unless: (a) twelve months have elapsed since the date of the
last application, or (b) new evidence or proof of changed conditions
is furnished in the new application; or
4.
The
applicant has failed to obtain any applicable required use permit
or conditional use permit. However, applications for such permits
may be processed simultaneously with a sign permit application.
M.
Signs
Associated with Uses Requiring Special Use Permits. When a sign is
proposed as part of, or accessory to, a land use that is itself subject
to a special use permit or conditional use permit, the sign shall
be subject to the use permit standards adopted by the planning commission
and/or the city council; however, the only conditions which may be
imposed on signs are those conditions which address the noncommunicative
aspects of the signs, and the on-site or off-site commercial message
factors.
N.
Inspection.
All signs which meet the definition of "structure" in the zoning code
are subject to all inspection requirements of that code.
O.
Expiration
and Extension. Each duly approved sign permit and each sign variance
or other formal approval shall expire one year after the date it is
granted unless, prior to such expiration date, the approved sign has
been erected and passed all final inspections, or is under way on
such date and is thereafter diligently pursued to completion. Prior
to the original expiration date of a sign permit or sign variance
or other authorization, upon the applicant by the permittee, the permit
or authorization will be extended one time only for twelve months
from the original date of expiration.
P.
Revocation
or Cancellation. The director may revoke any approval or permit upon
refusal or failure of the permittee to comply with the provisions
of the permit or this chapter after written notice of noncompliance
and at least fifteen calendar days opportunity to cure. The notice
and opportunity to cure does not apply when a sign, by virtue of its
physical condition, constitutes an immediate and significant threat
to public safety.
Q.
Permits
Issued in Error. Any approval or permit issued in error may be summarily
revoked by the city upon written notice, to the holder, stating the
reason for the revocation. "Issued in error" means that the permit
should not have been issued in the first place.
R.
Time
for Decision. Sign permit applications must be processed and decided
within sixty days.
(Ord. 985-07 § 2)
A.
Scope.
This section applies to appeals of sign permit decisions and all other
sign-related decisions, including, but not limited to, revocation
of permits, orders to abate, variances, sign programs, special use
permits, etc.
B.
Levels
of Review. Except for signs subject to initial review by the planning
commission, initial review of all sign permit applications shall be
administrative, by or under the direction of the director. Any appeals
would first be heard by the planning commission, then the city council.
The city council's determination shall be final unless judicial review
is sought. Sign program proposals and variance applications begin
their formal review at the planning commission level, although the
director may perform an initial review and make recommendations to
the planning commission. All reviews by the planning commission and
city council shall be at a duly noticed public hearing at which evidence
shall be taken, findings made, and a written decision issued within
sixty days.
C.
Who
May Appeal. Appeal from a permit decision or any other sign-related
decision may be made by the applicant, the owner of the subject sign,
or any other person whose interests are directly affected by the decision.
D.
When
Appeal Rights Arise. The appeal right arises at the earlier of: (1)
when a written decision is delivered to the applicant, or (2) the
time for decision has run without the issuance of written decision
to the applicant. For the purposes of this section, "delivered" means
the date the decision was personally delivered to the applicant or
postmarked, whichever occurs first.
E.
Time
and Method of Appeal. Appeal from a sign-related decision is effected
by filing a signed, written notice of appeal with the city clerk within
fifteen calendar days of when the appeal right arises. The notice
shall identify the decision, the person appealing, and the grounds
of the appeal, and provide contact information for the appellant.
Use of a standard form provided by the city is optional. The notice
is effective only when accompanied by the applicable appeal fee in
an amount set by the city council.
F.
Time
for Decision. At each level of review or appeal, the decision shall
be rendered in writing within sixty calendar days. The time period
begins running when the application is complete (or is deemed complete
because no notice of incompleteness has been given), or the notice
of appeal has been filed, whichever applies. The timely decision requirement
may be waived by the applicant or appellant. If a decision is not
rendered within the sixty days the application shall be deemed approved.
In the case of an appeal, "deemed approved" means that the lower level
decision shall be deemed affirmed.
G.
Status
Quo. During the pendency of review or appeal, the status quo of the
subject sign(s) shall be maintained. This does not apply whenever
a sign, by virtue of its physical condition, constitutes a significant
and immediate threat to public safety.
(Ord. 985-07 § 2)
Unless otherwise provided in this chapter, the signs listed
in this section are categorically exempt from the permit requirement.
This section is not intended to be exhaustive as to exemptions from
permitting, in that other provisions of this code may contain other
exemptions. Signs exempt from permitting are subject to other applicable
codes, regulations or rules.
The following categories of signs are exempt from permitting
and application fee requirements:
A.
Official
notices issued by any court, public body or public officer;
B.
Notices
posted by any public officer in performance of a public duty or governmental
function, or for any person in giving legal notice;
C.
Traffic,
directional, warning, or information signs required or authorized
by the public authority having jurisdiction;
D.
Official
signs used for emergency purposes only;
E.
Public
utility signs, provided such signs do not exceed three square feet
in area;
F.
Flags displaying noncommercial images or symbols, provided they comply with all applicable codes including Section 17.76.120 regarding area and number and height of poles;
G.
Signs
that conceal interior storefront security bars, grilles or gates at
such times that such bars, grilles or gates are being utilized for
security purposes.
(Ord. 985-07 § 2; Ord. 1084-13 § 4)
Unless otherwise provided, the following signs shall be prohibited
in all zones:
A.
Lighting—Wattage.
Signs which contain or utilize any exposed incandescent lamp with
a rated wattage in excess of forty watts. Notwithstanding this wattage
allowance, all exterior lighting fixtures shall be directed onto the
property and no direct glare shall be visible from adjacent residentially
zoned and/or developed properties. Moreover, the maximum allowable
illumination at the property line shall not exceed one-half foot candles;
B.
Lighting—Exposed.
Any exposed incandescent lamp with an internal or external metallic
reflector;
C.
Spotlights
and Search Lights. No sign shall contain any spotlight or searchlight
used for advertising purposes which is visible from any public right-of-way;
nor shall any illuminated sign change color or intensity;
D.
Animated
signs and moving image signs;
E.
Any
moving, flashing, rotating or scintillating sign component or structure;
F.
Any
sign advertising or displaying a message advocating or promoting any
unlawful act, business or purpose;
G.
Devices
or signs emitting bubbles, smoke, fumes, or other free floating particles
of matter;
H.
Any
notice, placard, bill, poster, card, sticker, banner, sign, advertising
or other device calculated to attract the attention of the public,
which any person posts, prints, sticks, stamps, tacks, or otherwise
affixes, or causes the same to be done to upon any street, street
furniture, right-of-way, sidewalk, crosswalk, curb, lamp post, hydrant,
tree, alley, telephone, or lighting system, or other public alarm
or communication system;
I.
Any
stringers, twirlers or propellers, flares, and similar attention-attracting
devices, including noise-emitting devices;
J.
Devices
projecting or otherwise reproducing the image of a sign or message
on any surface or object;
K.
Signs
emitting or amplifying sounds for the purpose of attracting attention;
L.
Resemblance
to Traffic Devices. No sign shall, by color, wording, design, location
or illumination, resemble or conflict with any traffic control device;
M.
Signs
which block or interfere with the visibility at or near street intersections
or driveways;
O.
Obstruction.
No sign shall be located so that any portion of the sign or its supports
interferes with the use of any fire escape or exit, or obstructs any
required standpipe, stairway, sidewalk, roadway, door, ventilator,
or window; nor shall any sign be located so as to obstruct the visibility
of vehicles or pedestrians;
P.
Proximity
to Utility Lines. No sign shall be closer to a utility line than allowed
by the California Public Utilities Commission and Occupational Safety
and Health Administration;
Q.
Off-Site
Commercial. Signs displaying off-site commercial messages are prohibited
except as expressly allowed by this chapter, such as human signs.
(Ord. 985-07 § 2; Ord. 1083-13 § 3)
A.
Generally.
Signs shall be maintained at all times in a safe and attractive manner,
free of fading, peeling, chipping or rusting. All supporting structures,
braces, bolts, clips, supporting frames and fastenings shall be free
from deterioration, termite infestation, rot, rust or loosening.
B.
Ground
Maintenance. Every person responsible for any sign or sign structure
shall keep the ground within eight feet from the base of such sign,
signboard or advertising structure free and clear of weeds, rubbish
and other flammable waste material.
(Ord. 985-07 § 2)
