A.
This
chapter is intended to implement the goals and policies of the General
Plan of the City of Desert Hot Springs by preserving and enhancing
the visual aspects of the City and to promote the orderly and attractive
construction, placement, and display of signs throughout the City
of Desert Hot Springs. Other interests served include the promotion
of tourism and commerce and the overall quality of life as affected
by signs. These general provisions serve as specific development standards
to be applied in addition to any provisions within each base or overlay
zoning district.
B.
This
chapter is further intended to comply with State and Federal laws
requiring the posting of signs and notices, and to create standards
that will promote the health, safety, and general welfare of the City
by regulating the design, material, construction, illumination, location,
and maintenance of all signs and sign structures.
C.
This
chapter is also intended to provide for a more orderly presentation
of advertisements and identification of properties within the City,
to provide directional and destination information to serve the public
convenience, reduce traffic and safety hazards, and to further bring
signs in harmony with the building, the neighborhood, and other signs
in the area.
D.
The
City further intends, by this sign chapter, to balance the needs for
signs as means of expression with the need to protect the visual environment
from signage that adversely affects the character of the neighborhood
and its property values. Any adverse effect on property values results
in loss of tax revenue to the detriment of the public as a whole.
E.
In
adopting this chapter, the City recognizes that sign blight is the
functional equivalent of a public nuisance adversely affecting the
aesthetics, vitality, value, and enjoyment of property and creating
a hazard to vehicular and pedestrian traffic. The elimination of sign
blight promotes aesthetics which tends to attract tourists, residents,
and industries to the City; in turn, providing a favorable environment
for private industries, in particular the tourist industry, thereby
resulting in an economic advantage.
F.
All
signs are further subject to all relevant Declarations of Conditions,
Covenants, and Restrictions (commonly referred to as CCRs) in conjunction
with other rules, regulations and policies adopted by the landowner
upon which a sign, or proposed sign, is to be sited.
G.
The
number and area of signs as outlined in this chapter are intended
to be maximum standards.
(Prior code § 159.22.010; Ord. 785 9-19-23)
The provisions and policies stated in this section apply to
all signs within the regulatory scope of this chapter and override
any provisions to the contrary contained elsewhere in this chapter.
A.
Message
Neutrality. It is the City’s policy to regulate signs in a constitutional
manner, which is content-neutral as to both noncommercial and commercial
signs. For the purposes of this chapter, message neutral and content
neutral regulation is a “time, place, manner” regulation,
which as the name suggests, does no more than place limits on when,
where, and how a message may be displayed or conveyed.
B.
Regulatory Interpretations. All regulatory interpretations of this chapter are to be exercised in light of subsection A above. Whenever any sign permit or other authorization is subject to a discretionary review, such review shall not consider the message content of the sign, other than whether any proposed commercial messages thereon are off site or on site. Where a particular type of sign is proposed in a permit application, 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 building code, then the approving authority shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this chapter.
C.
Rules
for Noncommunicative Aspects of Signs. All rules and regulations concerning
the noncommunicative aspects of signs, such as location, size, height,
illumination, spacing, orientation, etc., shall be enforceable independently
of any permit or approval process.
D.
Multiple
Use Zones. In any zone where multiple uses are allowed, the signage
rights and responsibilities applicable to any particular use shall
be determined as follows: The particular use shall be treated as if
it were located in a zone where that particular use would be allowed,
either as a matter of right or subject to a conditional use permit
or similar discretionary process.
E.
Owner’s
Consent. No sign may be displayed on real or tangible personal property
without the express and written consent of the legal owner of the
property on which the sign is mounted or displayed. For purposes of
this policy, “owner” means the holder of the legal title
to the property and all parties and persons holding a present right
to possession, control or use of the property.
F.
Safety
Codes. In addition to the requirements of this chapter, all signs
displayed in the City must comply with all applicable safety codes,
such as building, plumbing, electrical, mechanical, grading, fire,
etc.
G.
Other
Laws. All signs displayed in the City must comply with the requirements
of this chapter and the requirements of all other applicable laws.
H.
Permit
Requirement. It is unlawful to display any sign within the limits
of the City without a sign permit, unless the particular sign is expressly
exempted from the permit requirement by a provision of this chapter,
State or Federal law.
I.
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.
(Prior code § 159.22.020; Ord. 785 9-19-23)
means any sign or display remaining in place or not maintained
for a period of 90 days or more for which no longer advertises, or
which pertains to a time, use, event, purpose, or business which no
longer exists.
means the elimination and removal of any sign in violation
of this chapter.
means the numeric reference of a structure or use to a street,
which may be included as part of a wall, pylon, or monument sign.
“advertising” or “advertisement”
refers to any message, communication or expression identifying a business
or development, announcing the availability of a product, merchandise,
or service, making claims as to the value or quality of any product,
merchandise or service or otherwise attracting attention to or promoting
(either directly or indirectly) any product, merchandise, or service.
means a temporary sign with two faces that are hinged together
to create an “A” or triangle shaped device. A-frames are
usually portable and are also referred to as “sandwich boards.”
as pertaining to this chapter, means the gradual extinction
of nonconforming signs.
means a nonstructural covering attached to a building or
supported by freestanding posts for the purposes of giving shade to
pedestrians or windows and door openings. Awnings are generally made
of canvas or other cloth material.
means a sign that is printed on, painted on, or attached
to an awning, canopy or marquee.
means freestanding letters constituting a sign utilizing
electrical illuminated fixtures at the reverse side of the sign creating
a “halo” effect around the perimeter of each of the individual
letter components that are nonilluminated (opaque) face panels so
that only letters and/or logos appear to be backlit, with no visibility
of the lighting element source. “Reverse channel sign”
is an equivalent term.
means a sign composed of lightweight material either enclosed
or not enclosed in a rigid frame. Any cloth, bunting, plastic, paper,
or similar material attached to or pinned on or extending out from
any structure, staff, pole, line, framing or vehicle, including captive
balloons and inflatable signs.
for purposes of this chapter, includes any structure requiring
a building permit.
means the length of the single front building elevation in
which the primary entrance to the business is located. If more than
1 business is located in a single building, then such length shall
be limited to that portion which is occupied by each individual business.
means a traditional box-type sign comprised of a face and
sides, with designs ranging from simple plastic faces to metal faces
with embossed letters that can be internally illuminated, externally
illuminated or nonilluminated. “Box sign” or “can
sign” are equivalent terms.
means a roof-like structure extending from part or all of
a building face and constructed as a permanent part of the building,
either attached or freestanding, that is capable of allowing vehicles
to freely pass under.
means a sign designed to allow the changing of lettering,
messages, or other information through manual, mechanical, or electrical
means including time and temperature. Changeable copy signs may have
multiple messages that are individually displayed at common intervals,
such as a traditional movie theatre marquee sign or billboard.
means signs consisting of individually lettered and/or sculpted
cabinets that are individually internally illuminated or nonilluminated
with electrical elements with translucent letter faces. “Pan
channel letter sign” is an equivalent term.
means a temporary sign, posted to advertise a civic event
sponsored by a public agency, school, religious institution, civic
fraternal organization, or similar noncommercial organization.
means a temporary sign erected on the parcel on which construction
is taking place, limited to the duration of the construction, indicating
the names of the architects, engineers, landscape architects, contractors,
or similar artisans, and the owner, financial supporters, sponsors,
and similar individuals or firms having a major role or interest with
respect to the structure or project.
is similar to a cabinet sign; however, the fabricated box
is designed to include in excess of 4 corners, intended to provide
an exterior outline of a letter or logo. “Sculpted sign”
is an equivalent term.
refers to a tenant in a structure that contains more than
one business adjoined by a common wall or roofline on the same site.
For the purposes of this chapter, a co-tenant also refers to a tenant
of a commercial landlord that leases or otherwise makes space available
within a primary business for a secondary or ancillary business or
service requiring additional or separate signage.
means signs limited to directional messages, principally
for pedestrian or vehicular traffic, such as “one-way,”
“entrance,” or “exit.”
means a sign listing the tenants or occupants and their suite
numbers in a building, center, subdivision or planned unit development.
means a business that has been discontinued based upon written
notice from the business owner(s) or based on evidence of vacancy;
see “Evidence of vacancy.”
means a single structure designed with the intent of providing
copy on both sides.
means the Commercial Downtown (C-D) zoned portion of the
downtown corridor area as designated in the City’s adopted Zoning
Map.
means the top of a parapet wall or the lowest point of a
pitched roof, including mansard style roofs. Where a parapet wall
is combined with a mansard roof, the eave line shall be the top of
the parapet.
 |
means any condition that on its own, or combined with other
conditions present, would lead a reasonable person to believe that
the property is vacant. Such conditions include, but are not limited
to, overgrown and/or dead vegetation, accumulation of newspapers,
circulars, flyers and/or mail, past due utility notices and/or disconnected
utilities, accumulation of trash, junk and/or debris, the absence
of window coverings such as curtains, blinds and/or shutters, the
absence of furnishings and/or personal items consistent with residential
habitation, statements, based on observations, by neighbors, passersby,
delivery agents, government employees that the property is vacant.
means the use of glass tubes filled with neon, argon, or
similar gas creating a colored light, the glass tubes bent to form
letters, symbols or other shapes that constitute a sign without shield
or face coverings.
means the outer surface of any main exterior wall or foundation
of a building, including windows and storefronts.
means a vertical portable sign that contains a harpoon-style
pole or staff driven into the ground for support, or supported by
means of an individual stand. It is typically a sign made of flexible
material that is generally, but not always, rectangular in shape and
attached to a pole on 1 side so the sign can move with the wind.
means a sign supported by 1 or more uprights, braces, poles,
or similar components placed upon or into the ground and detached
from any building.
means the length of the horizontal distance of a site parallel
and adjacent to a street or other public thoroughfare, but not including
such length along an alley or railroad.
means an extruded polystyrene foam board material bonded
between 2 layers of contrasting material/fiber veneer used to comprise
letters and/or logos for sign purposes.
unless otherwise indicated, means the greatest vertical distance
from the existing or planned grade of the top of the curb or street
frontage to the highest element of a sign. For sloped elevations,
the height shall be measured from the midpoint of the sign and shall
be applicable to the whole sign.
means a sign that identifies the name, nature, logo, trademark,
symbol or insignia, address, or any combination of the name, symbol
and address of a building, business, project, development, or establishment.
means any of the following:
A sign erected without first complying with all ordinances and
regulations in effect at the time of its construction and erection
or use;
A sign that was legally erected, but whose use has ceased, or
the structure upon which the display is placed has been abandoned
or not maintained by its owner, or not used to identify or advertise
an ongoing business for a period of not less than 90 days;
A sign that was legally erected which later became nonconforming
as a result of the adoption of an ordinance, the amortization period
for the display provided by the ordinance rendering the display nonconforming
has expired, and conformance has not been accomplished;
A sign which is a danger to the public or is unsafe; or
Any sign that constitutes a traffic hazard or creates any other
unsafe condition.
means a sign with an artificial source of light for the purpose
of illuminating the sign.
means a low-profile independent structure supported on grade
at the bottom of the sign with the appearance of having a solid base
set in a landscaped area and incorporates the materials and architectural
theme of the building(s) on the same property.
means a building containing more than 1 individual business
within a shopping, professional or industrial complex.
means any sign containing neon or other inert gaseous chemical
that provides a visible discharge or that glows.
means any sign which fails to conform to the regulations
of this chapter.
refers to property not improved with or zoned for a single-or
multiple-family residence.
means a sign or sign structure of any kind or character,
including billboards, which advertises products, merchandise, activity,
or service not available on or at the premises upon which the sign
is located. Bus benches with advertising are not included within this
definition. For purposes of this chapter, the on-site/off-site distinction
applies only to commercial messages; all signs with noncommercial
messages shall be deemed to be on site, regardless of location.
means any commercial sign which advertises products, merchandise,
activity, or service available on or at the premises upon which the
sign is located. For purposes of this chapter, the on-site/offsite
distinction applies only to commercial messages; all signs with noncommercial
messages shall be deemed to be on site, regardless of location.
means a sign painted, either on a face, wall, or roof of
a building or other structure, nonelectrical in nature except such
signs may have illumination from exterior light.
means a freestanding sign of which the entire bottom of the
sign is generally in contact with or in close proximity to the ground
and which has a width of 2 feet or a height at least 3 times the width.
means a sign that is not permanently affixed to a structure
or the ground.
means a sign face that is elevated by 1 or 2 structural supports
that is architecturally integrated with the design of the primary
structure on the property excluding pole signs, directional signs,
billboards, and freeway-oriented signs.
refers to property improved with or zoned for single- or
multiple-family residence(s). “Roadway memorial sign”
is a statement of grief placed near a roadway.
means the upper edge of any building wall or parapet exclusive
of any sign tower for any flat roof structure, or a line halfway between
the eave line and the ridge line of the roof, exclusive of any sign
tower, of any gable-roof structure.
means a sign erected, constructed, or placed upon or over
the eave or roof of any building or, in the case of a flat roof structure,
one that extends over or above the roof line, or any sign affixed
to the wall or a building so that it projects above the eave line
of a roof; and which sign is wholly or partially supported by the
building; but not including a sign on a mansard roof, portico or canopy
if said mansard roof, portico or canopy is architecturally integrated
with the building.
is similar to a cabinet sign; however, the fabricated box
is designed to include in excess of 4 corners, intended to provide
an exterior outline of a letter or logo. “Contour sign”
is an equivalent term.
means a group of at least 3 or more businesses, within a
building or buildings, which functions as an integral unit where common
vehicular access to the street and common on-site parking facilities
are provided.
in addition to its common meaning, means any mark or painted
character on any object, structure, device, figure, statuary, painting,
display message, placard, or other contrivance, or any part thereof,
visible from outside of a structure. The word “sign” also
includes any graphic announcement, declaration, demonstration, display,
illustration, or insignia when the same is placed in view of the general
public. For the purposes of this chapter, at all times that a sign
is being held by an individual, it shall be exempt from this chapter.
A sign shall not mean murals, paintings, or other works of art.
means the entire face of a sign, including the surface and
any framing, projections, or molding, not including the support structure.
Individual channel-type letters mounted on a building shall be measured
by the area enclosed by 4 straight lines outlining each word or grouping
of words.
means the surface or that portion of a sign that is visible
from a single point as a flat surface or a plane and considered as
such together with the frame and the background.
means a coordinated plan for signage for an individual building
or group of buildings approved pursuant to the provisions of this
chapter. The sign program will identify the placement and size of
all signs, as well as the materials and method of illumination to
provide consistency among signs and compatibility with the architecture
of the building(s).
means special design criteria established by the City governing
sign allowances for designated areas of the community defined by specific
boundaries or other criteria or elements as may be established by
the City.
means a sign intended to be displayed for a limited period
of time. Such signs may include, but are not limited to, banners,
pennants, flags, streamers, balloons, or other inflated signs.
means a sign which is attached to, painted on, placed upon,
or suspended from a vehicle or trailer, either operable or inoperable,
which is subject to State licensing before it can legally operate
on public roads and highways. This shall not include bumper stickers
or the permanent finish on the body of the vehicle.
means a sign typically affixed to the wall directly adjacent
to a business door identifying a room number, person’s name,
year building was constructed, or similar communications, not used
as a primary means of advertising the location of the business.
means a sign painted on or fastened to an exterior wall of
a building or structure with the exposed face of the sign in a plane
approximately parallel to the plane of the exterior wall and not extending
above the eave line, and not projecting more than 12 inches from the
building or structure. The lowest part of the mansard-style roof shall
be considered the eave line.
means a sign that is applied, affixed, or attached to a window
or glazing and located in such a manner that it can be seen from the
exterior of the structure.
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To the extent that any term of legal or other professional art
appearing in this chapter has not been defined in this section or
elsewhere in this Code, that term shall be understood to have the
meaning and construction customarily applicable in such profession
as of the time of the adoption of this chapter. Unless otherwise defined
herein, or unless a term of legal or professional art, all terms shall
be construed according to their plain English signification.
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The rule of the common law, that statutes in derogation thereof
are to be strictly construed, shall have no application to this chapter,
which shall be liberally construed to accomplish its ends, saving
where the Constitution or laws of the United States or the State of
California shall require otherwise.
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(Prior code § 159.22.030; Ord. 785 9-19-23)
A.
Permit
Required. Unless otherwise exempted by this chapter, it is unlawful
for any person to erect, construct, enlarge, alter, repair, improve,
convert, demolish, relocate, or equip any sign within the City, including
painted signs, or to cause or allow the same to be done, without first
obtaining a written approval from the City of Desert Hot Springs Community
Development Director or his or her designee.
B.
Business
License. All businesses requesting a sign permit pursuant to this
chapter, including, but not limited to, sign companies installing
signage within the City limits shall have a valid Desert Hot Springs
business license.
C.
Application
for Sign Permit. Application for a sign permit shall be made on a
form provided by the Planning Department and shall be accompanied
by a fee as established by City Council resolution. The applicant
shall submit dimensioned plans to scale. Plans shall include elevations
and sign faces in color. The sign permit application shall include
the following information:
1.
The
location and size of all existing and proposed buildings or structures
on the property (including linear feet of frontage facing each public
right-of-way and parking lot);
2.
The
location of off-street parking facilities including major points of
entry and exit for motor vehicles where directional signs may be proposed;
3.
The
design, size, colors, materials and lighting proposed, and the proposed
location of the sign or sign structure on the property (color and
material samples shall be submitted);
4.
The
method of attachment of the sign to any structure, the footing details
for freestanding signs and the electrical details for illuminated
signs;
5.
Location
of any easements and utilities encumbering the property on which the
sign(s) will be placed;
6.
A
written statement, diagrams or pictures identifying sizes and dimensions
of all other signs existing on the property, under the control of
the applicant;
7.
A
written statement, diagrams or pictures identifying the size, square
footage of sign and method of calculation, and color relationships
of such sign or sign structure to the appearance and design of existing
or proposed buildings and structures on the property;
8.
Such
other information as the Planning Department may reasonably require
to demonstrate full compliance with this chapter and all other applicable
laws.
D.
Issuance
of Sign Permit. The completed sign permit application and appropriate
fee shall be submitted to the Planning Department and processed as
follows:
1.
The
Planning Department shall review the application and supporting information
for the sign permit. Should the application not be complete, or should
the application fail to comply with the provisions of this chapter,
the Community Development Director or his or her designee shall notify
the applicant in writing of how the application is incomplete, or
how it does not comply with this chapter.
2.
All
sign permit applications shall be reviewed by the Planning Department.
The Community Development Director or his or her designee shall approve
any application subject to the following criteria:
3.
In
the event the Community Development Director or his or her designee
finds a single proposed sign, which is not part of a sign program,
to be incompatible with the provisions of this chapter, the Director
shall grant approval of the sign so long as all of the following findings
are made by the Director:
a.
The sign is highly creative in nature, including architectural, design,
special characteristics and the like;
b.
The sign is required because of special project characteristics (e.g.,
the size of the site, the size and/or number of proposed signs, limited
site visibility, classic or historic site, etc.);
c.
The sign complies with all applicable building and fire codes and
will not be a hazard to public health and safety;
d.
The design of the sign is integrated into the design of the other
uses on the property, if any;
e.
There are no outstanding Code compliance matters on the property
upon which the sign sits; and
f.
The approval of the sign is for the benefit of public health, safety,
and welfare.
E.
Application
for a Sign Program. A sign program is intended to integrate project
signs into the architectural design of the site, thereby creating
an architectural statement of high quality. A permit for a sign program
shall be required for all new commercial, office, and industrial centers
consisting of 3 or more tenant spaces within the same structure or
building. The application for a sign program shall be filed with the
project application to construct the center and shall be processed
concurrently with the project application. The purpose of the program
shall be to integrate signs with the building’s architectural
and landscaping design to form a unified architectural statement.
This may be achieved by:
1.
The
use of the same background color but allowing signs to be of different
colors which are complementary to the other tenant signages. Deviation
from color criteria is allowed subject to review and approval of the
Planning Commission. It is recommended that the sign contain 7 words
or less with sufficient letter thickness to avoid clutter and maintain
clarity.
2.
The
use of the same type of cabinet supports, or method of mounting for
signs, and the same type of construction material for components,
such as sign copy, cabinets, returns, and supports.
3.
The
use of the same form of illumination of the signs.
4.
Uniform
sign placement specifications, letter height, and logo height for
both anchor tenants and minor tenants.
5.
Logos
may be permitted and are not subject to the color restrictions specified
in the program. However, no logo should exceed 25 percent of the allowable
sign area. Deviation from logo area criteria is allowed subject to
review and approval of the Planning Commission.
F.
Revisions
to Sign Programs. Revisions to sign programs may be approved by the
Community Development Director or his or her designee, so long as
the revision is consistent with the requirements of this chapter and
the appropriate findings can be made. Revisions that would substantially
deviate from the original approval shall require the approval by the
Planning Commission of a new sign program.
(Prior code § 159.22.040; Ord. 785 9-19-23)
The following signs shall be exempt from a permit application:
A.
Signs
required or contemplated by County, State or Federal law, signs erected
by the City Engineer on public property or in the public right-of-way
to instruct or direct traffic, and signs owned or permitted by a governmental
agency over which the City does not have jurisdiction are exempted
from the regulations in this chapter;
B.
Signs
within a structure not visible from the outside of a building;
C.
Flags,
not to exceed 15 square feet per flag, per residential lot; provided,
however, that all flag poles shall be subject to other zoning and
building permit requirements and that no flags shall be permitted
on a vacant lot;
D.
A maximum
of 5 flags not exceeding 60 square feet each, on nonresidential lots;
provided, however, that no flags shall be permitted on a vacant lot;
E.
Wall
plaque signs provided that all of the following conditions exist:
1.
The
signs number no more than 2 per lot or, in the case of lots with multiple
units, 2 per unit,
2.
The
area of said signs shall not exceed 1 square foot per sign if located
on residential lots containing 4 units or less, and
3.
The
area of said signs shall not exceed 2 square feet per sign if located
on a nonresidential lot, or on a residential lot containing 5 or more
units;
F.
On-site
for-sale or for-rent signs, during the period that the subject property
is offered to the general public for sale or for lease, subject to
the following provisions:
1.
Said
signs shall be limited to 1 per street frontage, with a maximum of
2 per lot,
2.
Said
signs shall not exceed 5 feet in height,
3.
On
a residential lot, each such sign shall not exceed 4 square feet of
sign area,
4.
On
a nonresidential lot, each such sign shall not exceed 32 square feet
per sign area,
5.
Said
signs shall be located outside the public right-of-way and shall not
be located within the sight triangle, and
6.
Up
to 5 related off-site open-house signs shall be permitted during any
period that the subject property is open for public inspection; provided
that the property owner or agent is present at the site during the
period of time that the sign is in place; and provided further that
such signs are placed and removed within an 8-hour period;
G.
A “no
trespassing” or “no dumping” sign not exceeding
3 square feet shall be permitted for each property in addition to
other authorized signs.
H.
Roadside
memorial signs, which are only erected for a period not exceeding
30 days, so long as they comply with all safety provisions of this
chapter, including, but not limited to, impeding public right-of-way,
impeding sight triangles and/or driver visibility, etc. If the roadside
memorial sign is erected for a period longer than 30 days, it loses
its exempt status and must comply with all applicable requirements
of this chapter.
I.
A-Frame
sign, pedestal, or other stand type signs placed near the main entrance
on private property and oriented to pedestrians, not to exceed 3 square
feet, 54 inches in height and may be 2-sided. Shall not impede public
right-of-way access, be illuminated, or be permanently affixed. One
per establishment is allowed and does not require a temporary sign
permit.
(Prior code § 159.22.050; Ord. 785 9-19-23)
The following signs are allowed with an approved sign permit
or, if indicated, a sign program:
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PERMITTED SIGNS IN RESIDENTIAL DISTRICTS
| |||||||
|---|---|---|---|---|---|---|---|
|
CLASS
|
TYPE
|
MAX. NUMBER
|
MAX. SIGN AREA
|
MAX. SIGN HEIGHT
|
LOCATION
|
ILLUMINATION ALLOWED
|
REMARKS
|
|
1. Name Plate – Single-family uses
|
Wall/door
|
1 per occupied unit
|
2 sq ft
|
Below eave line
|
Wall/door
|
Internal only
|
Name of occupancy and address
|
|
2. Identification Sign – Multifamily or condominium complex
|
Wall or monument sign
|
1 sign per entrance with max. 15 sq ft each
|
12 sq ft
|
Below eave line for wall sign & 6 ft. for monument
|
At or near main entrance
|
External
|
Name of complex or development
|
|
3. Identification Sign – Residential community single-family
|
Wall or monument sign
|
2 signs per primary entrance
|
40 sq ft
|
6 ft
|
At primary entrances to residential community
|
External
|
Name of complex or development
|
|
4. Identification Sign – Mobile home parks
|
Wall or monument sign
|
1 sign per street frontage
|
40 sq ft
|
6 ft
|
At primary entrances to mobile home park
|
External
|
Name of complex or developme nt
|
|
5. Identification Sign – Nonresidenti al uses within residential
districts
|
Wall or monument sign
|
1 sign of each type
|
20 sq Ft
|
Below eave line for wall sign & 6 ft for monument
|
At primary entrance
|
External
|
Allowed for churches, day care centers, private clubs, and similar
uses permitted in residential districts
|
|
6. Identification Sign – Commercial uses within residential
districts
|
Wall or monument sign
|
1 sign of each type
|
20 sq ft
|
Below eave line for wall sign & 6 ft for monument
|
At primary entrance
|
External
|
Only for commercia l uses allowed in residential districts with
a Conditiona l Use Permit
|
|
7. Identification Sign – Hotels, motels, bed & breakfasts
|
Standards shall be the same as for uses in commercial and industrial
zones. However, the number of signs, sign area, height, and illumination
may be reduced if the use is located in or adjacent to a residential
district.
|
For hotels and motels permitted with a Conditional Use Permit
| |||||
|
Single Tenant, not part of a center
| |||||||
|
1. Business identification
|
Flush-mounted or projecting building-mounted wall sign
|
1 single-faced sign per building, street frontage, max. 2 signs
per business
|
1.5 sq ft of sign area per each lineal ft. of building fronting
on street 100 sq ft max.1 Max. 25 sq ft per face for projectin g signs
|
May not project above the eave line
|
Sign shall be located adjacent to the right-of-way from or entrance
of the building
|
Yes
|
Both projecting and flush-mounted wall signs shall not be on
the same frontage
|
|
2. Business identification
|
Monument
|
1 double-faced sign per frontage
|
32 sq ft
|
7 ft
|
May be located in landscape area
|
Yes
|
|
|
3. Business identification – Commerci al Highway District
(C-H) only
|
Pole sign
|
1 double-faced sign per frontage
|
125 sq ft per face
|
25 ft with 22 ft max. sign face or copy areas height monument
or supporti ve structure to consist of an area face or copy area
|
Shall be placed with the intent to advertise to freeway vehicles
|
Yes
|
Site shall be in Commercial Highway (C-H) zoning designation
|
|
4. Drive-through restaurants
|
Menu board
|
1 per drive-through lane
|
30 sq ft
|
7 ft
|
Shall not be located so as to be a hazard for driveway or corner
radius
|
Yes
|
Shall face away from the street
|
|
Multi-Tenant Shopping Centers (2 or more tenants)
| |||||||
|
1. Business identification
|
Wall or canopy
|
1 single-faced per building or street frontage or parking lot
frontage. Max. 2 signs per business
|
1.5 sq ft of area per lineal ft. of bldg. frontage on a street,
not to exceed 75 sq ft 2
|
Shall not project above the eave line
|
May be located on project site
|
Yes
|
|
|
2. Business identification
|
Window (permane nt)
|
1 sign per window
|
25% of the glass area upon which the sign is located
|
The area between 4 ft and 7 ft shall remain clear
|
Shall be placed on the inside of a window
|
No
|
Allowable aggregate of window sign(s) area shall include area
of allowable wall sign
|
|
3. Business identification – Shopping centers less than
15 acres
|
Monument
|
1 double-faced per each street frontage
|
75 sf per face
|
Sign shall not exceed the height of the structure it identifie
s or 20 ft, whichev er is less
|
|
Yes
|
A min. of 20% of the sign area shall be dedicated to center
identification3
|
|
4. Business identification – Shopping centers 15 acres
or greater
|
Monument
|
1 double-faced per each street frontage
|
120 sf per face
|
Sign shall not exceed the height of the structure it identifie
s or 20 ft, whichev er is less
|
Shall not be located so as to be a hazard for a driveway
|
Yes
|
A min. of 20% of the sign area shall be dedicated to center
Identification4
|
|
5. Business identification – Center adjacent to freeway
within Commerci al Highway (C-H) District
|
Monument or pole
|
1 double-faced sign per center
|
125 sq ft/face
|
25 ft with 22 ft max. sign face or copy height & monument
or supporti ve structure to consist of an area equal to sign face
or copy area
|
May be located in landscaped setback area
|
Yes
|
Center site must have at least 300 ft of frontage adjacent to
the right-of-way of a State or Federal freeway
|
|
6. Drive-through restaurants
|
Menu board
|
1 per drive-through lane
|
30 sq ft
|
7 ft
|
Shall not be located so as to be a hazard for driveway or corner
radius
|
Yes
|
Shall face away from the street
|
|
Service Stations
| |||||||
|
Service station
|
Wall
|
1 per street frontage; max. 2
|
10% of building face not to exceed 75 sq ft
|
Not above eave line or 20 ft, whichev er is less
|
|
Yes
|
A combination of monument & wall may be used, but no more
than a total of 3 signs
|
|
Service station
|
Monument
|
1 per street frontage; max. 2
|
32 sq ft per face (excludes area required for State regulatio
ns)
|
7 ft
|
|
Yes
|
The monument sign shall be designed to include the identity
of the station Price signs are allowed in accordance with State regulations
|
|
Service station – Special
|
Wall or ground
|
1 for each pump island, not to exceed a total of 8 per station
|
2 sq ft per face
|
8 ft
|
|
No
|
Special service signs shall be limited to such items as self-serve,
full-serve, air, water, and cashier & shall be nonilluminated
|
|
Notes:
| |
|---|---|
|
1
|
75 square feet maximum sign area in C-N District; in addition,
1.5 square feet of sign area per lineal foot of the building’s
rear elevation if a public entrance is provided from a rear street
or parking lot. 50 square feet maximum.
|
|
2
|
In addition, 1.5 square feet of sign area per lineal foot of
the building’s rear elevation if a public entrance is provided
from a rear street or parking lot. Not to exceed 50 square feet.
|
|
3
|
Minimum street frontage of 200 feet required. Sign may identify
center and/or up to 5 major tenants. Planter base or landscape area
equal to or greater than 4 times the area of 1 face of a sign. Vertical
clearance of 10 feet required for freestanding signs projecting over
vehicular passageway.
|
|
4
|
Minimum street frontage of 1,200 feet required. If street frontage
is less than 1,200 feet, then the monument sign development standards
for the centers less than 15 acres apply. Sign may be up to 6 major
tenants. Planter base or landscape area equal to or greater than 4
times the area of 1 face of the sign. Vertical clearance of 10 feet
required for freestanding signs projecting over vehicular passageway.
|
|
PERMITTED SIGNS IN INDUSTRIAL DISTRICT
| |||||||
|---|---|---|---|---|---|---|---|
|
CLASS
|
TYPE
|
MAX. NUMBER
|
MAX. SIGN AREA
|
MAX. SIGN HEIGHT
|
LOCATION
|
ILLUMINATION ALLOWED
|
REMARKS
|
|
Business identification – Single tenant
|
Monument sign
|
2 per street spaced a minimum of 200 ft apart
|
Not to exceed 100 sq ft
|
Monument signs 8 ft above grade or max of 4 ft above landscap
e mound
|
Shall not be located to create traffic hazard for driveway or
corner radius as determined by the City Engineer
|
Yes
|
Planter area or landscape area equal to or greater than the
area of 1 face of a sign1
|
|
Business identification – Single tenant
|
Wall
|
1 per street
|
1 sq ft of sign area per each lineal ft of bldg. frontag e,
not to exceed 200 sq ft.
|
May not project above eave line
|
Building façade or other location below the eave line
|
Yes
|
Shall contain only the name & product of the company
|
|
Business identification – Multi-tenant
|
Wall
|
1 per tenant
|
1.5 sq ft of sign area per lineal ft of lease frontag e, not
to exceed 25 sq ft in area
|
May not project above eave line
|
Building façade or other location below the eave line
|
Yes
|
a. Multitenant sites shall develop a coordinate d sign program
for all tenants
b. Allowable aggregate wall sign area shall include window area(s)
used for permanent signing
|
|
Business identification – Center or project
|
Entrance monument
|
1 per street entrance & 1 per major intersection
|
40 sq ft per face
|
8 ft above grade or max.
4 ft above top of planter or landscape mound
|
Shall not be located so as to create traffic hazard for driveway
or corner
|
Yes
|
a. Planter base or landscape area equal to or greater than the
area of 1 face of a sign
b. Shall contain only the name of the center or project, no
tenant information
|
|
Business directory
|
Freestanding
|
1 per street or parking lot frontage
|
32 sq ft per face
|
8 ft
|
Ground mounted
|
Yes
|
a. Intended to list only the names & addresses of on-site
occupants
b. Shall be designed as part of overall sign program
|
|
Note:
| |
|---|---|
|
1
|
A combination of wall and monument signs may be used; however,
their combined area shall not exceed the maximum sign area and no
more than 3 signs per business.
|
|
MISCELLANEOUS SIGNS
| |||||||
|---|---|---|---|---|---|---|---|
|
CLASS
|
TYPE
|
MAX. NUMBER
|
MAX. SIGN AREA
|
MAX. SIGN HEIGHT
|
LOCATION
|
ILLUMINATION ALLOWED
|
REMARKS
|
|
Business identification –Awning
|
Permanent awning sign
|
1 sign per awning allowed in addition to other signs
|
Letter height shall not exceed 1/3 of the awning height
|
|
Placed on the awning or awning valance, but not on both
|
No
|
|
|
Business identification – Pedestrian-oriented permanent
|
Blade sign or similar hanging sign
|
1 per establishment
|
6 sq ft May be 2-sided
|
|
Under awnings, arcades, or similar architectura l treatment
not intended for visibility of vehicular patrons
|
No
|
Shall maintain 8 ft height egress clearances
|
(Prior code § 159.22.150; Ord. 785 9-19-23)
A.
Except
as otherwise provided in this chapter, no temporary sign displaying
a commercial message shall be allowed unless the applicant shall have
first filed a temporary sign permit application; paid the filing fee
as provided by resolution of the City Council; and the Community Development
Director or his or her designee has approved the proposed temporary
sign. The proposed temporary sign application shall include a statement
of compliance with this chapter and certify the person responsible
for removing the sign and, in the event the sign is not timely removed
consistent with the provisions of this chapter, the person responsible
for reimbursing the City for any cost incurred to remove and dispose
of the sign. A proposed temporary sign application shall be approved
by the Community Development Director or his or her designee immediately
upon submission if the requisite fee has been paid and the proposal
demonstrates that each proposed sign meets all the conditions applicable
to a temporary sign as set out in this chapter.
B.
The
sign shall be limited to a maximum display period of 120 days within
a 365-day period. Multiple temporary sign permits may be issued for
any duration, not to exceed a maximum of 120 days within a 365-day
time period.
C.
The
following temporary banner display criteria shall apply:
1.
All
temporary banners shall be constructed of durable material that will
not deteriorate during the time period in which the banner is displayed.
Temporary banners which become frayed, torn, faded, or showing similar
signs of fatigue or failure shall be deemed to be in violation of
these provisions.
2.
All
temporary banners shall be securely affixed to the face of the façade
of the building housing the business where the business is located.
3.
Temporary
banners shall not be affixed to fences, light poles, trees, extended
over parking and/or landscaped areas or other similar techniques.
4.
No
temporary banners shall be affixed on, within, or over any public
right-of-way.
D.
No
temporary sign shall be placed or erected on any property within the
City without the consent of the owner or tenant of such property.
E.
Temporary
signs in a commercial or industrial zone with a commercial message
shall be allowed only where permanent signs are allowed.
F.
Temporary
signs shall not be illuminated.
G.
No
temporary sign shall be placed, attached, or erected on public property,
or in the street right-of-way, including, but not limited to, utility
poles, sign poles, trees, fences, walls and public buildings, except
as otherwise expressly provided in this chapter.
H.
No
temporary sign shall be placed so as to pose a visibility hazard to
pedestrian or motor vehicle traffic, and no sign shall be located
within a sight triangle.
I.
The
temporary signage shall be limited to a maximum of 16 square feet
per sign, a maximum height of 10 feet, with a cumulative maximum area
of 80 square feet, per lot, and no illumination is allowed; except,
however, that on nonresidential lots improved with a multi-unit structure,
the maximum sign face area per sign shall be increased to 32 square
feet. In addition, on nonresidential lots improved with a multi-unit
structure, each unit shall be allowed 1 additional temporary sign,
mounted on the wall, below the eave line and above the doors and windows,
subject to the following:
J.
Temporary
signs placed in violation of this chapter may be removed at the direction
of the Code Compliance Director or designee, subject to the following
notice requirements:
1.
If
a temporary sign is found in the public right-of-way or on public
property and constitutes a threat to public safety, it may be removed
immediately. Additionally, a temporary sign remaining on public property
or within the public right-of-way more than 10 days after the event
that is identified on the sign face may be removed immediately. Said
signs may thereafter be destroyed if the owner has been given at least
15 days’ notice but has not claimed the sign, or if the responsible
party cannot be identified and/or located. If said sign is identified
in a temporary sign program on file with the City or has an identification
label attached, said notice shall be directed to the responsible person
identified therein.
2.
Any
other temporary sign deemed to be in violation of this chapter, but
which does not pose an immediate threat to the public safety, shall
be removed after the owner or responsible party, if same can be identified
and/or located, has been given at least 24 hours’ notice but
has not removed the sign. If not claimed by the owner within 7 days
of removal, said sign may then be destroyed. If said sign is identified
in a temporary sign permit on file with the City or has an identification
label attached whereby the responsible person can be readily contacted,
the following provisions shall apply:
a.
The 24 hours’ notice to remove the sign shall be directed to
the responsible person identified in the temporary sign permit or
on the identification label; and
b.
If within 24 hours of a request by City staff to the responsible
person that a sign be removed, the responsible person causes the sign
to be removed, said sign shall not be deemed a violation of this chapter
and no further enforcement action shall be taken.
K.
Any
temporary sign used solely for the purpose of advertising or promoting
an event occurring on a specific date, including, but not limited
to, an election, shall not be maintained for a period in excess of
10 days after the happening of the event; except, however, a sign
used only on the day of the event shall be removed immediately upon
the conclusion of the event.
L.
All
signage shall be maintained in good repair and condition.
M.
One
on-site portable sign may be allowed provided the sign meets all of
the following requirements:
1.
An
approved temporary sign permit is on file in the Planning Department;
2.
If
an aerial or ground-mounted inflatable device, the portable sign shall
not exceed a height of 15 feet; any other type of portable sign shall
not exceed 4 feet in height and 12 square feet in area;
3.
Portable
signs shall not be set within, or extend into, the public right-of-way
or line of sight triangle;
4.
Portable
signs shall be secured to the ground to ensure stability under all
weather conditions; weighting the base with sandbags or similar objects
does not meet this condition;
5.
Portable
signs shall not be illuminated;
6.
Vehicular-oriented
portable signs shall be spaced at least 75 feet from the nearest portable
or temporary sign; pedestrian-oriented portable signs shall be placed
within 10 feet of the primary pedestrian entrance to a business, not
to exceed 1 such sign per pedestrian entry per street frontage;
7.
All
portable signs and portable sign structures shall be professionally
fabricated; and
8.
Portable
signs shall only be allowed on nonresidential lots; provided, however,
that portable signs shall not be allowed on any vacant lot.
(Prior code § 159.22.070; Ord. 785 9-19-23)
A.
Abandoned
signs;
B.
Animated,
moving, flashing, blinking, reflecting, revolving, or any other similar
sign, including searchlights, except electronic message board displays;
C.
Balloons
and other inflated devices or signs designed to attract attention,
unless permitted subject to Temporary Sign Permit;
D.
Banners,
feather signage, unless Temporary Sign Permit is first obtained, as
provided by this chapter;
E.
Cabinet
or can signs that are internally illuminated with translucent panels
that allow the entire sign background to be illuminated. Signs with
internal illumination are permitted only if the sign background is
opaque and the only portion of the sign that appears illuminated is
the lettering and/or a registered trademark or logo;
F.
Gator
foam board signs;
G.
Signs
on public property, in the public right-of-way, or on public utility
poles unless otherwise authorized by this chapter. This prohibition
shall include all portable signs including those placed on vehicles
with the exception of vehicle identification signs and permitted signs
on taxicabs;
H.
Signs
which simulate in color or design a traffic sign or signal, or which
make use of words, symbols or characters in such a manner as to interfere
with, mislead, or confuse pedestrian or vehicular traffic.
(Prior code § 159.22.060; Ord. 536 4-16-13; Ord. 785 9-19-23)
A.
Sign
Integration Requirement. All signs shall be designed as an integral
part of the overall building design and shall be located in a manner
consistent with the building’s design.
B.
Sign
Materials. Signs that are not temporary signs shall be constructed
of permanent materials, including, but not limited to, metal, wood,
acrylic, or other comparable durable weatherproof materials.
C.
Sign
Area Computation. The area of signs shall be calculated according
to Figure 17.44.01 (Sign Area Calculation).
 Figure 17.44.01 Sign Area Calculation
|
1.
The
area of a sign shall be measured within a single continuous perimeter
of not more than 8 straight lines enclosing the extreme limits of
writing, representation, emblem, or any figure of similar character,
together with any material or color forming an integral part of the
display or used to differentiate the sign from the background against
which it is placed.
2.
In
the case of a sign designed with more than 1 exterior surface (e.g.,
2 sides), the area shall be computed as including only the maximum
single display surface that is visible from any ground position at
1 time.
3.
The
supports, uprights, or structures on which any sign is supported shall
not be included in determining the sign area unless the supports,
uprights, or structures are designed in a manner as to form an integral
background of the display.
D.
Sign
Height Measurement—Monument Signs. The height of a monument
sign shall be measured from the highest part of the text area of the
sign to the grade of the adjacent street or the surface grade beneath
the sign, whichever the Director determines is appropriate given the
physical characteristics of the site. Decorative features of the sign
approved by the Planning Department may be excluded from the measurement
of sign height.
 Figure 17.44.02 Sign Height Monument
|
E.
Sign
Height—Wall Signs. The uppermost part of a wall-mounted sign
shall not be higher than the eave line of the building on which it
is located as measured from the underside of the eave and in no event
higher than 20 feet.
 Figure 17.44.03 Wall Sign Height
|
F.
Electrical
Raceways and Conduits. Electrical raceways for signs shall be designed
as an integral part of the sign or building design and shall not be
visible. Electrical raceways and conduits shall be placed so that
they are not within public view. Where this is physically impractical,
or doing so would damage significant architectural features or materials,
the Planning Director may grant a waiver of this requirement provided
all raceways, conduits, and similar devices are designed in a way
that they appear to be part of the overall sign or building design.
 Figure 17.44.04 Electrical Raceways
|
G.
Frontage
on 2 or More Streets. A business on a lot that has frontage on more
than 1 street shall be allowed the authorized sign area on each street;
provided, that the permitted sign areas may not be accumulated on
1 street and shall not exceed the allowed sign area of any 1 street.
H.
Illuminated
Signs and Lights. The following standards shall apply to all illuminated
signs:
1.
All
illuminated signs shall be designed with a dimmer system to avoid
undue glare or reflection of light on private property in the surrounding
area.
2.
External
light sources shall be shielded from view and directed to illuminate
only the sign face (see Figure 17.44.05 below).
 Figure 17.44.05 Monument Lighting
|
3.
Internal
illumination is permitted only if the sign background is opaque and
the only portion of the sign that appears as illuminated is the actual
lettering and/or a registered trademark or logo.
4.
Reflective-type
bulbs and incandescent lamps shall not be used on the exterior surface
of signs so that the bulb or lamp is exposed to view from any direction.
5.
Each
new illuminated sign shall be subject to a 30-day review period during
which time the Director may determine that a reduction in illumination
is necessary due to negative impacts on surrounding property or the
community in general. In addition, and at any time, the Director may
order the dimming of any illumination found to be excessively bright.
I.
Signs
to Face Public or Private Right-of-Way. All signs permitted under
this chapter shall be placed on the side of property facing a public
or private right-of-way.
J.
Building-Mounted
Wall Signs.
 Figure 17.44.06 Wall Sign Examples
|
1.
Signs
shall be located only on a building frontage and shall not extend
above an eave or parapet, or above or below a fascia on which they
are located.
 Figure 17.44.07 Appropriate Wall Sign Location
|
2.
Signs
shall be placed flat against the wall and shall not project from the
wall more than required for normal construction purposes and in no
case more than 12 inches.
3.
Signs
shall be located within the middle 50 percent of the building or occupancy’s
frontage (e.g., in-line tenant) measured from lease line to lease
line.
 Figure 17.44.08 In-Line Tenant Signage
|
4.
Signs
located on adjacent walls of the same building shall be separated
at the corners of the building with adequate spacing.
 Figure 17.44.09 Separation for Wall Signs
|
K.
Window
Signs—Permanent.
 Figure 17.44.10 Window Signs (Permanent)
|
1.
The
aggregate area of all window signs shall not exceed 25 percent of
the total window area of a storefront.
2.
Signs
shall be permanently painted, etched, or mounted on the inside of
windows.
3.
Illuminated
(LED, neon, etc.) window signs shall be allowed as permanent window
signs and shall not exceed 15 square feet in size. The area covered
by the illuminated sign(s) shall count towards the maximum 25 percent
window coverage limitation as described above.
4.
Window
signs shall be allowed in addition to the aggregate sign area allowed
for wall and projecting signs.
L.
Signs
on Awnings, Marquees, Canopies, Arcades, or Similar Structures.
 Figure 17.44.11 Awning Sign Examples
|
M.
Projecting
Signs. Projecting signs shall not extend below 8 feet from the sidewalk
or the right-of-way.
 Figure 17.44.12 Projecting Sign Examples
|
(Prior code § 159.22.160(1), (2), (3); Ord. 785 9-19-23)
A.
Every
temporary and permanent sign and all parts, portions, units and materials
comprising the same, together with the frame, background, supports
or anchorage therefor, shall be manufactured, fabricated, assembled,
constructed and erected in compliance with the building, electrical
and fire prevention codes of the City of Desert Hot Springs as they
now exist or may hereafter be amended, or as they may hereafter exist.
B.
Every
sign, temporary or permanent, including those specifically exempt
from this Zoning Ordinance, in respect to permits and permit fees,
and all parts, portions, and materials shall be maintained and kept
in good repair. The display surface of all signs shall be kept clean,
neatly painted, and free from rust, corrosion, and graffiti. Any crack,
broken surfaces, malfunctioning lights, missing sign copy or other
unmaintained or damaged portion of a sign shall be repaired or replaced
within 30 calendar days following notification by the City.
C.
Every
sign erected, altered, or relocated shall have recorded thereon in
a conspicuous place in order to be readily visible, the date of approval,
alteration or relocation, the permit number and the voltage of any
electrical apparatus used in connection therewith. Every sign which
is internally illuminated, and which incorporates the use of electrical
apparatus or equipment within shall have posted an Underwriter’s
Laboratory approval stamp in a conspicuous place.
D.
Any
sign that is more than 12 feet from the grade to the bottom of the
sign or is more than 100 square feet on 1 single sign face shall be
engineered by a licensed engineer and require his or her seal.
E.
All
illuminated signs in all zones shall be designed in such a manner
as to avoid undue glare or reflection of light on private property
or the public right-of-way in the surrounding area. All lighting for
signage shall comply with the City lighting ordinance section of this
title.
F.
In
order to minimize glare, and except as otherwise expressly permitted,
internally illuminated cabinet signs with white translucent background
plex shall not be permitted. If utilized, white background plex shall
be opaque (day/night flex).
G.
All
temporary and permanent signs shall be maintained in the condition
that existed at the time it was approved and installed, including
the maintenance of paint, text copy, illumination, and fixtures (if
any), and plex, plastic, or vinyl covers.
H.
The
supporting members of a sign shall be free of any unneeded angle iron,
guy wires, cables, or similar supporting devices. The support shall
appear to be an architectural and integral part of the building or
structure.
I.
Every
sign erected in the City shall be subject to inspection by the building
department for compliance with applicable City codes and ordinances.
(Prior code § 159.22.100; Ord. 785 9-19-23)
Within 30 days of the discontinuance of a business in any zone
or before a new business occupies the building, whichever comes first,
the sign owner, his or her agent, or the property owner shall remove
all nonconforming signs and sign copy including all wording, advertising
or information relating to the discontinued business. If affixed to
any structure, upon removal of the sign, the underlying structure
shall be restored to the same or similar condition as existed prior
to the placement of the sign.
(Ord. 785 9-19-23)
A.
Applicability. Except for billboards subject to Chapter 17.45 of this title, and notwithstanding any other general provisions in this title, the provisions of this section shall apply to all signs subject to this chapter.
B.
Amortization of Previously Permitted Signs. Provided all other conditions of this section are met, all nonconforming signs for which a permit was previously issued and in effect on the date that this chapter became effective may continue to be used until such a time that substantial alterations, or those not otherwise allowed pursuant to subsection D of this section, are made to the sign, or until such a time as the use is abandoned. For purposes of this section, signs existing at the time of incorporation of the City shall be deemed to have been previously issued a permit by the County of Riverside.
C.
Removal
of Nonpermitted, Nonconforming Signs. The following amortization periods
are presumed adequate to allow the owner of a nonconforming sign to
recoup the original cost of the sign and shall be applicable to any
sign for which a permit was not in effect on the date that this chapter
became effective. Provided all other conditions of this section are
met, such a sign may be maintained for the period of time set forth
below, measured from the date the sign was first placed in service,
after which time the sign shall be removed.
|
Original Investment
|
Minimum Amortization Period
|
|---|---|
|
Under $500
|
6 months
|
|
$501 to $1,000
|
12 months
|
|
$1,001 to $2,000
|
1 year
|
|
$2,001 and over
|
2 years
|
D.
Alterations
During Amortization Period. A nonconforming sign may not be moved,
enlarged, relocated, or altered in any way except as follows:
1.
The
cost of such alteration does not exceed 25 percent of the assessed
value of the sign;
2.
The
alteration may not result in any greater degree of nonconformity than
previously existed;
3.
The
alteration shall meet all current requirements of the Desert Hot Springs
Municipal Code, and shall be completed within 1 year of the commencement
of the work;
4.
When
a subsequently adopted ordinance or regulation requires specific alterations,
those alterations shall be made;
5.
Minor
repairs and routine maintenance, costing less than 25 percent of the
replacement cost of the sign, are permitted, and encouraged; and
6.
If,
in the process of alteration pursuant to this section certain nonconformities
can be brought into conformity, they shall be brought into conformity.
E.
New
Development or Substantial Improvement. A requirement for a nonconforming
sign to be removed or altered so as to comply with the requirements
of this title may be imposed as a condition of approval of a subdivision,
conditional use permit, variance, or other discretionary development
approval. In addition, ministerial approval may also require removal
or alteration of the nonconforming sign as a condition of approval
when in conjunction with a substantial improvement of said property.
F.
Wall
and Freestanding Signs. Legal nonconforming wall signs shall not prevent
the installation of conforming freestanding signs, nor shall legal
nonconforming freestanding signs prevent the installation of conforming
wall signs.
G.
Add-On
Signs. Signs bolted, tacked, tagged, or added onto an otherwise conforming
sign shall not be considered legal nonconforming for the purposes
of this section.
H.
Nuisance.
Notwithstanding any other provision of law, any sign which does not
conform to the provisions of this chapter, and which was constructed
or displayed prior to the adoption of this chapter, shall not be a
lawful nonconforming use and instead shall be deemed a public nuisance
subject to abatement if not brought into conformance with this chapter,
when any of the following apply:
1.
A
sign that did not comply with all ordinances and regulations in effect
at the time of its placement;
2.
An
abandoned sign;
3.
A
sign that was legal when initially placed, but which has been relocated
or any nonconformity has been expanded;
4.
A
sign that is the subject of an agreement between the sign owner and
the City for, or the authorization therefor is expressly conditioned
on, its removal as of a given date or expiration of a given period
of time, which date or period of time has expired;
5.
A
temporary sign in place longer than permitted;
6.
A
sign that is damaged to the extent that the cost of repair, other
than copy replacement, will exceed 50 percent of the sign value. The
sign value shall be reasonably determined by the Community Development
Director or his or her designee.
I.
Notice
to Remove. After determining that a nonconforming sign must be removed
in accordance with the provisions of this section, the Community Development
Director or his or her designee shall issue a written notice to the
owner of the property upon which said sign is located and state the
requirements to bring the sign into compliance with this chapter and
the date upon which said sign shall achieve conformance or be removed.
J.
Removal
of Amortized Signs. Any nonconforming sign required to be removed
in compliance with the provisions of this chapter because of expiration
of the applicable time period or payment of fair and just compensation
are deemed to be fully amortized and a public nuisance and may be
abated pursuant to the procedures established in this chapter.
(Prior code §§ 159.22.110—159.22.140; Ord. 785 9-19-23)
A.
General.
It is unlawful for any person to erect, construct, enlarge, alter,
repair, improve, convert, demolish, equip, or relocate, any sign within
the City, including painted signs, or to cause or allow the same to
be done, contrary to or in violation of any of the provisions of this
chapter and without first obtaining a written sign permit from the
Planning Department, unless otherwise excepted by this chapter.
B.
Pursuant to the City’s police powers authorized in Article XI, Section 7 of the California Constitution, as well as under the City’s Charter and the City of Desert Hot Springs Municipal Code and other provisions of California law, including, but not limited to, California Government Code Section 38771, the City Council hereby declares that the construction, maintenance or placement of any sign within the City in violation of any of the terms or requirements of this chapter is a public nuisance. The City, in addition to or in lieu of prosecuting a criminal action hereunder, may commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law, and, shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such illegal sign, and to restrain and enjoin any person(s) from conducting, operating or maintaining a sign contrary to the provisions of this chapter. Violations of this chapter may also be enforced in any combination as permitted by Title 4, or any other applicable enforcement title of the Desert Hot Springs Municipal Code or any other enforcement andlegal remedies available to the City under the law.
(Prior code § 159.22.170; Ord. 785 9-19-23)
