City of Desert Hot Springs, CA Chapter 17.44 SIGN REGULATIONS

§ 17.44.010 Purpose and intent.

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)

§ 17.44.020 General provisions and policies.

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)

§ 17.44.030 Sign definitions.

"Abandoned sign"

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.

"Abatement"

means the elimination and removal of any sign in violation of this chapter.

"Address sign"

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.

"Advertise,"

“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.

"A-frame sign"

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.”

"Amortization,"

as pertaining to this chapter, means the gradual extinction of nonconforming signs.

“Awning”

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.

"Awning, canopy, or marquee sign"

means a sign that is printed on, painted on, or attached to an awning, canopy or marquee.

"Backlit sign"

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.

"Banner or flag sign"

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.

"Building,"

for purposes of this chapter, includes any structure requiring a building permit.

"Building face and/or frontage"

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.

"Cabinet sign"

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.

"Canopy"

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.

"Changeable copy sign"

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.

"Channel letter sign"

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.

"Civic event sign"

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.

"Construction sign"

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.

"Contour sign"

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.

"Co-tenant" or “multiple-tenant”

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.

"Directional sign"

means signs limited to directional messages, principally for pedestrian or vehicular traffic, such as “one-way,” “entrance,” or “exit.”

"Directory sign"

means a sign listing the tenants or occupants and their suite numbers in a building, center, subdivision or planned unit development.

"Discontinuance of business"

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.”

"Double faced sign"

means a single structure designed with the intent of providing copy on both sides.

“Downtown area”

means the Commercial Downtown (C-D) zoned portion of the downtown corridor area as designated in the City’s adopted Zoning Map.

"Eave line"

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.

"Evidence of vacancy"

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.

"Exposed neon sign"

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.

"Face or wall of a building"

means the outer surface of any main exterior wall or foundation of a building, including windows and storefronts.

"Feather sign" or “feather flag”

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.

"Freestanding sign"

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.

"Frontage"

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.

"Gator foam board sign"

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.

"Height of sign,"

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.

"Identification 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.

"Illegal sign"

means any of the following:

1. A sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use;

2. 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;

3. 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;

4. A sign which is a danger to the public or is unsafe; or

5. Any sign that constitutes a traffic hazard or creates any other unsafe condition.

"Illuminated sign"

means a sign with an artificial source of light for the purpose of illuminating the sign.

“Monument 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.

"Multi-tenanted building"

means a building containing more than 1 individual business within a shopping, professional or industrial complex.

"Neon sign"

means any sign containing neon or other inert gaseous chemical that provides a visible discharge or that glows.

"Nonconforming sign"

means any sign which fails to conform to the regulations of this chapter.

"Nonresidential"

refers to property not improved with or zoned for a single-or multiple-family residence.

“Off-site sign”

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.

"On-site sign"

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.

"Painted sign"

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.

"Pole sign"

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.

"Portable sign"

means a sign that is not permanently affixed to a structure or the ground.

"Pylon sign"

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.

"Residential"

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.

"Roof line"

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.

"Roof sign"

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.

"Sculpted sign"

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.

"Shopping center"

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.

"Sign,"

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.

"Sign area"

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.

"Sign face"

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.

"Sign program"

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).

"Special design district sign criteria"

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.

"Temporary sign"

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.

"Vehicle sign"

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.

"Wall plaque sign"

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.

"Wall sign"

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.

"Window sign"

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.

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.

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.

(Prior code § 159.22.030; Ord. 785 9-19-23)

§ 17.44.040 Procedures and permit requirements.

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:

a. Approval of the proposed sign would be consistent with the provisions of this chapter;

b. The sign does not constitute a detriment to public health, safety, and welfare; and

c. The proposed sign is in compliance with all applicable City codes, including, but not limited to, electrical codes.

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)

§ 17.44.050 Exempt signs.

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)

§ 17.44.060 Permitted signs.

The following signs are allowed with an approved sign permit or, if indicated, a sign program:

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)

§ 17.44.070 Temporary signs.

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:

1. For each unit with 15,000 or less square feet of finished interior space, the sign face area shall not exceed 24 square feet; and

2. For each unit in excess of 15,000 square feet of finished interior space, the sign face area shall not exceed 50 square feet.

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)

§ 17.44.080 Prohibited signs.

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)

§ 17.44.090 Design guidelines.

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)

§ 17.44.100 Construction and maintenance.

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)

§ 17.44.110 Discontinuance of business.

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)

§ 17.44.120 Nonconforming signs.

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)

§ 17.44.130 Declaration of public nuisance—Enforcement.

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)