Whenever the following terms are used in this chapter, they shall have the meaning established by this section:
"Abandoned sign"means any sign that meets any of the following criteria:
a. Sign is located on property that becomes vacant or unoccupied for a period of at least ninety days,
Sign which pertains to any occupant or business unrelated to the premises' present occupant or business, or
Sign which pertains to a time, event or purpose which no longer applies.
"Abate"means to put an end to and physically remove. Discontinuance of a sign without removal of the entire sign structure shall not constitute abatement.
"Address sign"means the identification of the location of a building or use on a street by a number(s).
"A-frame sign"means a freestanding sign designed to be easily movable and to rest on the ground without being affixed to any object or structure. Such signs are commonly in the shape of the letter "A," but may also be in the shape of an inverted letter "T" or a letter "H," functionally similar signs are also within this definition.
"Animated sign"means any sign with action or motion or color changes, whether or not requiring electrical energy or set in motion by wind. This definition excludes flags and does not apply to electronic message boards or digital displays.
"Attraction board"means a sign capable of supporting copy which is readily changeable, such as theater marquee, and which refers to products, services or coming events on the premises.
"Average grade"means the average level of the finished surface of the ground directly beneath a monument or pole sign.
"Awning sign"means a sign that is a part of, or attached to, an awning, canopy or other fabric, metal, plastic or structural protective cover over a door, entrance, window, architectural feature or outdoor service area. A marquee is not an awning or canopy.
"Balloon"means a small inflatable device used for purposes of commercial signage, advertising or attention getting. See also "inflatable signs."
"Banner"means any sign made of cloth, lightweight fabric, bunting, plastic, vinyl, paper or similar material that is permanently or temporarily placed on, or affixed to, real property in a location where it is visible to the public from outside of the building or structure. A flag, as defined, shall not be considered a banner.
"Beacon"means a stationary or revolving light (including laser lights, klieg lights, spot lights, search lights, projected image signs and similar devices) with one or more beams projected into the atmosphere or directed at one or more points away from the light source and used for purposes other than police, fire, public safety or news gathering operations.
"Bench sign"means a sign painted on or affixed to any portion of a bench or seating area at bus stops or other such pedestrian areas.
"Billboard"means a permanent structure sign in a fixed location which meets any one or more of the following criteria:
a. The sign is used for the display of off-site commercial messages;
The sign is used for general advertising for hire;
The sign is not an accessory or auxiliary use serving a principal use on the same parcel, but rather is a separate or second principal use of the parcel;
The sign is a profit center on its own, and in the case of multiple principal uses on the same parcel, the sign is distinct from the main operations of the principal use on the parcel;
The sign is a non-accessory use.
"Building frontage"means the total width of the elevation of a building which fronts on a public or private street or the building elevation along which the main entrance exists. For the purposes of calculating permitted sign area, every building has only one building frontage. If more than one business is located in a single building, then such area shall be limited to that portion which is occupied by each individual business or establishment.
"Building marker"means a sign cut into a masonry surface or made of bronze or similar material permanently affixed to a public building or building of designated historic significance.
"Bus stop signs"means a sign mounted on a shelter which serves as a bus stop or passenger waiting area for public transportation; this definition does not include devices giving the schedule and/or prices for the transportation service.
"Changeable copy sign"means a sign or portion thereof with characters, letters or illustrations that can be physically or mechanically changed or rearranged without altering the face or the surface of the sign. This does not include a digital display.
"Channel lettered sign"means a sign with individually cut, three dimensional letters or figures affixed to a building or sign structure.
"City property"means all land located within the corporate limits of the city to which the city holds the present right of possession and control, or is part of the public right-of-way located within the city. The definition also includes facilities and properties owned or operated by the city.
"Commercial center"means a commercial development that includes predominantly retail businesses with access driveways or parking spaces shared by one or more of the businesses.
"Commercial mascot"means a live person or animal attired or decorated with commercial insignia, images or symbols, and/or holding signs displaying commercial messages. Includes sign twirlers and sign clowns, but does not include hand-held signs displaying noncommercial messages.
"Commercial signage" or "commercial message"means any sign or sign copy with wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity or which proposes a commercial transaction or relates primarily to commercial or economic interests.
"Construction sign"means a temporary sign displayed on real property on which construction of new improvements is occurring during the time period which begins with the issuance of the first necessary permit for the construction and ends with the latest of any of the following, or their functional equivalents: notice of completion or certificate of occupancy.
"Cornerstone"means stone or other wall portion laid at or near the foundation of a building and which indicates in permanent markings the year of construction. Also called "foundation stone."
"Digital display"means a physical method of image presentation using LCD (liquid crystal display), LED (light emitting diode), plasma displays, projected images, or other functionally equivalent display technologies. Signs using such display methods are called by various names, including, CEVMS (commercial electronic variable message signs or changeable electronic variable message signs), electronic message boards, electronic reader boards, dynamic signs, digital signs, electronic signs, message centers and similar terms.
"Directional sign"means an on-site sign designed to guide or direct pedestrian or vehicular traffic to uses on the same site.
"Directory sign"means a sign listing the persons, activities or tenants located on-site.
"Eaveline"means the bottom of the roof eave or parapet.
"Establishment"means any organization or activity which uses land for purposes other than residential use. It includes all business and commercial uses, as well as institutional, public, semipublic and other noncommercial uses but does not include private residential uses; however hotels, motels, inns, bed and breakfast places, etc. are within this definition. Automated facilities, which have live persons in attendance only during limited or maintenance hours (i.e., power transformer stations, broadcasting towers, water tanks, weather data collection stations, vending machines, etc.) are not within this definition.
"Externally illuminated"means illuminated by a light source that is located externally to the sign surface. This method of lighting may include, but is not limited to, spotlighting or backlighting.
"Façade sign"means a sign fastened to the exterior walls of a building exposed to public view. See also "wall sign."
"Fascia sign"means a sign fastened to or engraved in the band or board at the edge of a roof overhang.
"Flag"means a device, generally made of flexible materials such as cloth, fabric, paper or plastic, usually used as a symbol of a government, political subdivision, public agency, company logo, belief system or concept.
"Freestanding commercial building"means a building occupied by a single user retail business, or a noncommercial use located in a zoning district where commercial activities are allowed, that has direct vehicular access to an adjacent street.
"Freestanding sign"means a sign supported upon the ground and not attached to any building. This definition includes monument signs and pole signs.
"General advertising"means the enterprise of offering sign display space for a fee or other consideration to a variety of advertisers, commercial or noncommercial.
"Hand held"means those signs or visual communication devices which are held by or otherwise mounted on human beings or animals.
"Inflatable signs" or "inflatable attention-getting devices"means any device filled with air or gas, that is, attached or tethered to the ground, site, merchandise, building or roof and used for the purposes of commercial signage, advertising or attention getting. Commercial advertising blimps, when tethered, are within this definition.
"Internally illuminated"means the illumination of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face.
"Logo"means a trademark or symbol of an organization, belief system or concept.
"Marker board"means a board designed for displaying images made by chalk, markers or similar devices; includes devices commonly known as blackboards, whiteboards and chalkboards. Also includes devices sold under commercial names such as Promethean Boards, Activeboards, and functionally similar devices.
"Marquee"means a permanent canopy structure attached to and supported by a building and projecting near or over private sidewalks or public rights-of-way, generally located near the entrance to a hotel, theater or entertainment use, and used as a display surface for a sign message.
"Mobile billboard"means a vehicle for which the primary use is the display of general advertising message(s).
"Monument sign"means a freestanding sign, which is supported by a base that rests upon the ground and of which the display or copy is an integral part of the design. A monument sign does not include poles or pylons. Contrast; pole sign.
"Multi-face sign"means a sign displaying information on at least two surfaces, each having a different orientation, or on a curved surface so that the copy or image is different when viewed from different angles.
"Multi-tenant building"means a nonresidential building in which there exists two or more separate nonresidential tenant spaces, businesses or establishments.
"Neon sign"means a sign that utilizes neon or other fluorescing, inert or rarified gases within translucent tubing in or on any part of the sign structure.
"Noncommercial message"means any image on a sign which conveys or expresses commentary on topics of public concern and debate, including, by way of example and not limitation, social, political, educational, religious, scientific, artistic, philosophical and charitable subjects. This definition also includes signs regarding fund raising or membership drive activities for noncommercial or nonprofit concerns.
"Nonconforming sign"means any sign which was legally established in conformance with all applicable laws in effect at the time of original installation but which does not conform to the requirements of this chapter or other later enactments.
"On-site sign"means a sign displaying a commercial message which relates or pertains to the business conducted, services available or rendered or goods available for sale, rent or use, upon the same premises where the sign is located. On-site can mean more than the exact same parcel or premises, upon which the sign is located if that site is part of a larger commercial center, as to any store, business, or establishment that is within the commercial center. A sign program may define "on-site" in a manner which applies only to that program. The on-site/off-site distinction applies only to commercial messages.
"Off-site sign"means any sign that gives directions to or identifies a commercial use, product or activity not located or available on the same premises as the sign. The on-site/off-site distinction applies only to commercial messages. There is no location criterion for noncommercial messages.
"Pennant"means an individual or a series of lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, designed to move in the wind.
"Permanent sign"means any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall or building. The message display of a sign may be changed without affecting its character as a permanent sign.
"Person"means any natural person, marital estate, sole proprietorship, partnership, limited partnership, corporation (of any type or form, regardless of where incorporated), trust, association, limited liability company, unincorporated association or any other juridical person capable of legally owning, occupying or using land.
"Pole sign"means a freestanding sign that is greater than six feet in height and is supported by one or more vertical supports. The definition applies even if the support poles or pylons are covered with cladding or skirting.
"Portable sign"means a sign made of any material which, by its design, is readily movable including, but not limited to, signs on wheels, casters and rollers, "A-frame" signs and signs attached to vehicles or trailers or water vessels.
"Premises"means the place where a business or other establishment is located. If there is only one business or establishment on the legal parcel, then the entire parcel is the premises. If there is more than one business or other establishment on a single parcel, then the premises is the portion of the parcel actually occupied or exclusively used by the business or other establishment, except that signs relating to the owner or manager of the entire parcel may be considered on-site when placed anywhere on the parcel.
"Prohibited sign"means any sign that is specifically not permitted by this chapter or was erected without complying with the regulations of this chapter in effect at the time of construction, display or use.
"Projecting sign"means a sign which projects more than ten inches from a wall or other vertical surface, generally at about ninety degrees.
"Property owner"means the owner of the property on which the sign is displayed or proposed to be displayed. When the property is land, "owner" includes the legal owner according to the official land records of the San Diego County Recorder, all beneficial owners thereof and all persons presently holding a legal right to possession of the subject property.
"Regional commercial center"means a commercial development located upon a property with a regional commercial general plan land use designation and having the following characteristics: project site area between thirty and one hundred acres; gross lease area between three hundred thousand and one million five hundred thousand square feet; major tenants may include full-line department stores (two or more), factory outlet centers, power centers of several high volume specialty stores, warehouse club stores or automobile dealerships; secondary tenants may include a full range of specialty retail, restaurants and entertainment. A center is still within this definition even if it includes one or more noncommercial uses.
"Right-of-way"means an area or strip of land, either public or private, on which an irrevocable right-of-passage has been recorded for the use of vehicles or pedestrians or both.
"Roof sign"means a sign erected and constructed wholly or in part upon, against or above the roof of a building. For purposes of this chapter, any portion of a building above or behind the fascia or parapet of a building shall be considered part of the roof.
"Sign"means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol, image or writing to advertise, announce the purpose of, identify a person, product, service or entity or to communicate information of any kind to the public. However, the following are not within the definition of "sign" for the regulatory purposes of this chapter:
a. Any public or legal notice required by a court or public agency;
Decorative or architectural features of buildings (not including letters, trademarks or moving parts);
Holiday decorations and lights, in season, clearly incidental to and associated with holidays or cultural observances and which are on display on a given parcel for not more than forty-five calendar days in a calendar year;
Building markers, as defined herein;
Cornerstones, as defined herein;
Symbols or insignia which are an integral part of a doormat or welcome mat, or embedded directly into the sidewalk or entrance surface, so long as such device is otherwise legal and is located entirely on private property and on the ground or sidewalk;
Items or devices of personal apparel or decoration but not including hand held signs or commercial mascots;
Marks on tangible goods, which identify the maker, seller, provider or product, as such are customarily used in the normal course of the trade or profession;
Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; by way of example and not limitation: stained glass windows, carved doors or friezes, church bells and decorative fountains;
Property entry and security protection notices and signs warning of dangers or health and safety policies, such as, by way of example and not limited to, "Beware of Dog," "Danger High Voltage," "No Shirt No Service," etc., when such are not over one square foot on residential uses or two square feet on other uses and firmly affixed to their mounting surface or device;
The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter;
Devices which are located entirely within an enclosed structure and are not visible from the exterior thereof;
Advertisements or banners mounted on or towed behind free-flying airborne vessels or craft, such as airplanes, dirigibles, untethered blimps and the like;
Advertisements or banners mounted on trains or other mass transit vehicles which legally pass through the city;
License plates, license plate frames, registration insignia and noncommercial messages on street legal vehicles and properly licensed watercraft and messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages on the vehicle or watercraft relating to the proposed sale, lease or exchange of the vehicle or vessel;
Messages on golf carts, wheelchairs, personal scooters, human powered taxis, shopping carts or other small wheeled vehicles. Signs on any motorized device which may legally travel upon public roads or highways is not within this definition;
Vending machines which do not display general advertising;
Automated teller machines at banks and facilities for walk up and drive up service at banks, credit unions and similar establishments;
Murals, paintings and similar pictorial displays that are painted directly onto a building and are not intended to draw attention to any use, product, service or event.
"Sign area"means the display or message area of the sign. The methods of computing sign area are detailed in Section 21.41.070.A.
"Sign height"means the height of the highest point on the sign structure above grade or ground beneath. The methods of calculating sign height are stated in Section 21.41.070.B.
"Sign permit"means an entitlement from the city to place or erect a sign.
"Sign program"means a plan that integrates signs for a project with buildings, circulation and landscaping to form a coordinated architectural statement.
"Specific plan"means a plan prepared and adopted pursuant to Section
65451 of the California Government Code.
means the distance along which a lot line adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street. Corner lots have at least two street frontages.
"Suspended sign"means a sign hung from the underside of a marquee, pedestrian arcade or covered walkway, usually at approximately ninety degrees to the building wall or storefront.
"Temporary seasonal sales permit"means a permit to allow outdoor seasonal and holiday sales, including, but not limited to, Christmas trees, pumpkins and flowers, on private property.
"Temporary sign"means a sign, including paper, cardboard wood, plastic, synthetic, fabric or similar materials, which by virtue of its physical nature is not suitable for long term display or permanent mounting.
"Traffic directional sign"means a sign which indicates place, location or direction for the information of drivers or pedestrians.
"Unsafe sign"means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the physical structure of the sign or its mounting mechanism. A sign may not be considered "unsafe" within this definition by virtue of the message displayed thereon.
"Vehicle sign"means a sign mounted upon a vehicle which may legally be parked on or move on public roads, as well as a sign mounted upon a water vessel which may legally move upon the waters.
"Vessel sign"means a sign mounted upon a water vessel which may legally move upon the waters.
"Wall sign"means a sign attached to a wall surface that does not project or extend more than ten inches from the wall, which is confined within the limits of an outside wall and which displays only one display surface.
"Window sign"means any sign painted or affixed to the inside or outside of a window surface or otherwise located within a building so as to be visible from the exterior of the building. This definition does not include window displays of merchandise offered for sale.