This chapter shall be known and cited as the sign ordinance
of the city of Lemon Grove. The purposes and objectives of this chapter
include:
A.
To
implement the purposes, policies, and programs of the general plan;
B.
To
maintain and improve the esthetic environment of the city, so as to
improve the quality of life and the economic value of the city;
C.
To
promote traffic safety for motorized and nonmotorized vehicles and
pedestrians;
D.
To
prevent or minimize hazards to motorists which can be caused by signs
which distract attention, simulate or might be confused for official
traffic control signs and signals, and by signs which move or simulate
motion;
E.
To
minimize the view obstruction to motorists and pedestrians which could
otherwise result from signs;
F.
To
encourage the effective use of signs as means of communication in
the city;
G.
To
minimize the visual clutter which can result from unregulated signage,
and to minimize the adverse impacts of signs upon public and private
property;
H.
To
establish reasonable, nonarbitrary, nondiscriminatory standards for
regulating the size, number, height, location and other physical characteristics
of signs;
I.
To
maintain open space and preserve vistas;
J.
To
preserve and enhance the character of the residential neighborhoods
and minimize conflicts between commercial and residential land uses;
K.
To
avoid unreasonable limitations on free expression by signs while exercising
reasonable controls over signs to serve and protect the public health,
safety and welfare;
L.
To
reinforce the identity of specific areas of the city and to promote
business;
M.
To
reduce the litter and traffic hazards that can result when temporary
signs become dislodged.
This chapter regulates signs, as defined in Section 18.12.020, which are located on private property located within the city limits of Lemon Grove, as well as signs located on public property owned by public entities other than the city of Lemon Grove, and over which the city of Lemon Grove holds zoning or land use regulatory power. Signs on property owned or controlled by the city of Lemon Grove, and all public rights of way, are subject to policy set by the city council. Such policies are not stated in this chapter.
A.
Purpose And Applicability. The purpose of this section is to promote consistency and precision in the interpretation of the city's sign regulations. The meaning and construction of words and phrases which appear in the definitions section of Title 17 shall apply except where defined in this chapter or where the context of such words or phrases clearly indicates a different meaning. Where words are not defined or elsewhere in Title 17, their common meaning shall apply.
B.
"Affix"
"Allowed" or "allowable"
Area.
"Arterial streets"
"Balloon"
"Banner"
"Building face"
"Building frontage"
"Bulletin board"
"Commercial copy" or "commercial message"
"Commercial mascot"
"Construction project sign"
"Copy"
"Display face"
"Drive-in" or "Drive-through"
"Establishment"
"Exempt sign"
"Expired sign"
"Freestanding sign"
"Freeway-oriented sign"
"Flag"
Frontage, Street.
"Inflatable sign"
"Main building"
"Moving sign"
"Monument sign"
"Noncommunicative aspects"
"Noncommercial copy"
"Noncommercial establishment"
"Nonconforming sign"
"Offsite sign"
"Onsite sign"
"Parapet wall"
"Permitted"
"Pennant"
"Pole sign"
"Portable sign"
"Projecting sign"
"Ridge line, of a roof"
"Roof sign"
"Sign"
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
"Sign area"
"Sign height"
"Special event"
"Statuary sign"
"Temporary sign"
"Wall sign"
"Window sign"
Definitions.
means and includes attach, erect, construct, install, place,
suspend, paint, post, or display.
means that a certain type of sign may be legally displayed
in Lemon Grove. Allowable signs may be either subject to a permit
requirement, or exempt from a permit requirement. See also: permitted
and exempt.
See "Sign area."
means those streets designated as major or Class I collector
streets on the general plan.
means an object made of an airtight material, no greater
than eighteen inches in diameter at its widest point, filled with
air or gas and used as a sign.
means a strip of cloth, thin plastic or other flexible material
on which a sign is painted, printed, or otherwise displayed.
means the single exterior wall of a building that lies most
nearly parallel to the public right-of-way. In the case of a building
located on a corner, or with more than one exterior wall facing the
public right-of-way, any of such walls may be considered as a building
face.
means the linear dimension of the building face.
means either a changeable or erasable copy sign consisting
of a permanent sign frame and opaque backing with a provision for
removable lettering, or a permanent sign frame and opaque backing
with a provision for posting of notices on temporary materials such
as paper.
means a message displayed on a sign which pertains primarily
to the name, location, or products, proposed economic transactions,
services or activities of a business or profession carried on for
profit or gain.
means a person or animal used as a medium for a commercial
message. Includes costumes, masks, makeup and hand held signs used
for commercial speech purposes.
means a sign displayed on a construction or development project
during the time of actual construction.
means the words, symbols, and/or devices used to display
or convey a meaning, image or message when displayed on a sign.
means the surface area of a sign upon which the copy is,
or may be, mounted, affixed or displayed.
means an establishment which by design, physical facilities,
service, or packaging procedures, encourages or permits customers
to be served while remaining in their motor vehicles.
means a place of business, professional services, or organized
activities (not including residential use), profit seeking or nonprofit,
with its furnishings and staff, which may be regarded as the smallest
unit conveyable by sale, rent, or lease.
means an allowable sign that does not require a permit.
means a sign bearing a commercial message which promotes
an event on a certain date, and that date has passed by more than
seven days.
means a sign which is not attached to a building, but instead
either: (a) has its base mounted directly on the ground (a monument
sign); or (b) is supported by one or more uprights, poles, or braces
in or upon the ground (a pole sign), and which is permanently mounted
in a fixed location.
means a sign which is so located and oriented as to be primarily
visible to motorists on a nearby freeway or freeway ramp.
means a piece of fabric, usually rectangular in shape, with
a distinctive design that is used as a symbol or signaling device
and is usually displayed hanging free from a staff or pole, to which
it is attached by one edge.
"Street frontage" means the length of the property line of
a single parcel which abuts a legally accessible street or right-of-way.
means an object made of an airtight material, generally greater
than eighteen inches in diameter at its widest point, filled with
air or gas to form a three dimensional shape and used as a sign.
means a building in which is conducted the principal use
of the lot upon which it is situated, or a building in which the principal
activity of any establishment(s) is/are conducted. There may be more
than one main building on a single lot.
means any sign that has any visible moving parts, visible
revolving parts, or visible mechanical movement. Includes signs which
emit smoke, steam or vapors, and signs which use illumination techniques
to create an illusion of motion.
means a type of freestanding sign with its base resting directly
on the ground, as opposed to being mounted on one or more poles.
means those aspects of the city's sign regulations which
control location, size, height and illumination.
means a message which pertains primarily to matters other
than commercial products, services or activities.
means an establishment which is not principally involved
in profit seeking activity.
means a sign which was legally erected prior to the adoption,
revision or amendment of an ordinance, but which fails by reason of
such adoption, revision or amendment, to conform to the requirements
of such new ordinance. Such sign may be nonconforming because of its
type, size, location, dimensions, display of motion, type of lighting,
or other factor addressed in the regulations of a sign ordinance.
means a sign which identifies, advertises or directs attention
to businesses, buildings, occupancies, accommodations, goods, services,
or activities supplied or originated outside of the specific establishment,
property, or business or industrial complex where the sign is displayed.
The onsite/offsite distinction applies only to commercial copy.
means a sign which identifies or promotes an establishment,
business or building, accommodations, goods, services, commodities
or activities which are available or conducted within the specific
establishment, property, or business or industrial complex where such
sign is displayed. The onsite/offsite distinction applies only to
commercial copy.
means that part of any building wall entirely above the roof
line.
means that an allowable sign may be legally displayed only
with a permit issued by the city. Includes other forms of the word,
such as "permissible" and "permittable."
means a flag or banner which is longer in the fly than in
the hoist, and may be used to display a message or sign; usually triangular
and usually attached to a rope, cable or wire.
means a type of freestanding sign which is mounted on one
or more poles, beams or similar support structures.
means a sign which by the nature of its construction and/or
mounting is easily moved. Includes, but is not limited to, a sign
mounted on wheeled devices, watercraft and aircraft; also includes
a sign which is leaned against another structure, a sign which is
held in place only by gravity and is easily dislodged, a sign which
is easily detached from its mounting device, and a sign which is held
by or mounted upon humans or animals.
means any sign which is attached to a wall and which projects
horizontally from a structure or building face or wall by more than
twelve inches. Projecting signs also include signs painted on, or
otherwise attached to or displayed on, awnings, canopies and marquees.
means the high point of a roof where two or more sloping
roof surfaces meet, or the highest point of a roof with a curved surface.
means a sign attached to a roof or wholly above the top of
a building parapet wall or entirely above the eaves of a pitched roof.
means any structure, device or material, temporary or permanent,
fixed or portable, moving or stationary, whether located inside or
outside a building, which is visible from any lot line, and the primary
purpose of which is to convey an idea, advertising, endorsement, identification
or information by means of visual symbols, lettering, illustration
or other form of visual communication; includes display surfaces together
with such structures as used to support, maintain, and illuminate
the display surfaces. Does not include exterior paint or building
décor when such are merely part of the architectural elevations
and do not constitute an integral part of the sign copy. The following
are not within the definition of sign:
Interior Signs.
Signs or other visual communicative devices that are located
entirely within a building or other enclosed structure and are not
visible from the exterior thereof, provided the building or enclosed
structure is otherwise legal;
Architectural Features.
Decorative or architectural features of buildings (not including
lettering, trademarks or moving parts);
Symbols Embedded in Architecture.
Symbols of noncommercial organizations or concepts including,
but not limited to, religious or political symbols, when such are
permanently integrated into the structure of a permanent building
which is otherwise legal;
Personal Appearance.
Items or devices of personal apparel, decoration or appearance,
including tattoos, makeup, costumes (but not including commercial
mascots);
Manufacturers' Marks.
Marks on tangible products, which identify the maker, seller,
provider or product, and which customarily remain attached to the
product even after sale;
Fireworks, Etc.
The legal use of fireworks, candles and artificial lighting
not otherwise regulated by this chapter;
Mass Transit Signage.
Advertisements or banners mounted on trains or duly licensed
mass transit vehicles that legally pass through the city;
Certain Doormats.
Doormats and welcome mats at the entrance to legal residential
uses;
Certain Insignia on Vehicles and Vessels.
On street legal vehicles and properly licensed watercraft:
license plates, license plate frames, registration insignia, noncommercial
messages, messages relating to the business of which the vehicle or
vessel is an instrument or tool (not including general advertising)
and messages relating to the proposed sale, lease or exchange of the
vehicle or vessels;
Grave stones or grave markers;
Foundation stones and corner stones, when cut into any masonry
surface or inlaid so as to be part of the building when constructed
of bronze or other incombustible material;
Newsracks and newsstands.
means the face or display area of a sign, including the border
thereof only when the border carries or displays part of the message
or copy.
(freestanding sign) means the distance from the ground to
the top of a freestanding sign.
means an event which is outside the scope of normal operation
of an establishment. By way of example only, special events may include
short-term sales or promotional events, grand opening or remodeling
sales, campaigns for new memberships on unusual terms, etc.
means a sign or advertising device which uses all three spatial
dimensions to portray or display the image, logo, symbol, copy or
message, and the smallest dimension is greater than twelve inches.
Includes figurines, statues, dolls, and the like. Does not include
works of art which convey no commercial message, are not specifically
associated with any product or service, and are not displayed primarily
to attract customers for a commercial purpose. Does not include signs
which meet the definition of wall sign.
means any sign constructed of cloth, canvas, light fabric,
cardboard, wallboard, posterboard or other light materials, with or
without frames, and mounted in a nonpermanent manner.
means any sign attached parallel to, painted on or affixed
to the wall or window of a building or structure, when such sign does
not extend more than twelve inches from the building face. Signs extending
more than twelve inches from the building face or wall are categorized
either as statuary or projecting signs. Includes permanent window
signs.
means copy which is affixed to a window so as to be read
or viewed from the exterior thereof.
The provisions of this section apply to all signs in all zones.
A.
Effective
Date. The effective date of this chapter is thirty days after the
second reading of an ordinance duly adopting this chapter, by the
Lemon Grove city council.
C.
Owner Consent Required in All Cases. Before a permit may be issued for a permanent sign, the applicant must provide written evidence of the consent of the legal owner of the tax parcel on which the sign is proposed to be displayed. Signs which are exempt from the permit requirement, under Section 18.12.080, may be erected or displayed only with the consent of the legal owner of the tax parcel on which the sign is displayed.
D.
Message
Substitution. Noncommercial copy may be substituted for any commercial
copy on any sign which is allowed, either by permit or exemption,
by this chapter. Noncommercial copy of any kind may be substituted
for any other type of noncommercial copy on any sign that is allowed
by this chapter, either by permit or exemption. Such substitution
of message may be made without any additional approval or permitting.
This provision prevails over any more specific provision to the contrary
within this chapter. The purpose of this provision is to prevent any
inadvertent favoring of commercial speech over noncommercial speech,
or favoring of any particular noncommercial message over any other
noncommercial message. This provision does not create a right to increase
the total amount of signage on a parcel, does not affect the requirement
that a sign structure or mounting device be properly permitted, and
does not override provisions in private leases.
E.
Compliance
With Applicable Codes. All signs must comply with all applicable safety
codes, such as building, electrical, plumbing, mechanical and grading,
and other construction codes in effect at the time the sign is constructed
and mounted for public display. Signs undergoing substantial rebuilding,
remodeling or refurbishing must conform to all codes in effect at
the time such remedial work occurs.
F.
Deviations—Relationship of Chapter to Planned Developments and Conditional Use Permits. Except as expressly provided to the contrary herein, all deviations from the requirements of this chapter must be approved by the variance procedure pursuant to Section 18.12.110 of this chapter and Section 17.28.060 of the Lemon Grove Municipal Code. Unless expressly provided to the contrary herein, the sign aspects of all planned development permits and conditional use permits shall be controlled by this chapter, and shall be processed by reviewing only the noncommunicative aspects of the proposed sign(s), and without regard to the proposed message, content, or copy of the proposed sign(s).
G.
Classification of Signs. Every sign erected or proposed to be erected, shall be classified by the community development director in accordance with the provisions of this chapter. Any sign which does not clearly fall within one of the classifications provided herein shall be placed in the classification which the sign, in view of its design, location, physical characteristics, and purpose, most nearly approximates. Such classification shall be final unless appealed pursuant to Section 18.12.100 of this chapter.
H.
Interpretations by Community Development Director. The community development director shall interpret the provisions of this chapter as they apply to particular signs or sign permit applications, in light of the general policies stated in this section. All such interpretations by the community development director shall be final unless appealed as provided by Section 18.12.100 of this chapter.
I.
Permanent
Structures Displaying Offsite Commercial Messages Generally Prohibited.
Unless otherwise expressly provided in this chapter, no permanent
structure may be built or used for the display of offsite commercial
messages.
J.
Signs
To Be Permanently Affixed and Not Movable. Unless otherwise explicitly
provided in this chapter, all exterior signs shall be permanently
affixed to a building, permitted sign support or firmly attached to
the ground, and shall not be portable or movable in nature. Temporary
signs are prohibited, except as expressly allowed pursuant to this
chapter.
K.
Sign Maintenance. All elements of every sign including, but not limited to, sign face, supports, poles, lights and temporary construction materials, shall be maintained in good and safe structural condition including the replacement of missing or defective parts, painting, repainting, cleaning, or other acts required for the maintenance of said sign. The maintenance duty falls jointly and severally upon the person or entity to whom the permit is issued, the person or entity who erected or posted the sign, the land owner who granted permission for the sign to be erected or posted, and upon the owner of the land upon which the sign was erected or posted, even if erection or posting was done without the knowledge or consent of the owner. The maintenance duty devolves to all successors in interest. When a sign is in such physical condition as to present a significant and immediate threat to the safety of persons or property, the sign may be abated as provided in Section 18.12.130 of this chapter.
L.
Sign
Supports. Except as expressly provided for in this chapter, the supporting
members of all signs shall be free of any exposed bracing, angle iron,
guy wires, cables, and similar devices.
M.
Sign
Lighting. No sign shall be constructed in such a way that any bare
light bulb over fifteen watts is visible from the front of the sign
or from beyond the property line. This prohibition does not apply
to neon or argon lamps, but does apply to the type of fluorescent
lighting commonly used on the interior of offices.
N.
Signs
Not To Be Served by Overhead Power Lines. No sign shall be connected
to visible overhead electric power lines.
O.
No
Obstruction of Entryways and Exits. Signs shall not be constructed
so as to obstruct any door, window, or fire escape of any building,
or to impede free passage by pedestrians over any public right-of-way.
P.
Signs
On or Over Public Rights-of-Way. No sign shall be placed on any area
actually used as a public right-of-way, unless an encroachment permit
is granted for the sign.
Q.
Signs
on Public Property. Signs may be placed on public property only in
accordance with a policy established or approved by the city council.
R.
Signs
on Corner Lots. On the street side of a corner lot, no sign exceeding
three and one-half feet in height shall be placed within a triangular
area formed by a line drawn between points on the property line and
twenty feet from the intersecting property lines. The purpose of this
rule is to prevent view obstructions at street corners.
S.
Maximum
Allowable Signage. The following rules apply to the calculation of
maximum signage for signs in all zones.
1.
Transferability
of Signage Rights.
a.
Wall Signs and Projecting Signs for a Single Establishment. Signs or permitted sign area for one establishment may not be transferred from one establishment to another, even if both are located on the same property or share contiguous street frontages or adjacent areas within a building. Any single establishment may increase the otherwise allowable display area of any one permanent sign by up to ten percent by transferring the same amount of display area from another sign which the establishment is allowed to display; however, this provision does not allow the sign area on any one wall to exceed the per wall area limits stated in Section 18.12.040(C)(1).
b.
Freestanding Signs. Continuous street frontages may be combined to
qualify for a freestanding sign, the display face of which may be
shared by establishments contributing to the qualifying frontage;
however, the arrangements for sharing such sign space are a matter
of private agreement, and the city will take no part in determining
the manner of sharing of display space on a freestanding sign. If
a single establishment qualifies for a freestanding sign, such sign
may be located anywhere on the same parcel as the establishment, or
in the case of contiguous parcels all used by a single establishment,
the freestanding sign may be located on any of such parcels.
2.
Multi-Faced
and Unusually Shaped Signs. Unless specifically prohibited, signs
which are single, double, multi-faced, curved, cylindrical, spherical,
triangular or oddly shaped, may be permitted, provided they satisfy
all other applicable rules and regulations.
3.
Sign
Area Calculation. The area of a sign is calculated under the rules
stated in this subsection.
a.
Copy Within Frame or on Mounting Device. When sign copy is within
a frame or on a mounting device, the sign area includes all of the
display face up to the internal borders of any frame or mounting device;
the surface area of the frame or mounting device is included in the
sign area only when such frame or mounting device is used as an integral
part of the message or copy.
b.
Copy Not Within Frame or on Mounting Device. When sign copy is not
within or on a frame or mounting device, the area of the sign is determined
by including all the copy in the smallest possible two sets of parallel
lines, and calculating the area thus enclosed.
c.
Breaking Single Wall Into Separately Calculated Areas. A single surface
displaying sign copy, such as a single wall, may be broken up into
a maximum of three discrete sections, each with its own area calculation,
and each counting toward the maximum number of signs an establishment
may display.
d.
Multiple Signs on a Single Wall. If a single side of a building displays
separate bodies of copy, each mounted on a different surface (i.e.,
one on a window and the other on the wall above the window), then
each shall be considered a separate sign, with its own calculation
of sign area, and each shall count toward the total number of allowable
signs.
e.
Area of Multifaced Signs. For multifaced signs the area is the maximum
display face viewable from any one position at any one time.
f.
(Reserved)
g.
Area of Statuary Signs. For statuary signs, the area is computed
by selecting the viewing angle which produces the largest visible
area, and then from that angle enclosing the statue within two sets
of parallel lines and calculating the area thus enclosed.
h.
Area of Freestanding Signs. The area of a freestanding sign is the
largest display face visible from any single position at any one time,
calculated according to provisions in subdivisions a and b of this
subsection.
This section applies to all signs in all commercial and industrial
districts, and to signs in the R/P (residential/professional) district.
A.
Maximum
Height—General Rule. Other than freeway-oriented signs, signs
may not extend more than three feet in height above the ridge line
of the roof of the building to which the sign relates.
B.
Maximum Allowable Signage—In General. For establishments on the ground floor of a main building, the maximum allowable signage is a function of: (1) the zone in which the establishment is located; (2) the qualifying street frontage of the establishment; and (3) the surface area of wall(s) facing public rights-of-way. Allowable signage for any one establishment is not determined in total display surface area, but rather by number and type(s) of sign(s), with area and height limits applying to each type of sign. Signs which are exempt under Section 18.12.080 (Exempt signs) do not count toward the maximum allowable signage.
C.
Permanent Signage for Establishments Located on the Ground Floor of a Main Building. Establishments located on the ground floor of a main building qualify for a maximum of three permanent signs, of which at least one must be a wall sign. The area of a wall sign is calculated according to the rules stated in Section 18.12.030(S)(3). Additional signage may be permitted in certain locations and at particular times, as detailed in subsection D of this section.
1.
Wall
Signs—Maximum Area. An establishment chooses one building face
of the building in which it is located as its "qualifying wall." In
the case of multiple establishments in the same building, each establishment
may choose as its qualifying wall only a wall which is allocable to
the space actually used by the establishment. The total combined area
of all permanent wall signs for each establishment shall not exceed
twenty percent of the building face of the qualifying wall, up to
a maximum of two hundred fifty square feet, except in the R/P (residential/professional)
district, where the combined area of all wall signs may not exceed
fifty square feet. Wall signs are not required to be displayed on
the largest or qualifying building face. On any one wall, a maximum
of twenty percent of the building face may be used to display permanent
wall signs, including permanent window signs.
2.
Wall
Signs—Minimum Area. Notwithstanding subsection(C)(1) of this
section, any establishment located on the ground floor of a main building
may display a wall sign of at least thirty-six square feet even if
such a sign occupies more than twenty percent of the wall area.
3.
Permanent
Window Signs.
a.
Construction Methods. Permanent window signs may be made of paint,
gold or silver leaf or similar material, decals and transfer letters,
symbols, and the like, applied directly to the window by heat, pressure,
or by means of an additional adhesive. Such signs may also consist
of neon signs mounted in close proximity to a window so as to be viewed
primarily from outside the establishment through the window.
b.
Maximum Size. Permanent window signs shall not exceed twenty-five
percent of the window surface area. The use of a permanent window
sign shall not prevent an establishment from also displaying a wall
sign, but permanent window signs count towards the total number of
permissible signs, and the area of permanent window signs shall be
subtracted from the permitted wall sign area for the establishment.
4.
Maximum Area of All Window Signs. Notwithstanding the rules regarding temporary window signs (Section 18.12.080(T)), the total area of all window signage (permanent and temporary) shall not exceed forty percent of the window surface area.
5.
Projecting
Signs.
a.
Maximum Area. In the GC (general commercial), HC (heavy commercial)
and LI (light industrial) districts, the total area (one side) of
a projecting sign shall not exceed one square foot of sign area for
each one foot of street frontage allocable to the establishment, up
to a maximum of seventy-five square feet. In the LC (light commercial),
NC (neighborhood commercial) and R/P (residential/professional) districts,
the total area of a projecting sign shall not exceed one square foot
of sign area for each two feet of building frontage allocable to the
establishment, up to a maximum of fifty square feet.
b.
Projecting Signs—Maximum Height. No part of any projecting
sign shall exceed a height of fifteen feet, as measured from the average
surface grade elevation immediately below such sign to the topmost
part of such sign. An encroachment permit is required for any sign
which will project over public property or any public right-of-way.
c.
Maximum Projection. Except awnings and canopies, projecting signs
may not project over public property more than three feet, may not
project above the eaves, parapet or second story roof line of a building
by more than three feet, or be closer than seven and one-half feet
to the finished grade.
d.
Maximum Number of Projecting Signs. Other than canopies and awnings,
an establishment may display a maximum of one projecting sign per
wall.
6.
Signs on Awnings, Canopies or Marquees. Signs may be located on or suspended from marquees or they may be painted on or sewed on the awnings or canopies. The area of such signs counts towards the total allowable area for projecting signs. Area of signage on awnings, canopies and marquees is calculated in the same manner as signage on multifaced signs, Section 18.12.030(S)(3)(e). Certain umbrella signs are exempt under Section 18.12.080(N).
7.
Freestanding Signs. Freestanding signs are of several distinct types, each with their own particular rules: (a) small monument signs; (b) standard freestanding signs; (c) freestanding signs at motorfuel dispensing stations; (d) entryway monuments at shopping centers and major establishments; and (e) freeway-oriented signs. Each freestanding sign, except freeway-oriented signs, counts as one of the maximum allowable number of permanent signs. The rules for small monument signs and standard freestanding signs are stated in this subsection, the rules for entryway monuments at shopping centers and major establishments are stated in subsection (D)(14) of this section; the rules for freeway-oriented signs are stated in subsection (D)(15) of this section; and the rules for freestanding signs at motor fuel dispensing stations are stated in subsection (D)(16) of this section.
a.
Qualifying Frontage. For properties having street frontage on more
than one public right-of-way, all continuous street frontage lines
are combined for the purpose of calculating qualifying frontage for
a freestanding sign.
b.
Small Monument Signs. To qualify for a small monument sign, a property parcel must have at least one hundred feet of continuous street frontage. Adjacent street frontages may be combined to qualify for a small monument sign. Any sharing of display area on a small monument sign is purely a matter of private agreement. The display area of a small monument sign may not exceed thirty-five square feet. The height of a small monument sign may not exceed six feet. For transferability of small monument signage rights, see Section 18.12.030(S)(1)(b).
c.
Standard Freestanding Signs. A property/parcel qualifies for a standard freestanding sign if it has one hundred fifty feet or more of street frontage. A standard freestanding sign may be either of the monument or pole type. The maximum height and area of standard freestanding signs are determined according to the appendices, Section 18.12.140 of this chapter. Within the appendices, Tables 1 and 2 respectively determine the maximum size and height of standard freestanding signs located in the LC (light commercial), CC (central commercial) and R/P (residential/professional) districts. Tables 3 and 4 respectively determine the maximum area and height of standard freestanding signs located in the GC (general commercial), HC (heavy commercial) and LI (light industrial) districts. Notwithstanding such tables, the height of a standard freestanding sign may not exceed the greater of twenty-five feet or three feet above the ridgeline of the roof of the building to which the sign relates.
d.
Freestanding Sign Height. The height of a freestanding sign is the
distance from the average horizontal surface grade immediately within
five feet of the base of the sign to the top of its highest element.
When any part of such sign is located within five feet of a sidewalk,
the height of the freestanding sign shall be from the average horizontal
surface area immediately within five feet of the base of the sign
or from the level of the sidewalk. Where there is no sidewalk, the
height of the sign shall be measured from the level of the public
street centerline nearest the sign.
e.
Limitation on Qualifying Frontage. The same street frontage may not
be counted as qualifying for both a small monument sign and a standard
freestanding sign.
f.
Statuary Signs. Statuary signs are allowable with a sign permit. The area of a statuary sign is calculated by the method stated in Section 18.12.030(S)(3)(g). A statuary sign counts as one of the total number of signs an establishment may display. Any given establishment may display a maximum of one ground-mounted statuary sign. Pole mounted or projecting statuary signs are not allowed. Use of a statuary sign disqualifies the establishment from also having a freestanding sign, even if the establishment would otherwise be entitled to a freestanding sign. There is no frontage requirement to qualify for a statuary sign permit.
8.
Signs
in Business and Industrial Complexes.
a.
Business and Industrial Complexes Composed of Five or More Establishments
and Built after the Effective Date of the Ordinance Codified in this
Chapter. Other provisions of this chapter notwithstanding, no sign
permit shall be issued for establishments within a business or industrial
complex built after the effective date of the ordinance codified in
this chapter, planned and developed as a unit and composed of five
or more establishments, unless the sign for which the permit is required
is consistent with a business or industrial complex sign permit issued
by the community development director.
b.
Business and Industrial Complexes Existing Prior to the Effective
Date of the Ordinance Codified in this Chapter. The owners of any
group of five or more existing businesses or industrial establishments
developed as a unit, on property under a single ownership, may apply
for a business or industrial complex sign permit.
c.
Criteria for Approval of Business and Industrial Complex Signs Permits.
The total sign area and number of signs within a business or industrial
complex shall not exceed the allowable height, the sum of the sign
areas and the numbers of signs that would otherwise be allowed if
each establishment were independently signed pursuant to the general
sign regulations.
d.
Consistency Requirement. Signs in business and industrial complexes
must be consistent in physical characteristics. This rule is not intended
to regulate copy or message content.
e.
The message substitution policy shall be deemed to be automatically
included in any sign permit or sign program for a business or industrial
complex.
D.
Additional Allowable Signage for Establishments Located on the Ground Floor of a Main Building. In addition to the signage allowable under subsection C of this section, establishments located on the ground floor of a main building qualify for the following signs:
1.
Rear Wall Sign. In all commercial and industrial districts, as well as the R/P district, one wall sign with an area no larger than three square feet may be displayed on the rear wall which abuts either a street (other than that providing primary public access) or an alley. When the property which displays such rear wall sign lies directly across a nonarterial street or alley from a residential zone, such sign may not be illuminated, and is exempt from the prohibition stated in Section 18.12.070(M). Where an establishment abuts two parallel, or nearly parallel, streets, the community development director shall determine which provides primary access.
2.
Temporary Signs for Special Events. An establishment qualifies for a temporary use permit for special events, as permitted by Section 17.28.040 of this code. Such permit will allow for erection of banners and pennants made of paper, cloth, plastic or other temporary materials, as well as inflatable objects and balloons. Permits for temporary signage related to a special event will be granted for not more than sixty days in any one calendar year with the approval of a temporary use permit.
3.
Temporary Signs for Limited Special Event Lot Sales. Commercially zoned properties conducting limited special event lot sales, as permitted by Section 17.28.040 of this code, may display temporary signs made of cloth, plastic, or similar temporary material. The signage allowable under this provision may be on display a maximum of fourteen consecutive days with the approval of a temporary use permit.
4.
Temporary Signs for Lot and Sidewalk Sales. Commercial establishments conducting lot and sidewalk commercial activities, as permitted by Section 17.28.040 of this code, may display temporary pennants and banners signs made of paper, cloth, plastic, or similar temporary material with the approval of a temporary use permit.
5.
Temporary
Use Permit Sign Exceptions
a.
New Establishments. A new establishment or new management of an existing
establishment may display temporary advertising devices for a maximum
period of thirty days. A temporary use permit is not required. Signs
shall be placed on the subject property and not create a safety hazard.
b.
During certain special times described below, any establishment may
display temporary advertising devices without obtaining a temporary
use permit. Signs shall be placed on the subject property and not
create a safety hazard The time periods are:
i.
Valentine's Day/Presidents' Day—from 12:01 a.m. on the second
Saturday before Valentine's Day through two days after Presidents'
Day (third Monday in February).
ii.
Mother's Day—from 12:01 a.m. on the second Saturday before
Mother's Day (second Sunday in May) through two days after.
iii.
Independence Day—from 12:01 a.m. on the second Saturday
before Independence Day (July 4th) through two days after.
iv.
Labor Day—from 12:01 a.m. on the second Saturday before Labor
Day (first Monday in September) through two days after.
v.
Winter Holiday—from 12:01 a.m. on the day after Thanksgiving
(fourth Thursday in November) through January 3rd.
6.
Temporary Noncommercial Signs. The rules for temporary noncommercial signs are stated in Section 18.12.080, Exempt signs.
7.
Inflatable
Object Signs. Upon approval of a temporary sign permit, an establishment
may display inflatable objects for a maximum of fourteen days per
calendar year in conjunction with special events. The objects must
be located so as not to block required parking, driveways or emergency
access to the premises.
8.
Display
Prior to Permit. For special event signs that are displayed prior
to obtaining a temporary sign permit, the number of display days is
calculated from the date on which the earliest-displayed sign first
went on display.
9.
Removal
Requirement. All temporary signs for special events shall be removed
at the expiration of the permit.
10.
Drive-In or Drive-Through Establishments. In addition to otherwise
allowable signage, drive-in or drive-through establishments qualify
to display one additional permanent sign which may not exceed seven
square feet in sign area (measured one side only). Drive-in or drive-through
establishments also qualify for one intercom-equipped signboard by
which customers or patrons communicate from their vehicles with the
staff located inside the establishment; such intercom signboard may
not exceed fifty square feet in sign area and may not exceed eight
feet in height.
11.
Grocery Stores Located in Buildings Without Windows or With Limited
Window Area. The following regulations are intended to allow grocery
stores with little or no windows to have similar temporary sign rights
as grocery stores with windows. Sign display cases as provided in
this subsection shall be placed on no more than two walls of any such
establishment. One wall used for these sign display cases may be viewable
from the street providing primary access but not a freeway. One wall
with these sign display cases must be the wall with the primary pedestrian
access point to the grocery store and shall be viewable primarily
from the on-site parking area for that store.
a.
In addition to signage otherwise allowable, grocery stores located
in buildings without windows may display temporary signs in one of
the following methods:
i.
Temporary Signs Located in Display Cases. Each temporary sign shall
be no larger than four feet by six feet in size. No more than four
sign display cases may be placed on any one wall, and the total area
of such display cases shall not exceed the lesser of ten percent of
the area of the wall upon which they are displayed. Such display cases
must be solid and rigid in construction, and have a solid cover which
prevents the temporary signage inside from being blown down or damaged
by weather. Such display cases may not be illuminated.
ii.
Temporary Signs Not Located Within a Display Case. Each temporary
sign shall be no larger than four feet by six feet in size. No more
than four temporary signs may be placed on any one wall and the total
area of these temporary signs shall not exceed ten percent of the
wall area upon which they are displayed. Each temporary sign shall
consist of rigid, weather-proof materials and lettering. Each temporary
sign shall be securely fastened to the wall of the building and approved
by the community development director.
b.
Grocery stores located in buildings in which the wall areas viewable from the adjacent street or main parking area have windows that make up less than five percent of the wall areas may display temporary signs in the same number and manner described in subsection (D)(11)(a) of this section. The total area of all temporary signs displayed, both in any windows and in the allowed display cases, shall not exceed ten percent of the wall area upon which they are displayed.
12.
Automobile, Truck and Motorhome Sales Facilities Sign Permits. In
addition to the signage otherwise allowed, upon the approval of a
sign permit by the community development director, automobile, truck
and motorhome sales facilities located within special treatment area
V may display banners, flags, pennants, streamers and similar devices
pursuant to the following standards:
a.
Light Poles. Each light pole within the dealership may display banners
and bunting, below the light fixtures, having an area no greater than
forty square feet per side. If displays are mounted on more than two
arms, the total area of all sides of the displays shall not exceed
eighty square feet per light pole. Atop each light pole, a flag or
pennant up to nine square feet in size may also be displayed. These
flags or pennants shall not project more than six feet above the top
of the light poles.
b.
Wall and Fence Banners. In addition to banners and flags allowed
elsewhere by this section, banners are allowed on walls, fences and
between light poles. The total area of all such banners within a dealership
shall not exceed one thousand two hundred square feet. Such banners
shall be oriented for viewing primarily from the freeway or within
the dealership, not from adjacent residential neighborhoods.
c.
Vehicle Displays. Each vehicle may have a balloon or pennant attached
to it so long as they do not extend more than eight feet above the
vehicle.
d.
Strings of Pennants and Streamers. A dealership may display strings
of pennants and streamers, with material extending no more than eighteen
inches from the string. These strings shall be limited to the area
of the property within one hundred feet of the SR 94 and College Avenue
rights-of-way. Strings of pennants and streamers shall be limited
to one linear foot per foot of street or freeway frontage, and shall
not project more than fifteen feet above the ground.
e.
All banners, flags, pennants and streamers shall be kept clean and
in a state of good repair at all times.
f.
In addition to the inflatable objects allowed by subsection (D)(7) of this section, a dealership may display a tethered inflatable object for an additional ninety days per calendar year. Such objects shall be no larger than ten feet in diameter or fifteen feet in length, and shall not be tethered to a line longer than seventy-five feet in length. Such object shall also be tethered in such a manner that it does not extend outside the vertical projection of any exterior property line of the dealership.
g.
Such sales facilities also qualify for a freeway oriented sign that
does not exceed fifty feet in height and five hundred square feet
in display area. One hundred seventy-five square feet of this area
may be devoted to a moving electronic message board.
13.
Establishments with Service Bays. In addition to otherwise allowable signage, an establishment which has fifty percent or more of its building face occupied by vehicle service bays, which generally remain open during normal business hours, may display temporary signs or banners, of the type approved for display on the interior surface of windows by Section 18.12.080(T), within the service bays, subject to the following limitations:
a.
Display Time Limit. Such signs are to be used for short-term sale
or promotional activity only and may not be displayed for more than
sixty consecutive days. Sign copy must be changed at least every sixty
days so as not to become permanent.
b.
Maintenance Duty. Any such signs which have become torn, frayed,
stained or faded shall be removed or replaced immediately.
c.
Permissible Display Location. Such signs must be displayed parallel
to the front of the building and entirely within the service bay.
When service bay doors are closed, signs permitted by this section
will be inside the doors. Such signs must be displayed in the upper
half of the service bay opening and no portion of the sign shall be
less than eight feet above the ground, pavement or floor below.
d.
Mounting. Such signs shall be firmly held in place by wires or similar
devices and shall not be designed to be substantially affected by
action of the wind.
e.
Streamers, Etc. Streamers, pennants and balloons may not be displayed
as part of, or in lieu of, the permitted signs.
f.
Maximum Total Area. Where signs are displayed in service bays pursuant
to the standards established in this subsection, the total combined
area of all permanent signs displayed on the exterior of the building
and all temporary signs displayed within the service bays shall not
exceed twenty-five percent of the building face area.
14.
Entryway Monument Signs at Shopping Centers and Major Establishments.
This provision applies to shopping centers and major establishments
which fall into at least one of the following categories: (1) the
building(s) on the legal parcel contains at least five separate establishments;
(2) the establishment is located on land which is at least one acre
in area. Such shopping centers and major establishments qualify for
one freestanding sign to be located near each driveway entrance fronting
onto an arterial street or freeway exit or entrance. Such signs may
not exceed fifty square feet in area, and may not exceed eight feet
in height. Such signs do not count toward the maximum number of signs
that may be displayed by separate establishments within the shopping
center.
15.
Freeway-Oriented Signs. An establishment qualifies for a freeway
oriented sign by having a minimum of one hundred fifty feet of street
frontage. Notwithstanding the foregoing sentence, no freeway oriented
sign may be located so as to be viewable from a freeway which is elevated
more than fifty feet above grade for distance of more than one hundred
feet. Allowable freeway-oriented signs must be located within three
hundred feet of the boundary of a freeway or freeway ramp right-of-way,
and must be erected on the same legal parcel as the establishment
to which the sign relates. The maximum height of a freeway-oriented
sign is fifteen feet above the elevation of the centerline of the
nearest freeway or freeway ramp. The maximum size of a freeway-oriented
sign is one hundred twenty square feet. In no event shall any given
establishment be allowed more than one freeway-oriented sign. In no
event may a freeway-oriented sign display an offsite commercial message.
Freeway-oriented signs may be illuminated. Freeway-oriented signs
do not count toward the maximum number of signs which an establishment
may display.
16.
Freestanding Signs at Motor Fuel Dispensing Stations. In addition
to signage otherwise allowable, motor fuel dispensing stations qualify
for one freestanding sign for each street from which motorists may
enter the fueling area, when such signs are used for complying with
state or federal laws or regulations regarding posting of fuel grades,
prices, and similar information. Such freestanding signs must be located
in such a manner that they do not impede the flow of motor vehicles
into or out of such facility, or the flow of motor vehicles or pedestrians
on the public rights-of-way. The maximum display area of each fuel
grade and price sign allowed under this subsection is fifteen square
feet, unless state or federal law requires a larger sign, in which
case the minimum size under state or federal law shall also be the
maximum size under this chapter. The area of a fuel price sign may
be combined with the otherwise allowable area of a monument sign.
The maximum height of such sign is five feet.
E.
Maximum
Permanent Signage for Establishments Located on the Second Floor of
a Main Building. Establishments located on the second floor of a main
building are limited to one sign each, which may be either a wall
sign or a projecting sign. If it is a wall sign, the maximum area
is twenty percent of the outside wall surface allocable to the establishment.
If the sign is of the projecting type, then the maximum area is one
square foot of sign for each one foot of building frontage allocable
to the establishment, up to a maximum of twenty-five square feet.
F.
Maximum
Permanent Signage for Establishments Located on the Third or Higher
Floor of a Main Building. Establishments located on the third or higher
floor of a main building may not display exterior signs. This rule
does not prevent such an establishment from being identified on a
building identification sign.
G.
Special
Sign Districts. The city may, by ordinance, create special sign districts
to reinforce the identity of specific areas of the city, to create
shopping areas with consistent ambiance and visual tone, to promote
business, to strengthen the city's tax base and to implement the general
plan. Such districts shall be created through the zoning ordinance
amendment process pursuant to the provisions of this code. Special
sign districts shall be considered overlay zones which modify the
underlying zoning with regard to sign regulations. The zoning amendment
process for creation of a special sign district may be initiated by
resolution of the planning commission or city council or by application
of one or more of the owners or duly authorized agents thereof, of
the property within the area proposed to be included in the special
sign district. The creation of, and rules relevant to, such special
sign districts is in the legislative discretion of the city council.
The message substitution policy shall automatically apply to and be
deemed a part of any sign district created under this provision.
H.
High
Rise Buildings. Buildings which consist of four or more floors may
display a maximum of one wall or projecting sign, the size of which
may not exceed the lesser of five percent of the building wall on
which the sign is mounted, or two hundred fifty square feet. Such
sign must be located on the exterior of the topmost floor, and may
be illuminated at night. The top of such sign may not be more than
three feet above the ridge line of the roof of the building to which
the sign relates.
(Ord. 386 § 3, 2009; Ord. 391 § 1, 2010; Ord. 455 § 2, 2020)
A.
Application of Section. This section applies to all signs in all residential districts except R/P (residential/professional). The rules for residential professional districts are stated in Section 18.12.040.
B.
Commercial
Messages Generally Prohibited in Residential Districts—Exceptions.
Except as expressly allowed by this section, no commercial message
signs may be displayed in any residential district. This specifically
includes, but is not limited to, signs related to home-based businesses
or occupations, which may not be displayed on residences. Notwithstanding
the foregoing, onsite commercial signs which were legal when the signs
were first constructed may remain on display until the establishment
ceases operation, so long as the sign is not increased in size, new
illumination is not added, the sign is not moved, and the sign is
maintained in safe condition.
C.
No
Illumination of Signs in Residential Districts. No sign in a residential
area may be illuminated, except as expressly provided in this section.
Exception—Temporary Displays. Temporary noncommercial
signs may be displayed in residential neighborhoods during the time
period commencing November 15th and ending January 5th. Such displays
may be illuminated and do not require a permit.
D.
Occupant
Signs. Signs identifying the occupants and address of a residential
building of three or fewer units may be displayed without a permit.
Such signs may not exceed two square feet in area and may not be mounted
higher than the roof line of the building to which they relate. Such
signs may not be illuminated.
E.
Apartment
Building Identification Signs. Buildings containing four or more legal
dwelling units which are offered to the public for rent or lease qualify
for one apartment building identification sign. Such sign may not
display more than two faces. Such sign may be a wall sign, a projecting
sign or a freestanding sign. A freestanding sign shall not be located
in the front half of any required front yard or in any side or rear
yard, and shall not be more than four feet in height above finished
grade. Such signs may be illuminated only by flood lighting which
does not expose electrical bulbs to public view. For buildings or
complexes with four or more units but less thirteen units, the maximum
sign area is twelve square feet. For buildings or complexes with thirteen
or more units, the maximum sign area is twenty-four square feet.
F.
Subdivision Tract Signs. One subdivision tract sign, not exceeding forty square feet in area per display face, may be permitted for a limited period of time beginning with the recordation of the final map and ending when the first sale of all lots or units is completed. Such sign shall not be illuminated, and may have a maximum of two display faces. Additional signs, flags and banners permitted or authorized by state law do not count towards the maximum signage under this subsection. Directional signage for tract housing developments is controlled by Section 18.12.060, Temporary signs.
G.
Noncommercial Signs. In all residential districts, noncommercial establishments (not including residences) may erect one freestanding or wall sign of up to thirty-two square feet in area for each display face. No part of the freestanding sign may be closer than five feet to the nearest public right-of-way or any drive-way providing access to this or any adjacent site. The height of the sign above finished grade shall conform to the height limits of the appendices, Table 2 of Section 18.12.140 of this chapter, but with a limit of eight feet in maximum sign height. If a sign is a freestanding sign, such signs may have no more than two display faces. Such establishments on properties with more than one street frontage may have either an additional freestanding sign or a wall sign up to thirty-two square feet in size on each street frontage of more than one hundred linear feet. Such establishments on properties greater than one acre in size may increase the area of their sign on the main street frontage by ten square feet for each additional acre, or portion thereof, to a maximum of sixty-four square feet. Such signs may be illuminated by flood lighting which does not expose electrical bulbs to public view, or by an internally illuminated cabinet.
H.
Permanent Noncommercial Signs on
Residential Uses. On all legal residential uses located on private
land within the city, regardless of zoning, the resident thereof may
display noncommercial messages on signs, without permits, subject
to:
(Ord. 391 § 1, 2010)
A.
(Reserved)
B.
Rules
Applicable to All Temporary Signs. Unless otherwise provided, all
temporary signs are subject to the following rules:
1.
Private
Display—Consent. All temporary signs may be displayed only upon
private property for which the legal owner has given written consent
to the display, except in the case of non-commercial signs, for which
oral consent is sufficient until denied or revoked in writing by the
owner.
2.
No
Damage to Earlier Displayed Signs. Persons placing temporary signs
on display shall not remove, damage, or block the view of any other
signs, whether competing or not, and whether temporary or permanent,
which were placed on display at an earlier time.
3.
Removal
Requirement. The permit holder or other persons who display temporary
signs which concern only an event with a specific conclusion date
shall remove all such signs not later than five calendar days after
such event has concluded.
4.
Construction
Standards. All temporary signs shall be constructed and mounted in
such a manner that they shall not rip, shred, tear or blow away by
exposure to normal weather conditions.
5.
Maximum
Size. The display face of any allowable temporary sign shall not exceed
six square feet.
6.
Single
Permit for Multiple, Related Signs. In the case of multiple copies
of the same temporary sign being displayed simultaneously, and/or
in the case of a series of temporary signs with changing copy but
relating to the same subject matter, a single permit may be issued
for the entire set.
7.
Display
of Temporary Signs on City Owned Property. Temporary signs may be
displayed on property owned by the city only pursuant to a policy
established or approved by the city council.
(Ord. 391 § 1, 2010)
Except as explicitly allowed in this chapter, the following
types of signs are prohibited throughout the city.
A.
Hazardous Signs. Signs which are detrimental to the public safety, including any sign which by virtue of its design, construction or lighting might reasonably be mistaken for a traffic light or signal or is located in such a manner as to obstruct free and clear vision or the view of any authorized traffic sign, signal or device; or which because of its location would prevent free ingress to or egress from any door, window, or fire escape; or is attached to a standpipe or fire escape, or is in such physical condition to pose a threat of death, damage or injury to persons or property, are prohibited. The determination that a given sign will be, or has become, hazardous shall be made by the community development director, whose determination is final unless appealed pursuant to Section 18.12.100. The rules of abatement and removal of hazardous signs are stated in Section 18.12.130.
B.
Signs
on Public Property. Except as specifically allowed by this chapter,
signs may be displayed on public property only in accordance with
policy approved by the city council.
C.
Wind-Activated
Signs and Banners. Except as specifically allowed by other provisions
of this chapter, spinners, pennants, streamers, balloons, or other
air-borne and wind-activated devices are prohibited, except:
1.
Public
Event Banners, Etc. Decorative pennants and banners for use in conjunction
with public events, i.e., events open to the general public and which
are sponsored or endorsed by public entities or non-profit or noncommercial
entities, are allowable.
2.
Special Event. Subject to the limitations stated in Section 18.12.040(D)(2), airborne and wind-activated devices may be permitted for special events.
D.
Moving
and Portable Signs.
1.
Portable
Signs. Portable signs are prohibited on private property or in a public
right-of-way, except when necessary for traffic safety purposes, or
as authorized by the city in conjunction with a public event, or where
specifically permitted by this chapter.
2.
Moving
Signs. Except as explicitly allowed by this chapter, moving signs
are prohibited.
E.
Signs
on Vehicles.
1.
Applicability.
As used in this subsection, vehicles include wheeled vehicles, aircraft
over which the city has regulatory jurisdiction, and watercraft. This
provision applies to all vehicles in the city, regardless of whether
they are motorized or nonmotorized, operable or nonoperable, registered
or unregistered; however, this subsection does not apply to aircraft
which have received an FAA waiver for towing aerial signs, pursuant
to 14 CFR Section 91.311.
2.
General
Prohibition.
a.
Except as allowed by this subsection, signs on vehicles are prohibited.
b.
Exceptions. Signs on vehicles are allowed on vehicles, without sign
permits, only when the copy or message relates only to the business
or establishment of which the vehicle itself is a part; pertains to
the sale, rent, lease or hiring of such vehicle; or is a noncommercial
message.
3.
Physical
Requirements. All allowable signs on vehicles must be painted or firmly
attached directly to the vehicle and must not extend or project more
than three-quarters of one inch beyond the vehicle's original profile.
4.
No
Parking for Commercial Advertising Purposes. Vehicles displaying signs
may not be parked in such a manner that they function primarily as
commercial advertising devices. Vehicles may not be used as mounting
or holding devices for commercial signs.
F.
Off-Site
Commercial Signs. Off-site commercial signs are prohibited, except
as expressly permitted by this chapter.
G.
Flashing
Etc. Except for traffic, directional and safety signs, the following
signs are prohibited: signs which flash, reflect or have bare bulb
illumination over fifteen watts per bulb, signs which because of their
lighting or reflected light are detrimental to surrounding property.
This prohibition does not apply to neon and argon lamps designed for
outdoor display.
H.
Flood
Lighting. Flood lighting used primarily for illumination of any sign
is prohibited, except when such lighting is installed on private property
and is hooded or shielded so that the light source is not visible
from adjacent residential and commercial properties and public rights-of-way.
Security lighting which incidentally illuminates signs shall not be
considered flood lighting for the purpose of this chapter.
I.
Flame.
Open flame as a source of illuminating a sign is prohibited.
J.
Bench
and Garbage Receptacle Signs. Signs painted, attached, affixed or
mounted on public benches are prohibited, except as permitted by franchise
agreement between the bench provider and the city. Garbage receptacle
signs are prohibited unless such receptacles have been donated by
a noncommercial organization and the city has accepted the donation
and approved the receptacle sign which bears only the name or logo
of the contributing organization.
K.
Roof
Signs. Except where otherwise specified, signs mounted on roofs are
prohibited. However, any roof, the slope of which varies more than
forty-five degrees from the horizontal plane, shall be considered
wall space for the purpose of this rule. However, noncommercial temporary
displays, whether using illumination or not, may be mounted on roofs
in residential zones during the time period November 15th through
January 5th.
L.
Any
sign located adjacent to driveways or on corner lots that obstruct
vehicular sight distance as determined by the city engineer.
M.
Business
Signs Facing Residential Districts. Commercial messages, located so
as to face any residential district or use other than nonilluminated
directional signs as described in this chapter, are prohibited. This
prohibition does not apply to commercial establishments which face
streets designated as arterial streets on the general plan. Notwithstanding
the foregoing, when a commercial establishment faces a residential
district or use, is not located on an arterial street, and has no
other street frontage for identification, such establishment qualifies
for a permit for a sign facing the residential district; however,
such a sign may not be illuminated. On-site directional signs located
on such establishments may be illuminated.
N.
Signs
Which Interfere With Solar Energy Collection Devices. Any sign which
blocks or shadows solar energy collection devices from direct sun
exposure in a manner inconsistent with any state or city regulation
is prohibited.
(Ord. 391 § 1, 2010)
A.
Application
of Section. The signs described in this section are exempt from the
permit requirement, do not count towards the total combined area of
permitted signage otherwise allowable, and do not count towards the
total number of signs which may be permitted for a given establishment
or residence, or towards the maximum area of allowable signs. Unless
otherwise stated, the rules of this section apply in all zones.
B.
Owner
Consent Required. Signs which are exempt from the permit requirement
under this section may be erected or displayed only with the consent
of the legal owner of the tax parcel on which the sign is displayed.
C.
Temporary Noncommercial Signs. Temporary noncommercial signs may be displayed for a period of sixty days without obtaining a sign permit in a commercial, industrial and residential district property and in excess of the size limitations under this section provided said signs conform to Sections 18.12.060(B)(1)—(4) and 18.12.070. Said temporary signs may not exceed sixteen square feet for any single sign.
D.
Real
Estate Signs. Real estate signs as described in Civil Code Section
713 may be displayed on private land located within the city, subject
to: (1) maximum number of signs per lot or property: in residential
zones and on legal residential uses, one; in all other zones or on
nonresidential uses, two; (2) maximum area: in residential zones and
legal residential uses, six square feet; in all other zones, sixteen
square feet; (3) maximum display time: until the advertised property
is sold, rented or leased.
E.
Temporary Real Estate Directional Signs. Signs which identify and provide directional information to any residential property which is offered for sale, or for rent for the first time, are allowable without a permit, subject to the rules applicable to all temporary signs, Section 18.12.060(B) and the following:
1.
Maximum
Number and Placement. Temporary real estate directional signs shall
be located only along the most direct single route to the development
along arterial streets; no more than one sign shall be permitted at
each intersection.
2.
Removal
Requirement. The persons placing temporary signs on display shall
remove them at the earlier of when the subject property is sold or
when the permit expires;
3.
Maximum
Area and Height. The area of each sign shall not exceed nine square
feet and the height shall not exceed five feet.
4.
Time
Limit. Permits for temporary real estate directional signs shall be
issued for a limited period of time, not to exceed twelve months or
until the first sale or rental of all units is completed, whichever
occurs first.
5.
Relationship
to State Law. Temporary real estate directional signs allowed under
this subsection are in addition to those specifically allowed by state
law.
F.
Construction Project
Signs. Construction signs may be displayed, without permit, on the
same parcel(s) as the project being developed or built, during the
time period beginning with the issuance of a building permit and ending
with the issuance of a certificate of occupancy for the last unit
or portion of the building. Such signs are subject to:
G.
On-Site
Directional Signs. Signs facilitating or controlling the efficient
or safe movement of pedestrians or vehicles on private property may
be displayed without permit. Such signs shall not be used for commercial
advertising purposes. Such signs shall be located on the property
to which they pertain, and shall not exceed an area of three square
feet nor a height of three feet. Parking identification signs on wheel
stops, and legal signs not exceeding the height and area standards
for traffic and safety signs, are also allowable without permit.
H.
Bulletin
Boards. One bulletin board is allowable per establishment, without
permit. All bulletin boards must be securely attached to a wall. Bulletin
boards at commercial establishments shall not exceed nine square feet.
Bulletin boards at noncommercial and nonprofit establishments shall
not exceed twenty square feet in area.
I.
Warning
Signs. Signs displaying messages warning of danger are allowable without
permit, so long as they do not exceed three square feet in area.
J.
Public
Message Signs. Signs displaying noncommercial messages for public
information, such as designation of restroom, telephone locations,
smoking rules and door openings, are all allowable without permit.
Such signs may not exceed three square feet in area.
K.
Signs
Required or Authorized by State or Federal Law. Signs and notices
required by or specifically authorized by state or federal law are
allowable without permit, so long as such signs conform to the requirements
of the authorizing law. When the authorizing law states a minimum
size for such sign, but no maximum size is stated, then the minimum
size under the state or federal law shall also be the maximum size
under this chapter.
L.
Public
Interest Notices. Notices placed on bulletin boards or kiosks maintained
by the state or any subdivision of the state for the purpose of displaying
such notices, are allowable without permit.
M.
Flags and Flagpoles.
Flags or similar devices bearing noncommercial images and symbols
may be displayed without permit, subject to:
a.
Maximum
vertical dimension: five feet;
b.
Maximum
horizontal dimension: eight feet;
c.
Maximum
number: not limited;
d.
Maximum
cumulative area of all flags on a parcel: forty square feet (one side);
e.
Maximum
height of pole: thirty feet above grade;
f.
Maximum
number of poles per lot or parcel: one.
N.
Certain
Umbrellas. Establishments serving food for consumption on the premises
may display commercial or noncommercial messages on outdoor table
umbrellas, without a permit.
O.
Historical
Site Plaques. Plaques or signs designating a building as a historical
structure may be displayed without a permit.
P.
Professional
and Business Shingles. Name plate signs for a professional office,
or a professional office within another establishment, or shingle
type signs, which announce the name and type of profession, business,
or activity, may be displayed without a permit by any establishment
located on the ground or second floor of a main building in all commercial
and industrial zones, as well as in the residential/professional zone.
Any such sign shall not exceed three square feet in area, must be
fastened directly to the building or hang from an awning, building
overhang or canopy, and may not extend beyond the property line. No
such sign may be displayed in a residential zone or on a residential
use.
Q.
Barber
Poles. Traditional barber poles bearing no advertising message are
allowable without permit.
R.
Vending
Machine Signs. Permanent signs painted on or attached to vending machines,
gas pumps, ice containers or similar dispensing devices, may be displayed
without permit so long as they are oriented primarily to pedestrians
on the property and not towards the street, and the message or copy
thereon relates to the items vended by such machine. Vending machine
signs may not display offsite commercial messages.
S.
Time
and Temperature Signs. Signs in commercial and industrial zones which
indicate the time and temperature are allowable without permit. Such
signs shall not exceed fifty percent of the area permitted for wall
signs.
T.
Temporary
Window Signs. Up to twenty-five percent of the total combined window
surface area of establishments located on the ground floor of a main
building may be covered with temporary window signs made of paper,
cloth, plastic, cardboard, or similar temporary materials. No permit
is required for such signs. Any temporary window signs must be either
attached to the interior of the window, or of weatherproof paint affixed
to the exterior of the window, or both. Temporary window signs shall
be properly maintained. To qualify for this exemption, sign copy shall
be changed, at a minimum, every sixty days, so as not to become permanent.
Window signs which do not change copy at least once in any sixty-day
period shall be considered permanent, and are allowable only with
a permit.
U.
Informational
Signs. In commercial and industrial districts, window signs which
display general information are allowable without permit. Such signs
include: hours of operation, whether the business is open or closed,
contractors' license numbers, credit card and trading stamp policies,
languages spoken, menus for eating establishments and security service
and burglar alarm decals. The total area of all such signs displayed
by a single establishment shall not exceed two square feet in area,
shall be considered permanent window signs.
V.
Noncommercial Group
Signs. Signs displaying the name(s) or message(s) of noncommercial
organizations or groups may be displayed on private land within the
city, subject to:
a.
Conformance
with any applicable special sign district regulations;
b.
Physical
type: freestanding;
c.
Maximum
area: six square feet per display face;
d.
Maximum
number of display faces: two;
e.
Maximum
height: eight feet;
f.
Illumination:
allowed;
g.
Location:
near entrances to the city from a freeway or freeway offramp;
h.
Orientation:
facing drivers as they enter the city.
W.
Directional
Signs:
1.
Class
I Directional Signs. Signs which identify and provide directional
information to public and private noncommercial facilities may be
displayed without permit. In addition, signs which provide direction
to general areas of the community such as "Central Business District"
and specific areas such as "Bus Station" are also allowed without
permit.
a.
Location. Class I directional signs may be located on private property
or, if consistent with a policy adopted or approved by the city council,
within the public right-of-way or on city-owned property.
b.
Size: Class I directional signs shall have a face area not exceeding
four square feet and a height not exceeding eight feet.
2.
Class
II Directional Signs. In areas where street identification or house
numbering systems do not exist or are inadequate to a degree as to
make finding a particular location unduly difficult, signs intended
solely to provide directional information to a particular property
or residence may be displayed without permit.
a.
Limit. Not more than one sign each with an area not to exceed four
square feet, or a height of eight feet, shall be permitted per each
property or residence.
b.
Information. Signs shall contain only the name of the property owner
or resident and directional information to the property or residence.
X.
Single-Day
Events for Charitable and Other Noncommercial Groups and Establishments.
Moving and portable signs which are held by persons may be displayed,
without permit, by charitable, nonprofit and noncommercial organizations,
as part of a fund raising or other single day special event. In such
cases, the portable or moving signs and the events to which they relate
must comply with all other applicable laws. Such signs may be displayed
only on the day of the actual fund raising event, may not exceed six
square feet in size, and no more than four such signs may be displayed
for each location at which the fund raising event is taking place.
(Ord. 391 § 1, 2010)
B.
Building
Permit. Where required by the Uniform Building Code, Uniform Electrical
Code, Uniform Sign Code, or other code or ordinance adopted by the
city, a building and/or electrical permit shall be obtained prior
to the erection, attachment or installation of a sign. All signs requiring
a permit must also comply with all safety codes, such as building,
grading, electrical, plumbing, and mechanical codes.
C.
Encroachment
Permit. If the particular sign is required to have an encroachment
permit by the provisions of this chapter, then the encroachment permit
may be processed simultaneously with the sign permit application,
or as one aspect of the sign permit application itself.
D.
Sign
Permit Application. Applications for sign permits shall be submitted
to the community development department and shall be accompanied with
three copies of a sign plan which includes the following:
1.
A
drawing, at an appropriate scale, of the entire property upon which
the sign is to be displayed. The drawing shall indicate the location
of the property lines and abutting streets and the location and dimensions
of existing and proposed buildings and signs;
2.
An
illustration, at an appropriate scale, of the proposed sign, indicating
dimensions, area, materials, colors, and types of illumination;
3.
Structural
and electrical details, when applicable;
4.
The
address of the property upon which the sign is to be displayed;
5.
The
name, address, and telephone number of the applicant and property
owner;
6.
The
written consent of the legal owner on which the sign is proposed to
be erected, as well as all lessees or persons having possession of
the property;
7.
Such
other information as the community development director may require
to determine that the proposed sign or signs will comply with this
and all other applicable ordinances and policies of the city. Such
additional information shall not include the sign copy or content,
but shall be related only to the non-communicative aspects of the
proposed sign.
E.
Single
Permit for Multiple, Related Signs. In the case of multiple copies
of the same temporary sign being displayed simultaneously, and/or
in the case of a series of temporary signs with changing copy but
relating to the same subject matter, a single permit may be issued
for the entire set.
F.
Combined
Permit Fee. Upon approval of the sign permit application by the community
development director, the applicant shall pay a sign permit fee in
an amount established by resolution of the city council. Where a sign
permit and a variance and/or an encroachment permit are required or
requested concurrently, the largest of the application fees shall
constitute the entire fee to be paid at the time of application.
G.
Completeness
of Application. If the community development director finds that any
sign permit application is incomplete, the director shall, within
twenty-one calendar days of when the application was first submitted,
provide written notice of incompleteness to the applicant, specifying
the missing items of information. Any applicant who receives such
a notice has twenty-one calendar days in which to submit a complete
application without paying the application fee anew. Failure of the
director to give notice of in-completeness within the twenty-one day
time period shall result in the application being deemed complete
as of the date of application.
H.
Determination
of Application. The community development department shall issue a
sign permit upon determining that a proposed sign is in conformance
with this chapter and other applicable requirements and standards
of the city. Approval of a sign permit may be conditional upon compliance
with applicable provisions of this chapter, safety codes, or other
applicable law. Such determination must be made within twenty-one
calendar days of when the application is initially submitted, unless
the application is found to be incomplete. If the determination is
not made and notice thereof given within the required time, then the
application shall be deemed denied, and the applicant shall then have
an immediate right of appeal. The applicant may waive the requirement
for timely determination.
I.
Post
Facto Permit. Whenever a sign has been erected, attached, or installed
prior to the issuance of the required permits, and a permit is requested
so as to legalize the sign, the fees for such permits shall be doubled
to cover additional administrative expenses to the city.
A.
Levels
of Review and Determination—Sign-Related Decisions. Sign-related
decisions are made initially by the community development director,
and may be appealed first to the planning commission and then to the
city council. The planning commission and the city council are appellate
bodies. Sign-related decisions include, but are not limited to, determinations
on applications for sign permits, encroachment permits, removal or
abatement orders, and interpretations or applications of this chapter.
B.
Time
for Determination and Time for Appeal. At each level of appeal, the
appellate body must make a determination on a sign-related decision
within twenty-one calendar days after notice of appeal has been duly
given. Unless an applicant or appellant waives time, failure to make
the determination within the twenty-one calendar day period means
that the application or appeal is deemed denied as of the twenty-first
day, and gives the appellant an immediate right of appeal to the next
level, or to judicial review.
C.
Notice
of Appeal Requirements. Appeals shall be addressed to the appellate
body, on a form available in the office of the community development
department, or in letter form, and shall state the basis of the appeal.
Appeals shall be filed in the office of the city clerk. Appeals shall
be accompanied with a filing fee established by city council resolution
and shall be filed within fifteen days following the action or decision
from which the appeal is made, or the time in which the applicant
or appellant has an immediate right of appeal. Failure to file an
appeal within the required time waives all objections and appeal rights.
D.
Public
Hearing on Appeal. Upon receipt of a properly filed appeal, a public
hearing shall be scheduled before the appellate body at the earliest
possible date, not more than twenty-one days after the notice of appeal
has been properly filed. The appellate body shall hear the evidence
presented and shall affirm, modify, or reverse the decision being
appealed; such decision shall be made in public and in writing. If
the appellate body fails to timely render its decision, then the appeal
shall be deemed denied as of the twenty-first date following notice
of appeal. However, these time requirements may be waived by the appellant.
E.
Effect
of Appeal Upon Decision. An action or decision of the community development
director, or of the planning commission, or of the city council, which
has been properly appealed, shall not become effective unless or until
the appellate body makes its decision on the appeal. During the appellate
period, the status quo shall be maintained.
F.
Notice
of Hearing. Notice of hearings regarding appeals from decisions made
according to this chapter will be made in the following manner:
1.
For
appeals of administrative decisions and interpretations of the community
development director, written notice of the place, time, and date
of the hearing shall be mailed to the appellant and the owner of the
subject property not less than ten days prior to the hearing.
G.
Prompt
Judicial Review.
1.
Any
person who believes that the community development director, planning
commission or city council has arrived at an erroneous or improper
sign-related decision may seek judicial review of such determination,
pursuant to Code of Civil Procedure Section 1094.8, in any civil court
located in San Diego County having subject matter jurisdiction.
2.
Time
Limits for Seeking Judicial Review. Such civil action must be filed
within twenty-one calendar days of when the final decision is rendered,
or the appeal deemed denied by the passage of time without determination.
Failure to seek judicial review within these stated time periods waives
all right to object or seek judicial review. In the event of a person
timely seeking judicial review before the matter has been finally
decided by the planning commission or city council, the city shall
waive all objection based on the appellant's failure to exhaust administrative
remedies.
(Ord. 386 § 3, 2009)
A.
Application
of Section. This section is intended to relieve the owner of the property
from an inability to identify his property or business establishment
in the same manner as is enjoyed by other properties of like character
in the same vicinity and zone.
B.
Findings of Fact Required. A variance shall not be granted which confers a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated. The planning commission may grant a variance only upon making all findings of fact enumerated in Section 17.28.060 of the Lemon Grove Municipal Code, without consideration of the message content or display copy of the proposed sign.
C.
Procedure. Application for variances from the standards established in this chapter shall be filed and processed subject to the requirements of Section 17.28.020 of the Lemon Grove Municipal Code.
D.
Consideration
Factors. In processing a variance application for a sign, no consideration
shall be given to the message content of the proposed sign, unless
such message is illegal under state or federal law.
(Ord. 386 § 3, 2009)
A.
Violation—Penalty. Any person, firm or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be deemed guilty of an infraction and shall be subject to the penalties established in Section 17.04.070 of the Lemon Grove Municipal Code.
B.
Enforcement. Except where provision is otherwise herein specifically provided, enforcement of the provisions of this chapter shall be covered by Section 17.28.020 of the Lemon Grove Municipal Code. Alternatively, violations of this chapter may be remedied by a civil action for declaratory and injunctive relief, or any other remedy available by law.
(Ord. 386 § 3, 2009)
A.
Policy.
It is the public policy of the city of Lemon Grove to bring all signs
located within the city into conformance with the current sign ordinance
as soon as possible, without infringing upon the vested rights of
those persons or entities who display nonconforming signs.
B.
Nonconforming
Date. For purposes of determining the amortization period for any
nonconforming sign which was legal when first erected or placed on
display, the "nonconforming date" is the earliest of: the effective
date of the ordinance codified in this chapter, or the date on which
any particular sign became non-conforming either under this chapter
or a prior version of this chapter or other provision of city law.
The adoption of the ordinance codified in this chapter shall not extend
or reset the amortization period for any sign which was nonconforming
under a prior version of this chapter, and which is also nonconforming
under this chapter.
C.
Amortization
and Abatement Period. Excepting signs described in Business and Professions
Code Sections 5412 et seq. and 5490 et seq., every sign in the city
which fails to conform to this chapter or a pre-decessor version of
this chapter, shall be altered or removed in accordance with the following
schedule.
1.
Within
One Year. Within one year of the nonconforming date the following
nonconforming signs shall be removed or altered to conform to this
chapter:
2.
Within Seven Years. Every nonconforming sign not subject to the one-year abatement rule stated in subsection (C)(1) of this section shall be removed or altered to conform to this chapter within seven years of the nonconforming date.
3.
Extension
of Amortization Period. The city council may extend the abatement
period for any sign subject to abatement pursuant to this section
if the council finds that the sign has exceptional historical, cultural,
or other special value to the community.
D.
Illegal
Signs. Any sign which has been installed in a manner which is inconsistent
with the non-communicative aspects of regulations in effect at the
time of its installation, shall be removed or altered to conform to
current law, within fifteen calendar days of notification by the community
development director or his designee, unless the physical condition
of the sign poses an immediate threat to the health and safety of
persons and property, in which case the community development director
or his or her designee may summarily abate the sign.
E.
Abandoned Signs. Any sign which is located on property which remains vacant for forty-five days or more, any sign which was created for an occupant, product or business unrelated to the present occupant or business, and any sign which pertains to a time, event or purpose in such a manner as to no longer serve its original purpose shall be declared an abandoned sign by the community development director and shall be removed within the time period set forth in subsection I of this section.
F.
Abandoned
Sign Structures. All sign structures and supports shall be removed
completely when the sign to which they have been attached is removed.
Any such sign structure or support which remains after the removal
of a sign shall be treated as an illegal sign.
G.
Inadequately Maintained Signs. Any sign which is inadequately maintained or allowed to remain in a state of disrepair for more than thirty days after the owner of the sign or the owner of the premises where-on such sign is displayed has been given written notification that such state of inadequate maintenance or disrepair must be corrected, shall be abated within the time period set forth in Section 18.12.130(I). For the purpose of this section, "inadequate maintenance" and "disrepair" mean:
1.
Lack
of maintenance including but not limited to: sign supports, poles,
and faces which require washing; copy which is wholly or partially
faded, obscured, or otherwise illegible; paint or other surface covering
which is peeling or badly oxidized; the presence of rust or corrosion.
2.
Damage
including but not limited to: holes or visible cracks in face materials
or supports, warping or other physical distortion of sign face, and
electrical defects including burned-out lights.
H.
Notice to Abate a Sign. When a sign is required to be abated pursuant to this chapter, the community development director shall notify the owner(s) of the property and business where such sign is displayed and, in the case of off-site signs, shall also notify the sign owner if record of ownership is on file with the city, that such sign must be abated and its continued display is unlawful and constitutes a public nuisance. The notice to abate shall be served in either of the ways indicated in the following subsections (H)(1) and (2). Alternative subsection (H)(3) shall be employed only when the name or address of the responsible property, business, or sign owner is not available:
1.
By
certified mail (return receipt) to:
a.
The property owner at the address shown on the last equalized assessment
roll or other such records of the assessor or tax collector as contain
more recent addresses,
b.
The business owner at the address shown on the most recent city business
license application,
c.
The sign owner, in the case of an off-site sign, at the address shown
on the most current record available to the city;
2.
By
hand delivery to the property owner and business owner, or to the
sign owner in the case of an off-site sign;
3.
By
posting at a conspicuous place on the land or abutting public right-of
way and insertion of an advertisement at least once a week for the
period of two weeks in a newspaper of general circulation in the city
of Lemon Grove. Such newspaper advertisement shall be general notice
that property in the city of Lemon Grove has been posted in accordance
with this chapter and shall contain a general statement of the effect
of such postings. The appeal periods shall run from the date upon
which the property was posted pursuant to this section.
I.
Timely
Compliance.
1.
Abatement Requirement. Except where this chapter specifies another period of time within which compliance must be achieved, or when a valid appeal has been filed within the time limits prescribed in Section 18.12.100; upon receipt of the notice to abate a sign, the responsible business owner, property owner, or sign owner shall, within thirty days, abate such sign.
2.
Extension
of Time To Abate. An additional extension of time, not to exceed thirty
days, may be granted by the community development director, if the
responsible business owner, property owner, or sign owner files a
written request for such extension prior to the expiration of the
initial thirty-day abatement period.
3.
Basis
of Time Extension. Any request for extension of time for compliance
with the notice to abate shall include the following:
a.
A statement of reasons why the sign cannot be abated within the thirty-day
period;
b.
Evidence of a good faith intention to comply with the notice to abate
prior to the end of the thirty-day extension of time such as a signed
contract with a sign company or salvage company indicating that the
nonconforming sign will be removed by a specific date.
J.
Method
of Abatement. Abatement of signs shall be accomplished in the following
manner:
1.
Painted
Signs. For signs painted on buildings, walls, fences, and other structures,
abatement shall be accomplished by removal of the paint which constitutes
the sign, or by painting over the sign with a color that matches the
color of the building or structures.
2.
All
Other Signs. For all other signs, abatement shall be accomplished
by complete removal of the sign and all dependent structures and supports;
or after issuance of a sign permit, modification, alteration, relocation,
or replacement in conformance with all provisions of the current sign
ordinance.
K.
Signs
as Public Nuisance. Any nonconforming sign, any abandoned or inadequately
maintained sign, or any illegal sign which has not been removed or
brought into conformance within the time limits stated in this chapter
is declared to be a public nuisance, subject to abatement in the same
manner as any other nuisance.
L.
Planning
Commission Hearing.
1.
Failure to Comply. If the responsible business owner, property owner or sign owner fails to comply with a notice to abate a sign within the prescribed time period, the community development director shall place the matter on the next regular planning commission agenda as a public hearing item. Notice for the hearing shall be given in the manner established for the hearing of appeals in Section 18.12.100.
2.
Planning
Commission Findings. At the conclusion of the public hearing, the
planning commission shall examine the evidence presented to determine
which of the following findings can be made:
a.
The sign ordinance requires the abatement of the subject sign at
this time.
b.
The notice to abate has been properly given in the manner required
by the sign ordinance.
c.
The responsible business owner, property owner, or sign owner has
been given the full amount of time for abatement as permitted by the
sign ordinance.
d.
The reasonable business owner, property owner, or sign owner has
submitted evidence of his or her good faith effort to comply with
the order to abate within the prescribed time period, but practical
difficulties beyond his or her control have prevented timely compliance.
Such difficulties may include:
M.
Planning
Commission Action.
1.
If
the planning commission is able to make all of the findings enumerated
in subsections (C)(2)(a) through (c) of this section, but not finding
in subsection (c)(2)(d), it may direct the community development director
to cause the abatement of the sign. If the planning commission can
also make finding in subsection (c)(2)(d), it may direct the community
development director to suspend actions to abate the sign for an additional
period of time not to exceed thirty days.
N.
Removal
of Sign and Account of Costs.
1.
At
the completion of the sign abatement work, on each separate property,
the community development director shall determine the total cost
of such work including administrative and incidental costs to the
city. A report of the work accomplished and the total cost in the
abatement of signs on each separate property shall be filed with the
city clerk.
2.
City Council Hearing on Report and Account. The city clerk shall set the community development director's report and account of costs for public hearing by the city council. Notice of public hearing shall be given in the manner established in Section 18.12.100.
a.
Evidence to Be Considered—Actions. In the hearing, the city
council shall consider the report and account of costs together with
any written or oral comments, objections or protests by any interested
parties. At the conclusion of the hearing, the city council shall
either approve the report and account of costs as submitted or as
modified or corrected by the city council.
b.
Assessment Resolution. The city council shall adopt a resolution
assessing such amount as liens upon the respective parcels of land
as shown on the last available assessment roll. The property owner
shall be notified of the city council's action within fifteen days.
2 .
Recording of City Council Resolution. The city clerk shall prepare
and file with the county auditor of the county of San Diego, a certified
copy of the resolution of the city council.
3.
Payment.
The city treasurer may accept payment of any amount due for sign abatement
at any time prior to the city council hearing as called for in this
section.
4.
Assessment.
The provisions of Section 39580 to 39585, inclusive, of the Government
Code are incorporated by reference and made a part of this chapter.
The county auditor shall enter the assessment in the county tax roll.
The amount of the assessment shall be collected at the time and in
the manner of ordinary municipal taxes; and if delinquent, the amount
is subject to the same penalties and procedures of foreclosure and
sale as is provided for ordinary municipal taxes.
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TABLE 1: Area of Freestanding Signs in CC, LC and R/P
Districts
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TABLE 2: Height of Freestanding Signs in CC, LC and R/P
Districts
 |
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TABLE 3: Area of Freestanding Signs in GC, HC and LI Districts
 |
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TABLE 4: Height of Freestanding Signs in GC, HC and LI
Districts
 |
