Chapter 16.56
SIGN REGULATIONS

Sections:

16.56.010    Intent.

16.56.020    Administration.

16.56.030    Definitions.

16.56.040    Sign standards.

16.56.050    Temporary signs.

16.56.060    Monument and pedestal signs (freestanding monument business identification signs).

16.56.070    Building-mounted business identification signs.

16.56.080    Window signs and displays.

16.56.090    Flags (mounted on permanent flagpoles).

16.56.100    Neighborhood identification signs (residential zoning districts).

16.56.110    Directory signs (all districts).

16.56.120    Public safety signs (all districts).

16.56.130    Directional signs (all districts).

16.56.140    Village Commercial District signs (Historic District).

16.56.150    Freeway-oriented community business signs.

16.56.160    Electronic changeable-copy signs.

16.56.170    Kiosks, on-site subdivision and on-site commercial real estate signs.

16.56.180    Comprehensive sign program.

16.56.182    Nonconforming pole-mounted signs.

16.56.184    Violations.

16.56.186    General penalty.

16.56.190    Off-site advertising displays.

16.56.010 Intent.

A. Signs are an essential element of any community. They contribute significantly to its visual quality, thus influencing perceptions of that community. In communities where there has been an uncontrolled proliferation of signs, the result has often been clutter, confusion and visual blight to the detriment of that community’s image and of its economic development. However, under proper regulation, signs may be designed and displayed so as to both effectively convey their intended message and to help create a community which is well organized and visually appealing.

B. It is the intent of this chapter to regulate proposed and existing signs in the city in order to protect Highland’s physical and economic environment, to implement the policies of the general plan, and to promote the public health, safety and general welfare.

1. General Objectives. The provisions of this chapter are intended to:

a. Ensure that signs serve primarily to identify the establishment on the site and to direct persons to various activities and enterprises, in order to provide for the maximum public convenience;

b. Ensure that signs are compatible and harmonious with their surroundings and adjacent land uses;

c. Ensure that signs are expressive of the identity of the individual properties and of the community as a whole;

d. Avoid traffic hazards by minimizing visual competition among signs, maintaining clear public rights-of-way, and providing clear identification of businesses;

e. Encourage signs which are well designed and attractive in appearance and provide incentives and latitude for variety, innovation, pleasing design relationships and spacing;

f. Provide a reasonable system of controls for signs to ensure the development of a high quality visual environment. (Ord. 358 § 3, 2011)

16.56.020 Administration.

A. Compliance Required.

1. No person, business, organization or entity of any kind whatsoever shall place, erect or maintain or cause or allow to be placed, erected or maintained any sign or sign structure contrary to or in violation of any of the provisions of this chapter.

2. Any sign or sign structure which is placed, erected or displayed in violation of this code, or is being poorly maintained or not repaired in violation of this code, shall be taken down or removed or, if feasible, altered, maintained or repaired so as to be in compliance with this code. It shall be the responsibility of the owner, agent, or person having the beneficial use of the building or structure or land upon which such sign or sign structure may be found to take down, remove or alter the sign or sign structure so as to comply with this chapter.

B. Sign Permits and Review.

1. Permits Required. No sign or sign structure shall be placed, erected or maintained within the city without the prior issuance of a sign permit, or other permit required by this chapter, unless such sign is specifically exempted by this title or city ordinance. Building and electrical permits shall be obtained as required. Any sign or sign structure placed, erected or maintained without all required permits and not exempted by this title or city ordinance shall be illegal and declared a public nuisance.

2. Permit Applications. Applications for sign permits or for approval of comprehensive sign programs shall be made on forms provided by the community development director, and shall be accompanied by plans and exhibits as required by the community development director. Within 30 days of the city’s receipt of a sign application, the community development director shall inform the applicant as to the completeness of the submittal and of additional materials required, if any. No sign application shall be forwarded to the appropriate reviewing authority for approval, or approval subject to modifications, until the applicant has submitted a complete application, as determined by the community development director.

3. Review and Decision. The reviewing authority as provided in this chapter shall determine whether the proposed sign or planned sign program conforms to the provisions of this chapter and shall accordingly approve, approve subject to modifications and/or conditions, or deny the sign application.

C. Noncommercial Signs. In each instance and under the same conditions to which this chapter permits any sign, in lieu of that sign a noncommercial sign constructed to the same physical dimensions and character shall be permitted.

D. Written Authorization. Written authorization shall be required from the owner of the premises prior to placing, erecting or maintaining a sign or sign structure on any property with the exception of temporary political signs, which require the applicant to self-certify they have obtained a property owner’s permission to use their property.

E. Review Responsibilities.

1. Community Development Director. The following signs shall be reviewed by the community development director:

a. All signs conforming to a comprehensive sign program previously approved by the planning commission.

b. Freestanding directional signs (e.g., parking lot entry signs) under four square feet in area and four feet in height.

c. Temporary signs.

d. Under-canopy or other pedestrian oriented signs.

e. Window signs and displays.

f. Kiosks, on-site subdivision and on-site commercial real estate.

2. Planning Commission. The following signs shall be reviewed by the planning commission:

a. Comprehensive sign programs.

b. Freeway-oriented community business signs.

c. Electronic changeable-copy signs.

d. Business identification signs, including freestanding monument and pedestal signs and building-mounted signs.

e. Signs within the Village Commercial District.

f. Flags larger in size and height than specified herein.

3. Street Banners. Street banners shall be consistent with a city’s approved street banner program.

4. Off-site advertising displays shall be reviewed and approved in accordance with HMC 16.56.190, Off-site advertising displays.

F. Interpretations. In all sign applications, where a matter of interpretation or conflict between more than one element of this chapter arises, the more specific definition or interpretation or the more rigorous standard shall prevail. Whenever the community development director determines that the application of any provision for this chapter is uncertain, the issue shall be referred to the planning commission for determination.

G. Appeals. Appeals of the issuance, denial, renewal, nonrenewal or revocation of any sign permit, and the appeal of any determination made pursuant to this chapter, shall be made in writing pursuant to the provisions of HMC 16.08.210.

1. The planning commission shall consider appeals of all staff decisions regarding on-site signage and temporary signs upon receipt of the appeal with accompanying staff report from the community development director.

2. The city council shall consider appeals of all planning commission decisions regarding on-site signage and temporary signs upon receipt of the appeal and accompanying staff report from the community development director.

3. Appeals of decisions regarding off-site advertising displays shall be heard by the city council within 40 business days following receipt of the written appeal.

4. All decisions on appeals of the issuance, denial, renewal, nonrenewal or revocation of any permit which involves the applicant or permittee’s asserted First Amendment rights shall be finally determined by the reviewing body within 40 business days following receipt by the city clerk of the written appeal, and shall become final five business days after mailing of the notice of determination. Following any final decision regarding the issuance, denial, renewal, nonrenewal or revocation of a permit authorized by this chapter, the applicant may seek prompt judicial review of such decision in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq., and pursuant to the expedited judicial review set forth in California Code of Civil Procedure Section 1094.8.

H. Signs and Displays Previously Approved. Signs and displays which were lawfully placed or erected prior to the effective date of the ordinance codified in this chapter, and which do not conform to this chapter, shall be existing, legal nonconforming signs. All such signs may be continued, maintained, and repaired so long as the sign is not expanded, abandoned or structurally altered. A permit may be issued for any such sign destroyed by earthquake, fire or other misadventure if such destruction/damage does not exceed 50 percent of the overall sign and sign structure value as determined by the building official, so long as written application for a permit to reconstruct the sign is filed with the city within 90 calendar days of its destruction/damage.

I. Illegal Signs. The following signs and sign structures shall be illegal:

1. Unsafe Signs or Sign Structures. An unsafe sign or sign structure shall be a sign or a sign structure determined by the building official to be a danger to the public health, safety or welfare or which could create a potential hazard.

2. Abandoned Signs and Sign Structures. An abandoned sign or sign structure shall be a sign or sign structure remaining in place or not maintained for a period of 180 days which no longer advertises or identifies an ongoing business product or service available on or off the premises where the sign or sign structure is located.

3. Illegally Erected Signs and Sign Structures. A sign or sign structure shall be illegally erected if it violates any provision of this chapter including, but not limited to, a sign or sign structure which does not have required permits, or a sign or sign structure which has been erected without first complying with all ordinances and regulations in effect at its time of construction and erection or use. No sign or sign structure that was unlawfully placed or erected at any time shall by virtue of the adoption of the ordinance codified in this chapter become conforming or legal.

4. In addition to any criminal violation imposed by this code, all illegal signs and sign structures are hereby declared to be public nuisances.

J. Prohibited Signs and Sign Structures. The following types of signs are prohibited within the city of Highland:

1. Signs or sign structures having any animated, moving or rotating parts, including signs that have alternating messages that change more than once an hour, unless expressly permitted in this chapter. Notwithstanding the above, time and temperature displays may be permitted in nonresidential zoning districts.

2. Flashing or otherwise light-animated signs which contain or are illuminated by lights which are intermittently on and off, change in intensity, or which create the illusion of flashing in any manner.

3. Signs which make audible recorded or programmed sounds.

4. Signs or sign structures which by color, wording, design, location or illustration, resemble, obscure, imitate or otherwise limit the effectiveness of traffic control signs or devices.

5. Signs or sign structures which create a potential safety hazard by obscuring a clear view of pedestrian or vehicular traffic, or which block or impede vehicular or pedestrian traffic in the public right-of-way.

6. Balloons and/or other inflatable devices, tethered or not, used to draw attention to a use or event.

7. Flags, pennants, streamers, spinners, festoons, windsocks, valances, or similar displays, temporary or permanent, unless expressly permitted in this chapter.

8. Moveable or portable signs or sign structures, including signs attached to or painted on trailers or semi-truck trailers parked for the purpose of gaining unauthorized sign area.

9. Signs or sign structures placed within, on, or over public right-of-way, on public land, or on utility poles or fences, unless expressly permitted in this chapter.

10. Signs or sign structures drawn or painted onto or otherwise affixed to trees, rocks or fences.

11. Building-mounted signs or sign structures placed on or above the eave line of a pitched or mansard roof, or above the top of wall of a building with a flat or parapet roof, unless expressly permitted in this chapter.

12. Luminous tube (neon or similar technologies) lighting outlining a building or structure.

13. Translucent, backlit plastic awnings.

14. Pole-mounted signs.

15. Off-site advertising signs and displays; except as provided for freeway-oriented community business signs and kiosks as defined in Chapter 16.06 HMC.

16. Cabinet signs or canned signs. An exception hereto may be granted by the planning commission when the display is an integral part of the design character of the activity to which it relates and part of an approved comprehensive sign program.

17. Any sign or sign structure not specifically permitted in this chapter, unless determined by the planning commission to be a permitted sign or sign structure.

K. Removal of Abandoned Nonconforming or Illegal Signs.

1. Any temporary sign not removed at the conclusion of the approved period of such sign may be removed by the city and returned to the owner or lawfully disposed of in compliance with applicable law.

2. Any abandoned nonconforming or otherwise illegal sign may be removed by the city not earlier than 15 days after expiration of the city’s notification to the owner to remove such sign and returned to the owner or lawfully disposed of.

3. All cost incurred by the city in the removal of any abandoned or illegal sign as a public nuisance may be assessed to the property owner or individual responsible for the placement of such sign pursuant to the applicable notice and hearing procedures of the Highland Municipal Code.

L. Enforcement. It shall be the duty and authority of the community development director or his designee to enforce the provisions of this chapter. (Ord. 358 § 3, 2011)

16.56.030 Definitions.

Refer to Chapter 16.06 HMC, Definitions, for definitions of sign regulations. (Ord. 358 § 3, 2011)

16.56.040 Sign standards.

The following design criteria shall be used by the reviewing authority in order to determine if a proposed sign is consistent with the intent of this chapter and with the policies of the general plan:

A. Identification. Major identification signs shall serve primarily to identify the name or type of business or other land use.

B. Architectural Context. Sign design shall harmonize with the architectural design and details of the building it serves, with other signs on the building, with the building’s surroundings, and with the business or other activity that the sign identifies. Further, signs shall not cover or obstruct significant architectural elements.

C. Design Elements. The following design elements shall be addressed:

1. Materials. Creativity in use of materials is encouraged. Durable materials which are compatible in appearance with the building supporting or identified by the sign shall be used.

2. Colors. Sign colors should harmonize with the building it serves, adjacent landscaping and buildings, and signs of adjacent businesses.

3. Size. Size and height shall be appropriate to the distance from which the sign is normally viewed from the nearest public right-of-way. It shall be in scale and balance with the building it serves and with nearby buildings and streetscapes.

4. Letter Style. Simple lettering styles should be used for ease of identification. Legibility shall take priority over complexity in the design of the sign face.

5. Illumination. Illuminated signs shall be lighted to the minimum level required to ensure adequate nighttime readability. Specific illumination levels shall be in accordance with HMC 16.40.160 and 16.48.080.

6. Landscaping. Freestanding signs shall be located in a landscaped area, flanking all sides of the sign, which is of a shape, design and size equal to at least the area of the sign face and that is in scale with the overall proportions of the sign and its support structures. The landscape material around the base of the sign shall not obscure the lettering on the sign.

7. Signs should not detract from the visibility of other signs on or adjacent to the site where the sign is placed.

D. Sign Area Measurement. For the purposes of this chapter, “sign size” shall mean the sign area. Such area shall be more specifically defined as follows:

1. Sign Copy Area. “Sign copy area” shall be defined as the entire area of the sign face, including nonstructural perimeter trim and excluding architectural detailing, support structures and uprights on which the sign is supported as illustrated in Figure 16.56.040.A.

Figure 16.56.040.A – Sign Copy Area

2. Window Signs. “Window area” shall be computed by calculating each window pane or panel. The area shall be separate for each building face and for each window. A group of window panes or panels may be considered one window if they are adjoining on the building face and are less than six inches apart.

3. Building-Mounted and Wall Signs with Individual Letters. The area of building-mounted or wall signs composed of individual letters affixed to a building or wall shall be considered to be the total aggregate area within a maximum of three rectangular figures which enclose and connect the extreme limits of up to three message areas consisting of any writing, representation, emblem or any figure or similar character as illustrated in Figure 16.56.040.B.

Figure 16.56.040.B – Area of Building-Mounted Signs

4. Wall Sign Panel. If a sign panel is inserted into a wall, the area of the panel shall be considered to be the sign area.

5. Double-Faced Signs. If a sign has sign faces which are placed back-to-back, no more than two feet from one another, its sign area shall be considered to be the area of the larger face if the two faces are of unequal area. If, for example, the maximum permitted sign area is 20 square feet, a double-faced sign may have an area of up to 20 square feet on each face. If the sign faces are not placed back-to-back within two feet of one another, the sum of all sign faces shall be included in determining the area of the sign.

6. Three-Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face as illustrated in Figure 16.56.040.C. Thus, if a sign has four faces and the maximum permitted sign area is 20 square feet, the maximum allowable area for each face is five square feet.

Figure 16.56.040.C – Three-Dimensional Signs

7. V-Shaped Signs. If a sign is V-shaped, with an angle joined between the two adjoining faces, its sign area shall be the sum of the areas of the two sign faces.

8. Separated-Panel Signs. The sign area of separated panel signs, i.e., those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels.

9. Signs Painted on Buildings. Any sign painted on a building shall be included in the calculation of the total sign area for the site upon which it is placed.

E. Sign Height Measurement.

1. Building-Mounted Signs. The height of a building-mounted sign shall be measured from the average finish grade directly beneath the sign.

2. Freestanding Signs (Monument and Pedestal Signs). Sign height for freestanding signs shall mean the greatest vertical distance between top of the sign, including any accompanying architectural features of the sign, and the average elevation as measured at the top of curb of the nearest street as illustrated in Figure 16.56.040.D. However, if the sign is constructed upon an artificial berm or slope, the height of the sign, as measured from the toe of the slope or berm, as illustrated in Figure 16.56.040.E, shall not exceed the maximum sign height permitted for that district or type of complex. Freestanding signs constructed on a natural berm or slope shall be measured from the average elevation at the base of the sign. The height of a freestanding sign may be modified through a comprehensive sign program for the site approved by the planning commission.

Figure 16.56.040.D – Freestanding Signs

Figure 16.56.040.E – Freestanding Signs on a Berm or Slope

3. Signs on Walls. Sign height for signs on walls (freestanding walls not a part of a building wall) shall mean the distance between the top of the sign panel inserted or placed on the wall and the adjacent grade as illustrated in Figure 16.56.040.F.

Figure 16.56.040.F – Signs on Walls

F. Sign Location.

1. By District. Signs shall be located in accordance with the provisions for each land use district, type of development, or type of sign.

2. No Off-Site Signs. All signs shall be located on the same premises as the land use or activity identified by the sign, unless expressly permitted to be off site in this chapter.

3. Utility Lines. No sign shall be located closer to overhead utility lines than the distance prescribed by California law, or by the rules duly promulgated by agencies of the state, or by the applicable public utility.

4. Traffic Safety. No sign shall be located in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic.

5. Public Right-of-Way. No sign shall be located within, over, or across a public right-of-way, unless expressly permitted in this code or applicable state law.

G. Sign Illumination.

1. Illumination Levels. The sign permittee shall be required to adjust a sign’s illumination level if it is determined by the director to be excessive as the result of the city’s evaluation. Illumination shall be considered excessive if it is substantially greater than the illumination of other nearby signs, if it interferes with the visibility of other signs or with the perception of objects or buildings in the vicinity of the sign, if it directs glare toward streets or motorists, or if it adversely impacts nearby residences or neighborhoods. Illumination levels shall be indicated on the sign plan.

2. Externally Illuminated Signs. The light source for externally illuminated signs shall be arranged and shielded to substantially confine all direct light rays to the sign face and away from streets and adjacent properties. Externally illuminated signs shall be subject to illumination level review.

H. Sign Maintenance.

1. Every sign and sign structure within the city shall be maintained in good, safe structural and physical condition. All signs, together with supports, braces, guys, anchors, and electrical components, shall be kept in safe, presentable and good structural condition.

2. All defective or broken parts shall be replaced. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required.

3. The building official may order the repair or removal of any sign determined by the building official to be unsafe, defective, damaged, or substantially deteriorated. (Ord. 358 § 3, 2011)

16.56.050 Temporary signs.

A. Temporary Sign Permit Required.

1. Unless noted otherwise, a temporary sign permit (TSP) and/or a garage sale permit shall be required prior to the placement of all temporary signs which contain advertising copy and are over six square feet in area. The TSP applicant shall obtain the permit from the city of Highland community development department. A valid temporary sign permit shall be displayed on the premises where the temporary sign is located and shall be produced upon request.

2. Temporary signs shall comply with the requirements as set forth in Tables 16.56.050.A through 16.56.050.E.

B. Temporary Signs or Banners. No permit is required for a temporary sign or banner which is less than six square feet in area and displayed for seven days or less.

1. Regardless of size or length of time on display, temporary signs or banners shall not be affixed to trees, rocks or fences.

2. Temporary signs or banners shall not be erected on a parkway or median or within the public right-of-way, except for street banners which are consistent with the city’s approved street banner program.

 

Table 16.56.050.A

Temporary Signs and Banners

Permit Type

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

Temporary sign permit required.

One temporary sign or banner is allowed per business suite or space per street frontage.

The total aggregate area of a temporary sign or banner shall not exceed 10% of the area of the storefront to which such temporary sign or banner is attached, or 100 square feet, whichever is less.

Temporary signs or banners shall only be attached to an exterior wall of the building.

 

Temporary signs or banners shall not be hung from awnings or other structures extending from a building.

A business is permitted to display a temporary sign or banner for 3 separate 30-day periods for a total of 90 days during a one-year period of time.

 

The one-year period of time starts from the date a temporary sign permit is issued to a business.

C. Temporary Posters.

 

Table 16.56.050.B

Temporary Posters

Permit Type

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

Temporary posters pertaining to future limited-term events which will be held within 30 days of the placement of such poster may be permitted without a temporary sign permit.

One temporary poster allowed per business suite or space per street frontage.

12 square feet or if mounted in a window 25% of aggregate area of the window.

A business’s temporary posters shall only be attached to an exterior wall of the first floor of a building or a first floor window.

 

Temporary posters shall not be hung from awnings or other structures extending from a building.

Temporary posters include those signs mounted or affixed to the window or interior wall-mounted signs within 3 feet from any window and legible from off the building site.

 

Temporary posters shall have a professional appearance.

D. Temporary Political Signs. A temporary political sign is defined as any noncommercial sign that indicates any one or a combination of the following:

1. The name and/or picture of an individual seeking election or appointment to a public office; or

2. Reference to a clearly identified ballot measure; and

3. Any relation to a forthcoming public election.

 

Table 16.56.050.C

Temporary Political Signs

Permit Type

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

Temporary sign permit required for any political sign that exceeds 6 square feet in area.

One temporary political sign permitted per candidate per parcel.

32 square feet in area.

See Additional Information in the next column.

No temporary political signs shall be posted more than 45 days before the election. All temporary political signs shall be removed within 10 days after the election.

 

Temporary political signs larger than 6 square feet in area are not permitted in residential zoning districts.

 

For the purposes of this chapter, temporary political signs shall comply with the height and location requirements of the zone in which they are located.

 

The applicant shall self-certify that they have the approval of the property owner of the premises prior to placing, erecting or maintaining a temporary political sign on any property.

E. Temporary On-Site Construction Announcement Signs in all Districts.

 

Table 16.56.050.D

Temporary On-Site Construction Announcement Signs

Permit Type

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

Temporary sign permit required.

3 signs per parcel.

16 square feet in area.

6 feet.

On-site construction signs may be posted after issuance of first building permit, and for each phase of construction thereafter.

 

On-site construction announcement signs shall be removed upon issuance of the first occupancy certificate for the project referred to on the sign, and for each phase of construction thereafter.

F. Temporary Signs in Residential Districts.

 

Table 16.56.050.E

Temporary Signs in Residential Districts

Permit Type

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

Temporary Garage/Yard Sale – Directional Signs

Garage/yard sale permit required.

3 double-faced signs per parcel.

6 square feet in area.

5 feet or 4 feet if placed in front yard or side street setback area.

Temporary garage/yard sale signs may be posted 24 hours before a garage/yard sale but must be removed immediately following the sale and can only be posted on the parcel where the garage/ yard sale is being held.

 

Such signs shall not be placed on public property or within a public right-of-way.

Temporary Signs

No permit required.

One double-faced sign shall be permitted per street frontage of a lot.

6 square feet in area.

5 feet.

Temporary real estate signs shall be permitted to remain while the property is for sale or in escrow but shall be removed when the property referred to is no longer for sale, rent, or lease.

 

See Notes below.

Temporary Model Home Signs

Temporary sign permit required.

As approved by the community development director.

20 square feet in area.

As approved by the community development director.

Temporary model home signs shall be installed on-premises.

 

Model home signs can be building-mounted or freestanding.

 

Model home signs shall only be posted while the property is for sale, rent, or lease.

Temporary Model Home Flags

Temporary sign permit required.

5 flags per model home complex, limited to one model complex per subdivision or one model complex per new for-rent or lease projects.

As approved by the community development director.

As approved by the community development director.

Model home flags shall be installed on-premises adjacent to the model home complex.

 

Model home flags shall be installed a minimum of 20 feet apart.

 

Model home flags shall only be posted while the property is for sale, rent or lease.

Notes:

1.    Riders which provide additional information may be attached to the primary sign or sign post as long as the total sign area does not exceed the maximum area allowed.

 

2.    Freestanding, on-premises “Open House” signs with a maximum area of three square feet and a maximum height of three feet shall be permitted between the hours of 9:00 a.m. and 7:00 p.m. daily.

 

3.    Freestanding, off-premises, directional “Open House” signs with a maximum area of three square feet and a maximum height of three feet shall be permitted between the hours of 9:00 a.m. and 7:00 p.m. daily. Prior to placing sign on any property, authorization is required from the owner of the property where the sign is to be located.

(Ord. 363 § 2, 2011; Ord. 358 § 3, 2011)

16.56.060 Monument and pedestal signs (freestanding monument business identification signs).

A. The planning commission shall review and may issue sign permits for monument and pedestal signs with the following maximum dimensions in all commercial, business park, office professional and industrial zones for commercial, office, institutional and industrial complexes and individual commercial, office, institutional and industrial uses as set forth in Table 16.56.060.A.

 

Table 16.56.060.A

Monument and Pedestal Signs (Freestanding Business Identification Signs)

Property Frontage

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

Less than 100 feet.

See Notes below.

Sign face copy area: 24 square feet.

Overall height of monument: 5.5 feet.

 

4 feet in height from finished grade under the sign to top of sign face.

See Notes below.

100 – 299 feet.

See Notes below.

Sign face copy area: 54 square feet.

Overall height of monument sign: 8 feet.

 

7 feet in height from finished grade under the sign to top of sign face.

See Notes below.

300 or more feet.

See Notes below.

Sign face copy area: 66 square feet.

Overall height of monument sign: 11 feet.

 

10 feet in height from finished grade under the sign to top of sign face.

See Notes below.

Notes:

1.    One monument or pedestal sign, as illustrated in Figure 16.56.060.A, is permitted per street frontage identifying the following:

    a.    The name of the park or complex; and/or the name of the businesses in the park or complex; and/or

    b.    The names of individual businesses on the site.

2.    Tenant panels shall be a minimum of six square feet per panel.

3.    Only the linear frontage on the street that the sign faces may be considered in establishing the maximum permitted size of each allowed sign. Combining frontages on corner lots may be permitted by the planning commission through their review of a comprehensive sign program.

4.    Monument or pedestal signs shall be located within the site’s front setback and not permitted to extend into public right-of-way unless approved by the planning commission through a comprehensive sign program and appropriate easements are obtained from the city.

5.    Monument or pedestal signs shall be located within a landscaped planter, the minimum area of which is equal to the combined area of the sign faces located in the planter or as otherwise approved by the planning commission.

6.    Subject to the submittal of a comprehensive sign program, the planning commission may approve alternative sign areas and heights depending upon a project’s architecture, size, scale, massing, aesthetics and other proposed signs.

Figure 16.56.060.A – Monument and Pedestal Signs

B. Combining of Separate Adjoining Properties for Greater Sign Area. Two or more owners of separate, contiguous parcels of real property may elect to combine the street or highway frontage of their respective contiguous properties. If such properties are so combined, only one monument sign or pedestal sign may be constructed or erected per street frontage in accordance with the provisions of this chapter, as illustrated in Figure 16.56.060.B, and an agreement, as approved by the city through a comprehensive sign program, shall be recorded with the San Bernardino County recorders, agreeing to hold the properties together for the purposes of signage.

1. Businesses with an existing nonconforming pole sign(s) that work with adjoining property owners to combine properties for the purposes of removing and replacing the pole sign(s) with a new monument or pedestal sign(s) that is in compliance with current sign code requirements may reduce the area of required landscaping by 50 percent; provided, that the base of the sign is protected from vehicle traffic. The city will also reduce the cost of processing a comprehensive sign program by 50 percent.

Figure 16.56.060.B – Sample Monument Sign by Combining Adjoining Properties

(Ord. 358 § 3, 2011)

16.56.070 Building-mounted business identification signs.

A. The planning commission shall review and may issue sign permits for a building-mounted business identification sign with the following maximum dimensions and standards in all commercial, business park, office professional and industrial zones for commercial, office, institutional and industrial complexes and individual commercial, office, institutional and industrial uses as set forth in Table 16.56.070.A.

 

Table 16.56.070.A
Building-Mounted Business Identification Signs 

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

1 per business per street frontage up to 3 street frontages.

The total aggregate area of wall sign(s), including the area of awning signs or similar signs affixed to the building elevation, shall not exceed 10% of the store front to which such sign(s) is attached, or 100 square feet, whichever is less.

Signs shall not be mounted above the roof line.

Sign length shall be no more than 75% of the business frontage.

 

See example in Figure 16.56.070.A.

 

See Notes below.

Building-Mounted Secondary Identification Signs

1 per parking lot frontage.

The total aggregate area of wall sign(s), including the area of awning signs or similar signs affixed to the building elevation, shall not exceed 2.5% of the area of the face of the building to which such sign(s) is attached, or 25 square feet, whichever is less.

Signs shall not be mounted above the roof line of the building.

No building-mounted secondary identification sign shall be located on the same frontage as a building-mounted major identification sign.

 

See Notes below.

Building-Mounted Identification Sign for Structures with Two or More Floors

1 per street frontage.

The total aggregate area of wall sign(s), including the area of awning signs or similar signs affixed to the building elevation, shall not exceed 10% of the area of the face of the building to which such sign(s) is attached, or 100 square feet, whichever is less.

Signs shall not be mounted above the roof line of the building but shall be placed as near the top floor of the building as possible.

Shall only be the name of the building or the major tenant within the building.

 

Buildings of 2 – 3 stories may have 24-inch-high letters or as otherwise approved by the planning commission.

 

Buildings of 4 – 5 stories may have 36-inch-high letters or as otherwise approved by the planning commission.

 

Buildings of 6 or more stories may have 48-inch-high letters or as otherwise approved by the planning commission.

 

Tenant identification shall be incorporated into a directory sign or monument sign as approved through a comprehensive sign program.

 

See Notes below.

Notes:

1.    Building-mounted signs shall be fabricated from individual channel letters or similar construction as approved by the planning commission.

Figure 16.56.070.A – Building-Mounted Business Identification Sign

B. Under-Canopy Pedestrian-Oriented Signs. The community development director shall review and may approve under-canopy or other pedestrian-oriented signs for each business without a sign permit as set forth in Table 16.56.070.B.

 

Table 16.56.070.B
Under-Canopy Pedestrian-Oriented Signs

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

1 per business or 2 signs if said signs are located on the two ends of an awning, or if the building has two building frontages facing a street where pedestrians are located.

3 square feet in area.

Under-canopy or other pedestrian-oriented location.

Minimum height for placement of sign shall be 8 feet above a walkway.

 

Signs may be permitted over public right-of-way subject to an encroachment permit.

 

See example in Figure 16.56.070.B.

Figure 16.56.070.B – Pedestrian-Oriented Signs

(Ord. 358 § 3, 2011)

16.56.080 Window signs and displays.

Window signage may consist of a combination of business identification and/or accessory window signs; provided, that the total area of the signs does not exceed 25 percent of the area of the window in which the sign is placed.

A. Window Identification Signs. The community development director shall review and may issue a sign permit for business identification window signs with the following maximum dimensions and standards in all commercial, business park, office professional and industrial zones for commercial, office, institutional and industrial complexes and individual commercial, office, institutional and industrial uses subject to the standards set forth in Table 16.56.080.A.

 

Table 16.56.080.A
Window Identification Signs

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

1 window sign per building frontage, provided there is no other business identification sign on the same frontage.

All window signs, including noncommercial signs, shall not exceed 25% aggregate of the areas of the window in which they are placed.

NA

Window signs may have neon or other internal illumination.

 

The area of window designs shall be calculated as the aggregated area within 3 rectangular figures which enclose and connect the extreme limits of up to 3 message areas consisting of any writing, representation, emblem or any figure or similar character as illustrated in Figure 16.56.080.A.

B. Accessory Window Signs. The community development director shall review and may approve accessory window signs for each business without a sign permit subject to the standards set forth in Table 16.56.080.B.

 

Table 16.56.080.B
Accessory Window Signs

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

There is no limit on the number of accessory window signs, except there shall be a maximum of 3 neon signs per business.

All window signs, including noncommercial signs, shall not exceed 25% aggregate of the areas of the window in which they are placed with total area of neon signs not exceeding 6 square feet per business.

NA

Accessory window signs are typically address numbers, days and hours of operation, and similar types of accessory signage.

 

Accessory window signs may have external illumination.

 

The area of window designs shall be calculated as the aggregated area within 3 rectangular figures which enclose and connect the extreme limits of up to 3 message areas consisting of any writing, representation, emblem or any figure or similar character.

 

Accessory window signs include those signs mounted or affixed to the window or interior wall-mounted signs within 3 feet from any window.

Figure 16.56.080.A – Window Identification Signs

(Ord. 358 § 3, 2011)

16.56.090 Flags (mounted on permanent flagpoles).

All flags which are mounted on permanently erected flagpoles are subject to the following provisions:

A. Flags at a Maximum of 15 Square Feet or Less in Area. No permit shall be required for flags that are a maximum of 15 square feet or less in area subject to the standards set forth in Table 16.56.090.A.

 

Table 16.56.090.A
Flags a Maximum of 15 Square Feet or Less in Area

Maximum Number

Maximum Area

Maximum Height

Additional Information

Maximum 2 flags and 1 flagpole per premises.

15 square feet or less in area.

Freestanding flagpoles shall not exceed the height of the zoning district they are located in or 25 feet, whichever is less.

 

Building-mounted flagpoles shall not extend above the top of the building’s roof.

Flags may be attached to either freestanding or building-mounted flagpoles or other supports.

 

All flagpoles over 20 feet in height shall require a building permit.

 

Flags that contain logos or advertising copy shall be included in the maximum sign area permitted for the property.

 

Freestanding flagpoles shall not be placed within 10 feet of any property line.

 

See Notes below.

Notes:

1.    Flags larger in size or flags on taller freestanding poles or more than one flagpole per premises as specified in Table 16.56.090.A shall be reviewed and may be approved by the planning commission, if the commission determines that the flags and flagpole(s) will be compatible with the architecture and use of surrounding structures.

B. The planning commission shall review and may issue sign permits for flags that are larger than 15 square feet in area subject to the standards set forth in Table 16.56.090.B.

 

Table 16.56.090.B
Flags Larger Than 15 Square Feet in Area

Maximum Number

Maximum Area

Maximum Height

Additional Information

Maximum 2 flags and 1 flagpole per premises.

32 square feet in area.

Freestanding flagpoles shall not exceed the height of the zoning district they are located in or 25 feet in height, whichever is less.

 

Building-mounted flagpoles shall not extend above the top of the building’s roof.

Flags may be attached to either freestanding or building-mounted flagpoles or other supports.

 

All flagpoles over 20 feet in height shall require a building permit.

 

Flags that contain logos or advertising copy shall be included in the maximum sign area permitted for the property.

 

Freestanding flagpoles shall not be placed within 10 feet of any property line.

 

See Notes below.

Notes:

1.    Flags larger in size or flags on taller freestanding poles or more than one flagpole per premises as specified in Table 16.56.090.B shall be reviewed and may be approved by the planning commission, if the commission determines that the flags and flagpole(s) will be compatible with the architecture and use of surrounding structures.

(Ord. 358 § 3, 2011)

16.56.100 Neighborhood identification signs (residential zoning districts).

The planning commission shall review and may approve sign permits for neighborhood identification signs in residential zoning districts for each street frontage for any residential development, neighborhood or residential subdivision of four or more dwellings units as set forth in Table 16.56.100.A.

 

Table 16.56.100.A
Neighborhood Identification Signs 

Maximum Number

Maximum Area

Maximum Height

Additional Information

Neighborhood Identification Signs – Monument Signs

1 neighborhood identification sign per each primary street frontage.

24 square feet in area.

Sign copy area shall not be more than 4 feet in height.

 

Overall height of monument shall not exceed 5.5 feet.

A project shall consist of 4 or more dwelling units in order to have a neighborhood identification sign and shall be approved by the planning commission.

 

See example in Figure 16.56.100.A.

Neighborhood Identification Signs – Building-Mounted Signs

1 building-mounted neighborhood identification sign per on-site office or club house facility.

1 square foot of sign area per each lineal foot of building frontage up to a maximum 30 square feet for building-mounted signs.

Signs shall not be mounted above the first floor or roof line of the building, whichever is less.

A project shall consist of 4 or more dwelling units to have a building-mounted sign and shall be approved by the planning commission.

 

Not to exceed 75% of building’s frontage.

Figure 16.56.100.A – Neighborhood Identification – Monument Sign

(Ord. 358 § 3, 2011)

16.56.110 Directory signs (all districts).

The community development director shall review directory signs for residential or business complexes or mobilehome parks identifying occupants within the complex through the sign permit process in all land use districts as set forth in Table 16.56.110.A and as illustrated in Figure 16.56.110.A.

 

Table 16.56.110.A

Directory Signs 

Maximum Number

Maximum Area

Maximum Height

Additional Information

Directory Signs – Freestanding on Premises

NA

6 square feet in area per sign.

Signs shall be a maximum of 5 feet in height and shall be pedestrian-oriented.

Any map or floor plan portion of such directory signs shall not be included within the 6 square feet area allowance.

Directory Signs – Building-Mounted on Premises

NA

6 square feet in area per sign.

Signs shall be pedestrian-oriented.

Any map or floor plan portion of such directory signs shall not be included within the 6 square feet area allowance.

Figure 16.56.110.A – Directory Signs

(Ord. 358 § 3, 2011)

16.56.120 Public safety signs (all districts).

A. Privately placed signs required by law for public safety, or access, such as “Exit” or “Fire Escape,” shall be a maximum of two square feet or such other size as required by law and shall not require a sign permit as illustrated in Figure 16.56.120.A.

B. Privately placed signs warning of building, electrical, mechanical, or other hazards, such as “High Voltage,” shall be a maximum of four square feet or such other size as required by law and shall not require a sign permit.

Figure 16.56.120.A – Example of a Public Safety Sign

(Ord. 358 § 3, 2011)

16.56.130 Directional signs (all districts).

The community development director shall review and may approve directional signs that direct motorists or pedestrians to parking or building entries or similar directional information without a sign permit as set forth in Table 16.56.130.A.

 

Table 16.56.130.A

Directional Signs

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

NA

4 square feet area.

4 feet in height.

None.

(Ord. 358 § 3, 2011)

16.56.140 Village Commercial District signs (Historic District).

A. The historic and cultural preservation board shall review and make recommendations to the planning commission on new signs within the Village Commercial District. The planning commission shall review and may approve permits for signs within the Village Commercial District.

B. The Village Commercial District is a unique historic area within the city and, due to the historic nature of the district, signage which is unique and separate from other uses within the city is warranted. Sign design shall harmonize with the historical and architectural design and details of the building it serves, with other signs on the building, with the building’s surroundings, and with the business or other activity that the sign identifies.

C. The following design criteria apply to signs within the Village Commercial District:

1. Materials. Sign shall be made of durable materials compatible with the historic appearance of the building and other signs on the building.

2. Colors. Sign colors shall harmonize with the building it serves, adjacent landscaping and buildings, and signs of adjacent businesses.

3. Size. Sign shall be in scale and balance with the building it serves and with nearby buildings and streetscapes.

4. Letter Style. Historically appropriate simple lettering styles shall be used for ease of identification. Legibility shall take priority over complexity in the design of the sign face.

5. Illumination. Illuminated signs shall be lighted to the minimum level required to ensure adequate nighttime readability.

6. Signs shall not detract from the visibility of other signs on or adjacent to the site where the sign is placed.

7. Signs shall not cover or obstruct significant historic elements of the building.

8. Landscaping. Freestanding signs shall be located in a landscaped area, flanking all sides of the sign, which is of a shape, design and size equal to at least the area of the sign face and that is in scale with the overall proportions of the sign and its support structures. (Ord. 358 § 3, 2011)

16.56.150 Freeway-oriented community business signs.

A. The planning commission shall review and may approve sign permits for on-site and off-site freeway-oriented community business signs within the city’s jurisdiction, not including off-site advertising structures/displays (billboards), in General Commercial (CG), Planned Commercial (PC), Planned Development (PD), and Mixed Use (MU) Zoning Districts and the sign being incorporated into a comprehensive sign program or the issuance of a conditional use permit.

B. Signs shall be constructed, erected, and maintained to ensure integration with the surrounding environment, topography and land uses, and shall be directed away from residential land use districts.

C. Maximum height of signs shall be 25 feet unless a flag test or other suitable mechanism determines that a greater height is required due to topography, vegetation or other factors that adversely detract from the 25-foot provision.

D. Maximum area of signs shall not exceed 200 square feet as illustrated in Figure 16.56.150.A.

Figure 16.56.150.A – Freeway-Oriented Community Business Sign

E. One freeway-oriented community business sign per property at a freeway intersection with ramps.

F. The number of businesses advertised on such sign shall be determined by the planning commission.

G. Signs shall be erected so as not to obscure another sign when viewed from the freeway.

H. The text of all signs shall be limited to the names of the business they advertise, their logo and/or type of business. Consolidation of multiple businesses or logos shall be encouraged in order to reduce the number of signs.

I. Signs shall be serviced by underground utility connection.

J. Signs shall be located on properties directly abutting the freeway right-of-way.

K. Signs shall advertise only businesses which are located within a 1,000-foot radius of the freeway right-of-way and located within a planned development, General Commercial (CG), Planned Commercial (PC), Planned Development (PD), and Mixed Use Zoning Districts, or the planning commission approves an alternative as part of a comprehensive sign program, or approved through a development agreement or development and disposition agreement (DDA) or other mechanism approved by the city council.

L. Signs shall only advertise businesses located on the same side of the freeway as the sign.

M. Unless otherwise determined by the planning commission, signs shall be located in a landscaped area equal in size to the combined area of the sign face(s). The maintenance and irrigation of the landscaping shall be the responsibility of the property owner.

N. Maximum area of freeway-oriented community business signs shall not exceed 200 square feet in area per side or exceed 25 feet in height except that signs that exceed 200 square feet in area or 25 feet in height may be permitted when the sign is proposed as part of a comprehensive sign program and a flag test or other suitable mechanism determines that a greater copy area or height is required due to topography, vegetation or other factors that adversely detract from the area or height provisions. Said comprehensive sign program shall be reviewed and approved by the planning commission in accordance with HMC 16.56.180, Comprehensive sign program, and a flag test as described below.

O. The planning commission shall review said freeway-oriented community business signs in accordance with HMC 16.56.180, Comprehensive sign program, or a conditional use permit and a flag test, as described below:

1. A flag test shall be conducted during a legally advertised and noticed on-site meeting of the planning commission.

2. The applicant shall provide a mechanical crane on site with the capacity to raise a cloth or plywood “flag” of the proposed sign (i.e., mock-up of the sign). The mock-up shall be approximately the same size/area as the proposed sign face including any decorative trim or features and shall be raised in approximately the same location as the proposed sign.

3. The top edge of the mock-up shall be raised to the proposed height of the sign and the bottom edge of the mock-up shall extend down to the proposed bottom edge of the sign.

4. The planning commission may view the mock-up from the freeway, surrounding properties and neighborhoods and any other affected vantage point the planning commission deems necessary.

5. The planning commission shall review the proposed sign at a subsequent legally advertised and noticed public hearing.

6. The applicant shall provide the planning commission with photo-simulations or photographs of the flag test. (Ord. 396 § 1, 2014; Ord. 358 § 3, 2011)

16.56.160 Electronic changeable-copy signs.

A. The planning commission shall review and may approve permits for electronic changeable-copy signs for freeway-oriented community business signs as set forth in HMC 16.56.150 in General Commercial (CG), Planned Commercial (PC), Planned Development (PD), and Mixed Use (MU) Zoning Districts subject to the standards as set forth in Table 16.56.160.A and the sign being incorporated into a comprehensive sign program or the issuance of a conditional use permit or other mechanism provided herein.

B. Electronic changeable-copy signs shall be prohibited for use on individual on-premises advertising displays not part of a freeway-oriented community business sign as set forth in HMC 16.56.150.

Table 16.56.160.A

Electronic Changeable-Copy Signs

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

No more than 1 electronic changeable-copy sign shall be permitted per site.

Electronic changeable-copy signs may be incorporated into a freeway-oriented community business sign.

 

Unless otherwise determined by the planning commission, the area of an electronic changeable-copy sign shall be consistent with the standards for a freeway-oriented community business sign (HMC 16.56.150).

Unless otherwise determined by the planning commission, the height of an electronic changeable-copy sign shall be consistent with the standards for a freeway-oriented community business sign (HMC 16.56.150).

 

See Figure 16.56.160.A.

The minimum site area for any proposed electronic changeable-copy signs shall be no less than 2 acres, with no less than 200 feet of lineal frontage unless the site is within a general commercial (CG), planned commercial (PC), planned development (PD), and mixed use district and the planning commission approves an alternative as part of a comprehensive sign program, or approved through a development agreement or development and disposition agreement or other mechanism approved by the city council.

 

Signs shall be constructed, erected, and maintained to ensure integration with the surrounding environment, topography and land uses, and shall be directed away from residential land use districts as much as feasible.

 

Noncommercial advertisement may be permitted or required through a development agreement or development and disposition agreement (DDA) or other mechanism as approved by the city council.

 

On any site where an electronic changeable-copy sign is incorporated into a sign, the sign shall be located within a landscaped area equal to the combined area of the sign faces.

 

See Notes below.

Notes:

1.    Electronic changeable-copy message display intervals shall change no more frequently than once every 10 seconds; and blinking and/or moving characters and/or video streaming shall be prohibited.

2.    No off-site advertising or messages, unless specifically approved by the city through a development agreement or other mechanism approved by the city council, shall be displayed.

3.    The sign shall be properly maintained so that inoperative or improperly lighted bulbs, lights or LEDs or other lighting source do not impair the appearance and legibility of the sign.

4.    Electronic changeable-copy sign shall contain a light sensor to regulate the lighting intensity as weather conditions change and/or as required to be adjusted or otherwise modified, as necessary, to eliminate excessive glare, as deemed sufficient by the community development director.

5.    Signs shall be erected so as not to obscure another sign.

6.    Electronic changeable-copy signs incorporated into a freeway-oriented community business sign shall be reviewed and approved by the planning commission in accordance with HMC 16.56.150 and 16.56.180.

C. The scope of the review by the planning commission shall include consideration of all the following:

1. That the face of the proposed electronic changeable-copy sign is in proportion to its supporting structure;

2. That the proposed electronic changeable-copy sign and its supporting structure contains a full architectural treatment which is consistent with and complementary to the architectural design, massing, color, size and treatment of the business itself; and is harmonious with the general character of immediately surrounding properties; and

3. That the sign does not distract motorists or create other traffic or safety hazards.

4. Signs shall be serviced by underground utility connection.

D. The planning commission may approve a sign program and/or conditional use permit for an electronic changeable-copy sign upon finding that:

1. The proposed electronic changeable-copy sign will not adversely affect other nearby properties;

2. The proposed sign is consistent with the general plan and this chapter;

3. That the proposed sign does not disrupt a view or scenic corridor identified in the city’s general plan;

4. That the proposed sign is to be installed in conjunction with a comprehensive plan of site renovation and/or development;

5. That the proposed sign will not be disruptive to other properties and land uses within 300 feet;

6. That the proposed sign incorporates sufficient landscaping to visually mitigate the height, mass and size of the sign;

7. That the proposed sign is designed to complement and enhance the architectural features of the proposed site and its surroundings;

8. That the proposed sign does not create a traffic hazard; and

9. That the proposed sign does not create excessive light or glare.

Figure 16.56.160.A – Electronic Changeable-Copy Signs

(Ord. 396 § 20, 2014; Ord. 358 § 3, 2011)

16.56.170 Kiosks, on-site subdivision and on-site commercial real estate signs.

The following kiosks, on-site subdivision and on-site commercial real estate signs may be permitted in any land use district as follows:

A. The community development director shall review and may approve temporary sign permits for temporary on-site subdivision signs for each main street frontage of the subdivision being subdivided. Signs shall be for the identification of the property being subdivided, price information and the developer’s name, address and telephone number. Said signs shall comply with the requirements as set forth in Table 16.56.170.A.

 

Table 16.56.170.A

On-Site Subdivision Signs

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

1 at each major intersection fronting directly onto the subdivision being subdivided.

32 square feet for a subdivision sign along a designated collector street or a special collector street.

 

64 square feet for a subdivision sign along a designated secondary highway or an alternative secondary highway (1) or (2).

 

96 square feet for a subdivision sign along a designated special secondary highway, major highway, primary arterial, or a modified primary arterial.

15 feet in height.

Signs shall not be located on interior streets of the subdivision. 3 additional signs per builder may be approved by the community development director for each merchant builder for residential developments within planned communities and shall be located within the site boundaries of the planned community.

 

Shall be removed within 10 days from the final sales of the subdivision.

 

Shall not be illuminated.

 

Street designations are based upon the circulation element from the city’s general plan.

 

Riders which provide additional information may be attached to on-site subdivision signs as long as the total sign area does not exceed the maximum area allowed.

B. The community development director shall review and may approve temporary sign permits for temporary on-site commercial real estate signs. Said signs shall comply with the requirements set forth in Table 16.56.170.B.

 

Table 16.56.170.B

On-Site Commercial Real Estate Signs

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

Shall not exceed 1 per street frontage or a total of 3 per site.

32 square feet in area.

15 feet in height.

Shall be removed within 10 days from the final sale or lease of the subject property or building or property.

C. The city council shall review and may approve agreements between the city and its contractor(s) for off-site business kiosks and subdivision kiosks for the advertising of businesses and subdivisions within the city limits. The business and kiosk sign programs shall be treated as separate kiosk sign programs. All liabilities, costs and/or expenses arising out of the siting, installation, and construction of off-site business or subdivision kiosks shall be borne by said business or subdivider subject to provisions of any contract entered into between the city and its contractor(s).

1. The community development director shall review and may approve sign permits for off-site business kiosks and subdivision kiosks subject to approved agreements and as set forth in Table 16.56.170.C.

 

Table 16.56.170.C

Off-Site Business Kiosks and Subdivision Kiosks

Maximum Number

Maximum Sign Area

Maximum Height

Additional Information

 

32 square feet in area.

15 feet in height.

No kiosk shall contain more than a total of 8 business or subdivision sign panels per sign face.

 

Sign panels shall be 9 inches in width and 5 feet in length.

 

See Notes.

Notes:

1.    May be located either in or out of the public right-of-way.

2.    Sign panels include any or all of the following information: name of business or subdivision, business or subdivision logo.

3.    No pennant, flag, banner, streamer or other appurtenance may be affixed to any kiosk.

4.    Placement of kiosks shall be subject to approval of owner of underlying land (i.e., city engineer for signs within the public right-of-way) and owner of record for all other sites. Written authorization shall be filed with the community development director prior to erection of any kiosk sign.

5.    Shall be located more than 600 feet from an existing kiosk site or previously approved but not erected kiosk site for the same type of kiosk program, e.g., business or subdivision.

6.    Shall be located not less than 50 feet from an intersection unless specifically authorized by the city engineer.

(Ord. 363 § 2, 2011; Ord. 358 § 3, 2011)

16.56.180 Comprehensive sign program.

The purpose of a comprehensive sign program is to integrate all of a project’s signs with the overall design and the structures’ design into a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of the city’s sign regulations.

A. Applicability. The planning commission shall review and may approve a sign permit for a comprehensive sign program for any new or existing business park, industrial complex, shopping center, office complex or retail center. The following provisions governing comprehensive sign programs shall apply to new or existing nonresidential uses.

1. Requirement.

a. For all new nonresidential multi-tenant developments, planned developments, and specific plans, a comprehensive sign program is required.

b. For existing nonresidential multi-tenant uses, a comprehensive sign program is required when:

i. An existing building and/or an increase of use is proposed in terms of gross floor area, seating capacity, or other units of measurement indicating an intensification of use of 25 percent or more;

ii. When an exterior structural remodeling of the building facade is proposed which affects signage.

2. Optional. A comprehensive sign program may voluntarily be developed and maintained by the owner, developer or representative of any new or existing nonresidential use, when the owner, developer or representative seeks adjustment allowances to existing city sign standards.

3. Reviewing Authority.

a. The planning commission shall be the reviewing authority for all initial comprehensive sign programs, and shall approve, approve with conditions, or disapprove the proposed comprehensive sign program.

b. Modifications to an approved comprehensive sign program shall be reviewed and acted upon by the planning commission.

c. Signs which are consistent with an approved comprehensive sign program shall be reviewed and acted upon by the community development director or his designee.

B. Submittal Requirements. Prior to consideration of a comprehensive sign program by the planning commission, a complete application must be submitted to the city’s planning division, and shall be signed by the property owner(s). Such applications shall contain the following:

1. An accurate plot plan of the overall development, including all parcels comprising the multi-tenant development, planned development, or specific plan, at such scale as the planning division requires.

2. The location(s) and sizes of new or existing buildings, parking lots, driveways, streets and landscaping areas of the development.

3. The size, location, height, color, lighting sources, and orientation of all proposed signs for the development, with the computation of sign area for each sign type.

4. A complete set of standards, including, but not limited to, letter size, style, color, type(s), placement and number of signs, and material(s).

5. A narrative description of the project which may be necessary to demonstrate that the sign program meets the required findings and/or sign design standards is also required.

6. Any other information deemed necessary to meet the purpose of a comprehensive sign program as noted above.

C. Approval Findings. The planning commission shall make the following findings prior to approving a comprehensive sign program.

1. The signs allowed by the comprehensive sign program will not adversely affect other nearby properties.

2. The comprehensive sign program is consistent with the general plan.

3. The comprehensive sign program achieves the purpose of this chapter.

4. The comprehensive sign program will not constitute the granting of a special privilege nor provide more visibility or exposure than is available to similarly situated properties. (Ord. 358 § 3, 2011)

16.56.182 Nonconforming pole-mounted signs.

A nonconforming pole-mounted sign is any permanent pole sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but that does not now comply with the provisions of this development code.

It is the intent of this chapter to recognize that the eventual elimination of pole-mounted signs that do not comply with the provisions of this chapter is as important as the prohibition of new signs that would violate these standards.

A. General Requirements. A nonconforming pole-mounted sign may not be:

1. Changed to another nonconforming sign;

2. Structurally altered to extend its useful life;

3. Expanded;

4. Re-established after a business is abandoned for 180 days;

5. Re-established after damage or destruction of more than 50 percent of its value, as determined by the building official.

B. Exception. If a nonconforming pole sign within the city’s Village Commercial District has historical significance, apart from its main purpose of advertising, the sign may be granted a sign permit.

C. Maintenance and Repair. Nonconforming pole signs and structures shall be maintained and repaired in compliance with HMC 16.56.020(H).

D. Abandoned Pole-Mounted Signs and Sign Structures. An abandoned pole-mounted sign or sign structure shall be a sign or sign structure remaining in place or not maintained for a period of 180 days which no longer advertises or identifies an ongoing business product or service available on the premises where the sign or sign structure is located. (Ord. 358 § 3, 2011)

16.56.184 Violations.

A. No person shall violate any provisions or fail to comply with any of the requirements of this chapter. Unless a different penalty is prescribed for violation of a specific violation of this chapter, every act prohibited or declared unlawful and every failure to perform an act made mandatory by this chapter is punishable as a misdemeanor. The city attorney may specify in the accusatory pleading that the offense shall be an infraction. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person and shall be punishable accordingly.

B. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall constitute a public nuisance and may be abated by the city as such. Each day such condition continues shall be regarded as a new and separate offense.

C. All remedies herein are stated to be cumulative and nonexclusive. (Ord. 358 § 3, 2011)

16.56.186 General penalty.

A. Except in cases where a different punishment is specifically prescribed elsewhere in this chapter, every misdemeanor offense is punishable by imprisonment in the city or county jail for a period not exceeding six months, or by fine not exceeding $1,000, or by both; provided, that where the city attorney determines that such action would be in the interests of justice, the city attorney may specify in the accusatory pleadings that the offense shall be an infraction.

B. Except as otherwise prescribed elsewhere in this chapter, every offense specifically declared to be an infraction is punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same provision within one year, and a fine not exceeding $500.00 for each additional violation of the same provision within one year. Any person who has previously been convicted two or more times during any 12-month period for any crime made punishable as an infraction shall be guilty of a misdemeanor upon the third violation. (Ord. 358 § 3, 2011)

16.56.190 Off-site advertising displays.

A. “Off-site advertising display” means an outdoor advertising structure or outdoor advertising sign used for outdoor advertising purposes, not including on-site advertising signs as defined in this chapter. An off-site advertising display may be commonly known or referred to as an “off-site” or “off-premises” billboard. Off-site advertising display may also mean any card, cloth, paper, metal, painted, plastic or wooden sign of any character placed for outdoor advertising purposes, on or affixed to the ground or any tree, wall, bush, rock, fence, building, structure or thing, either privately or publicly owned, including an advertising structure.

B. No person shall erect, use or maintain an off-site advertising display except in accordance with the following provisions. It is further illegal to use, occupy, or maintain property in violation of this chapter. The changing of an advertising message or customary maintenance of a legally existing off-site advertising display shall not require a permit pursuant to this section.

1. Off-site advertising displays are permitted only in the Industrial (I) Zone; provided only, that the display meets all of the other requirements of the zoning classification and this chapter. Off-site advertising displays are expressly prohibited in all other zones.

2. No off-site advertising display shall be located within 2,500 feet in any direction from any other off-site advertising display or sign on the same street; provided, however, that if in a particular zone a different interval shall be stated, the spacing interval of the particular zone shall prevail. No off-site advertising display shall be located within 150 feet of property for which the zoning does not allow advertising displays; provided, however, that an off-site advertising display may be placed within 150 feet of property for which zoning does not allow such displays, if at the time an application for an off-site advertising display permit is applied for, there is no existing residential structure or an approved building permit for a residential structure within 150 feet of the location of the proposed off-site advertising display.

3. The maximum height of an off-site advertising display shall not exceed 20 feet from the roadbed of the adjacent freeway or highway, or a maximum height of 20 feet from the grade on which it is constructed, whichever is less.

4. No off-site advertising display shall have a total surface area of more than 100 square feet. No cutouts or extensions shall be allowed.

5. A maximum of two steel support poles is allowed for an off-site advertising display unless otherwise required by the Uniform Building Code.

6. No off-site advertising display shall be affixed on the roof of any building and no off-site advertising display shall be affixed to the wall of a building so that it projects above the parapet of the building. For purposes of this section, a mansard-style roof shall be considered a parapet.

7. No more than one proposed off-site advertising display may be included in a single application.

8. No off-site advertising display shall be erected within an established setback or building line or within road right-of-way lines or future road right-of-way lines as indicated in the general plan or as identified in any plan as adopted by the city. A minimum setback from the property line of one foot shall be required. No person shall place, erect, maintain or use any off-site advertising display located within 660 feet from the edge of the right-of-way of, and the copy of which is visible from, any primary highway, without first obtaining a valid State Outdoor Advertising Permit.

9. No more than two display faces per off-site advertising display shall be permitted. Back-to-back and V-type displays shall be allowed; provided, that they are on the same structure; and provided, that the V-type displays have a separation between display faces of not more than 25 feet.

10. An off-site advertising display may be illuminated; provided, that the signs are so constructed that no light bulb, filament or similar source of illumination is visible beyond the sign face. Displays making use of lights to convey the effect of movement or flashing shall use the most advanced methods to ensure the most energy efficient methods of sign illumination. All utility services shall be installed underground.

11. No off-site advertising display shall move or rotate or display any moving and/or rotating parts. No propellers, flags, or other noise creating devices, and no architectural embellishments which utilize mechanical or natural forces for motion shall be permitted, including electronic message systems and signs that have alternating messages that change more than once an hour. Use of daylight-reflective materials or electronic message boards using flashing, intermittent or moving light or lights is prohibited.

12. All off-site advertising displays, together with its supports, braces, guys and anchors, shall be maintained in a safe presentable condition, including routine maintenance, replacement of defective parts, painting, re-painting and cleaning. The ground space within 10 feet in all directions from the base of the sign shall be maintained free from all weeds, rubbish, and any flammable waste material. The community development director or building official may require corrections or removal of any off-site advertising display determined to be improperly maintained or otherwise in violation of this provision.

13. No person shall erect, alter, expand, repair or relocate any off-site advertising display without first obtaining an off-site advertising display permit from the community development director and a building permit from the building and safety division, together with any other required permits and authorizations. Prior to issuance of the off-site advertising display permit, the city engineer shall approve the placement of the off-site advertising display, and confirm that it will not interfere with traffic safety.

14. No person shall place, erect, use or maintain an off-site advertising display and no off-site advertising display shall be placed, erected, used or maintained anywhere within the city unless there is securely fastened thereto and on the front display face thereof, the name and telephone number of the off-site advertising display owner in such a manner that the name is visible from the street. Any display placed, erected, or maintained without this identification shall be deemed to be placed, erected, and maintained in violation of this section.

15. Off-site advertising display permit fees shall be established by resolution of the city council.

16. In order to evaluate and assess off-site advertising displays within the city, within 180 days of the effective date of the ordinance codified in this chapter, and on each fifth anniversary after the effective date of the ordinance codified in this chapter, each permittee of an off-site advertising display(s) within the city shall submit to the community development department, a current inventory of the off-site advertising displays currently owned and/or maintained by that permittee within the city. Failure to submit a current or accurate inventory shall be deemed to be a separate violation of this chapter.

C. Permit Procedure.

1. Application. In addition to all other applicable federal, state and local laws, rules, regulations and ordinances, no off-site advertising display shall be placed, erected, used or maintained until an off-site advertising display permit therefor has been issued by the community development director, on the form provided by the planning department, accompanied by the filing fee established by the city. The application shall include the following:

a. Ten copies of a plot plan drawn to scale, containing the name, address or telephone number of the applicant, a copy of the current valid State Outdoor Advertising Permit (where required), and a general description of the property upon which the off-site advertising display is proposed to be placed.

b. The plot plan shall indicate the precise location, type, and size of the proposed off-site advertising display, all property lines, zoning, and the dimensions, location of and distance to the nearest advertising display(s), building(s), business district(s), public and private roads, and other rights-of-way, building setback lines, and specifically planned future road rights-of-way lines, and any and all other information required by the community development director such that the proposed display may be readily ascertained, identified and evaluated. If the property is not owned by the applicant, the application shall include the name(s) and address of the property owner, and a written consent for the placement of the off-site advertising display on the property.

2. Issuance/Denial. If the application and information submitted therewith indicate that the off-site advertising display will meet the standards set forth in subsection (C)(1) of this section, the community development director shall issue an off-site advertising display permit. The community development director shall, within 10 business days from acceptance, deny the permit application if such standards will not be met. Upon issuance of the off-site advertising display permit, no person shall place, erect, use, maintain, alter or repair an off-site advertising display or connect an off-site advertising display to a power supply without first obtaining a building permit and required inspections from the department of building and safety.

3. Revocation. Any off-site advertising display permit which has been issued as a result of a material misrepresentation of fact by the applicant or his agent, whether or not a criminal prosecution is initiated therefor, or which does not comply with this chapter, the approved plot plan, off-site advertising display permit, building permit or State Outdoor Advertising Permit may be revoked by the community development director. The community development director shall forthwith give written notice of revocation to the permittee/applicant. Unless the permittee/applicant files with the planning department a written request for a hearing within 10 days of the date the notice was mailed, the community development director’s decision to revoke will be considered final. Failure to timely file a written request for a hearing constitutes a waiver of the right to appeal the determination. Notice of the hearing shall be given by mail to the permittee/applicant. The timely filing of a written notice of appeal shall stay the revocation until such time as the city council issues its decision to grant or deny the appeal. Within 30 calendar days after notice is given and no hearing requested or, if a hearing is requested, within 90 calendar days from the date of mailing the city council’s decision to deny the appeal, any off-site advertising display authorized by the off-site advertising display permit shall be removed at the applicant’s expense. Failure to remove the display as provided herein shall be deemed a separate violation of this chapter.

4. Enforcement. Wherever the official(s) responsible for the enforcement of administration of this title, or their designated agents, have cause to suspect a violation of this chapter, or whenever necessary to investigate either an application for the granting, modification, or any action to suspend or revoke an off-site advertising display permit, or whenever necessary to investigate a possible violation, such person(s) may lawfully gain access to the appropriate parcel of land upon which a violation is believed to exist. The following provisions shall apply to the violations of this chapter:

a. Violations of this chapter may be committed by any person, whether as agent, employee, officer, principal, or otherwise.

b. Every person who knowingly provides false information on an off-site advertising display permit application shall be guilty of a misdemeanor.

c. Every person who fails to stop work on an off-site advertising display, when so ordered by the building official or the community development director, or their designee(s), shall be guilty of a misdemeanor.

d. Every person who, having received notice to appear in court to answer a related charge, willfully fails to appear, shall be guilty of a misdemeanor.

e. The city may prosecute the violation in the name of the people of the state of California.

f. Every off-site advertising display and every abandoned off-site advertising display is hereby declared to be a public nuisance and shall be subject to abatement by repair, rehabilitation, or removal in accordance with the procedures contained in Chapter 8.28 HMC.

5. Nonconforming Off-Site Advertising Displays.

a. Every off-site advertising display which does not conform to this chapter shall be deemed to be a nonconforming sign and shall be removed or altered in accordance with this chapter and applicable state law, as follows:

b. Every off-site advertising display becoming nonconforming as a result of this chapter may be removed in accordance with the provisions of California Business and Professions Code Sections 5412 et seq., including 5412.1, 5412.2 and 5412.3.

c. Any legal off-site advertising display or sign which is nonconforming to the requirements of this chapter shall either be removed, made conforming at the expense of the display owner to the requirements of this chapter, or relocated pursuant to a relocation agreement entered into between the display owner and the city, within the period of time prescribed herein dating from the effective date of the ordinance codified in this chapter; provided, that if any sign or display was made legally nonconforming under any previous sign regulation, or any interim sign ordinance, the amortization requirements shall be cumulative from the date that the sign or display became legally nonconforming. Such nonconforming off-site advertising display(s) may be abated forthwith by the city upon the payment of the cost of removal and the remaining value of said off-site advertising display and based upon the fair market value on the date of notice of removal requirement.

Fair Market Value on Date

Removal

Less than $1,999

Two years

$2,000 to $3,999

Three years

$4,000 to $5,999

Four years

$6,000 to $7,999

Five years

$8,000 to $9,999

Six years

$10,000 and over

Seven years

d. The amounts provided in this section shall be adjusted each January 1st, commencing January 1, 1993, in accordance with the changes in building costs as indicated in the United States Department of Commerce Cost Index for Construction Costs.

6. Illegal and Abandoned Off-Site Advertising Displays. All illegal off-site advertising displays and all abandoned off-site advertising displays shall be removed or brought into conformance with this chapter immediately upon its effective date. In enforcing this chapter, the notice required to be given to the owner of the property on which the off-site advertising display is constructed shall also be given to (i) the owner of the display, if the identification plate required by Business and Professions Code Sections 5362 and 5363 is affixed and (ii) the advertiser, if any, identified on the display, provided the address of the advertiser can reasonably be determined. (Ord. 370 § 50, 2012; Ord. 259 § 2(D), 2000; Ord. 171 § 14.190, 1994)