Chapter 17.59
SIGNS*

Sections:

17.59.010    Purpose and intent.

17.59.020    Application.

17.59.030    Responsibility.

17.59.040    Design review board approval required.

17.59.050    Sign permit required.

17.59.060    Enforcement.

17.59.070    Remedies.

17.59.080    Exemptions.

17.59.090    Nonconforming signs.

17.59.100    Maintenance and construction provisions.

17.59.110    Safety provisions.

17.59.120    Abandoned signs and abatement thereof.

17.59.130    Illumination of signs.

17.59.140    Abatement of signs on public property and signs presenting health or safety hazards.

17.59.150    Definitions.

17.59.160    Prohibited signs.

17.59.170    Permitted signs.

17.59.180    Sign regulations for commercial and industrial districts.

17.59.190    Sign regulations for residential districts.

17.59.200    Sign regulations for districts other than commercial, industrial and residential.

17.59.210    Real estate signs.

17.59.220    Signs not otherwise regulated.

17.59.230    Neighborhood signs.

17.59.240    Service stations.

17.59.250    Highway signs.

17.59.260    Signs for advertising purposes.

17.59.270    Signs in the Coastal Zone.

17.59.280    Billboard signs.

17.59.290    Severability.

*    Prior ordinance history: Ords. 83-11, 86-9 and 91-1.

17.59.010 Purpose and intent.

A.    It is the purpose and intent of this chapter to provide the city with a viable and practical set of sign regulations that will promote the orderly growth of the community; facilitate the continual upgrading of the community; preserve the natural beauty of Marina while simultaneously protecting the rights of property and business owners to display signs and the right of individuals to live, work and visit a city that is free from the usual blight that would result from under or nonregulation of signs.

B.    These sign regulations, pursuant to the provisions of the Marina general plan, set forth the minimum acceptable standards necessary to protect and safeguard the life, peace, health, safety, property and general welfare of the public by regulating among other things the location, placement, size, number, area, type, illumination and maintenance of signs and sign structures.

C.    In addition to the standards specified above, it is hereby set forth that a primary goal of these regulations shall be to insure that signs and sign structures are considered in light of the architectural and landscape design of the buildings and properties along with individual setting or location of the buildings and properties. (Zoning ordinance dated 7/94 (part), 1994)

17.59.020 Application.

No sign shall be placed, displayed, painted, posted, printed, tacked, fastened, erected, relocated, constructed or otherwise except as provided in this chapter. (Zoning ordinance dated 7/94 (part), 1994)

17.59.030 Responsibility.

It shall be the sole responsibility of the person making application to place, construct, erect, alter, relocate, tack, fasten, paint, post or display any sign in the city to obtain the necessary authorization from the owner or lessee of the property. (Zoning ordinance dated 7/94 (part), 1994)

17.59.040 Design review board approval required.

A.    Design review board (site and architectural design review board) approval shall be required of all signs unless otherwise specified in this chapter. A fee shall be collected by the planning department prior to consideration of any sign by the site and architectural design review board. The fee shall be established from time to time by resolution of the city council.

B.    In order to facilitate the site and architectural design review board review and approval process, any person seeking to obtain site and architectural design review board approval shall submit accurate plans, drawings, color boards, examples of materials or any such other information specified by the director of planning showing the size, shape, location, color, materials and physical relationship to the site of the sign and sign structure. Any decision of the site and architectural design review board may be appealed, in writing, to the planning commission within ten days of the decision. Any decision of the planning commission may likewise be appealed to the city council. Written appeals shall be filed with the planning department no later than ten days after the decision of the site and architectural design review board or the planning commission.

C.    During the course of review and approval, the site and architectural design review board or the planning commission on appeal or the council on appeal may approve, disapprove, conditionally approve or modify the plans as submitted in order to insure compliance with the spirit and intent of this chapter. (Zoning ordinance dated 7/94 (part), 1994)

17.59.050 Sign permit required.

A.    In order to insure that the building department is provided with an opportunity to review the placement, construction, erection, relocation or alteration of any and all signs in the city, it is required, unless otherwise specified herein, that a sign permit shall be obtained from the building department prior to the placement, construction, erection, relocation, alteration or otherwise of the sign.

B.    Any person seeking to obtain a sign permit shall provide the building department with any and all necessary plans, drawings or other materials or information required by the building department along with written evidence that the site and architectural design review board approval has been obtained for the sign. Following a review of the materials submitted, the building department may issue the sign permit or as an alternative may require that a building permit be obtained pursuant to the provisions of the Uniform Building Code (UBC) in lieu of a sign permit. A fee shall be collected by the building department prior to the issuance of any sign or building permit. The fee for a sign permit shall be established from time to time by resolution of the city council. The fee for a building permit shall be as specified in the UBC. (Zoning ordinance dated 7/94 (part), 1994)

17.59.060 Enforcement.

The regulations contained in this chapter shall be enforced as are other zoning, building and safety regulations as set forth in this code. (Zoning ordinance dated 7/94 (part), 1994)

17.59.070 Remedies.

Notwithstanding the procedures for enforcement set forth in this code, the city is authorized to proceed in any other fashion, way or procedure permitted by law. (Zoning ordinance dated 7/94 (part), 1994)

17.59.080 Exemptions.

The provisions and regulations of this chapter shall not apply to the following signs provided, however, that the following signs shall be subject to all safety provisions contained in this chapter:

A.    Official signs and notices, public utility signs, public directional signs;

B.    Professional nameplates not exceeding three square feet in area;

C.    Temporary signs of a directional nature approved by the director of planning;

D.    Emergency, public service or other temporary nonadvertising signs as approved by the city council;

E.    Memorial signs on tablets, names and dates of buildings when cut into any masonry surface or when flush mounted and constructed of bronze or other noncombustible materials;

F.    Rural mailboxes designating the name and address of the person serviced by the mailbox;

G.    Signs placed by the city on the pedestrian overpass over Del Monte Boulevard at intersection with Palm Avenue. (Ord. 95-10 § 1 (part), 1995: zoning ordinance dated 7/94 (part), 1994)

17.59.090 Nonconforming signs.

A.    Any permanent sign lawfully existing prior to the adoption of this chapter and not conforming to the provisions contained in this chapter is declared to be a lawfully nonconforming sign and may remain as such.

B.    No such nonconforming sign shall in any way be altered, relocated, replaced or reworded unless the sign can be made to conform to all provisions of this chapter. Nothing in this section shall be construed to prohibit the normal maintenance and repair of lawfully nonconforming signs. (Zoning ordinance dated 7/94 (part), 1994)

17.59.100 Maintenance and construction provisions.

The appropriate sections of the Uniform Building Code, (UBC) the Uniform Electric Code (UEC) or any amendment thereto adopted by the city shall apply to the construction, placement or display of signs in the city. All signs having internal or built-in illumination shall be constructed wholly of noncombustible materials or other such fire resistive materials as approved by the building department. Guy wires or exposed strut like sign structures shall not be utilized. Signs and sign structures shall at all times be maintained in a state of good repair including all braces, bolts, structural parts, supporting frames and fastenings. (Zoning ordinance dated 7/94 (part), 1994)

17.59.110 Safety provisions.

In addition to all other maintenance and construction provisions contained in this chapter, all signs within the city shall comply with the following provisions:

A.    Obstructions to Doors, Windows or Fire Escapes. No sign shall be erected, relocated, altered, maintained or otherwise so as to prevent ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe, gutter, drain or fire escape, except signs referring specifically to the standpipe, gutter, drain or fire escape to which it is attached.

B.    Signs Not to Obstruct Traffic Signals. No sign regulated by this chapter shall be erected at any location where, by reason of its position, it will obstruct or confuse the view of any authorized traffic sign, signal or device.

C.    Exterior of Signs. On all signs which are erected within five feet of a public street or sidewalk, no nails, tacks or wires shall be permitted to protrude therefrom. All structural trim maintained in conjunction with, attached to, or superimposed upon any sign shall be safely and securely built or attached to the sign structure. (Zoning ordinance dated 7/94 (part), 1994)

17.59.120 Abandoned signs and abatement thereof.

A.    No person shall maintain or permit to be maintained on any premises owned or controlled by said person any sign which has been abandoned. Any such sign shall be promptly abated. Any sign which is located on property which becomes vacant for a period of six months or more and any sign which was erected for an occupant or business unrelated to the present occupant or his business and any sign which pertains to a time, event or purpose which no longer obtains, shall be presumed to have been abandoned.

B.    Unless some other form of abatement is approved by the director of planning in writing, abatement of abandoned signs shall be accomplished in the following manner:

1.    Signs painted on buildings, walls, fences, structures shall be abated by removal of the paint constituting the sign or by painting over the sign in such a way that the sign shall not thereafter become visible.

2.    Other types of signs may be abated by removal of the sign including its dependent structures and supports, unless the sign conforms to the provisions contained in this chapter in which case all faces of the sign shall be screened from view in a manner satisfactory to the director of planning. (Zoning ordinance dated 7/94 (part), 1994)

17.59.130 Illumination of signs.

All illuminated signs in the city shall comply with the following standards:

A.    The use of high intensity, unshielded or undiffused lights shall not be permitted.

B.    Lights or illumination shall be shielded, oriented or diffused so as to eliminate undue glare onto adjacent properties.

C.    Lights shall be shielded or diffused in such a manner as to eliminate the possibility of conflict with safe traffic movement.

D.    The site and architectural design review board or planning commission and city council, on appeal, shall retain the right to require reduction in the intensity of illumination after the installation of any illuminated sign if said illumination creates any undue glare, annoyance or hazard. (Zoning ordinance dated 7/94 (part), 1994)

17.59.140 Abatement of signs on public property and signs presenting health or safety hazards.

A.    Signs on Private Property Presenting Health or Safety Hazards. No sign may be placed upon any privately owned property in a manner which creates a public health or safety hazard. Any sign placed on, above or adjacent to any street, sidewalk or right-of-way which creates a health or safety hazard through obstructing vision or use of such street, sidewalk or right-of-way may be summarily removed by the public safety, public works or planning directors or their respective delegates. Any sign so removed shall be returned to the owner upon payment of the costs of removal and storage. Any sign placed on or about private property which creates a health or safety hazard, including obstructing vision in the public right-of-way, may be removed by the public safety, public works or planning directors or their respective delegates to a position on the private property where it does not create a health or safety hazard.

B.    Signs on Public Property. No sign may be placed in or upon any public right-of-way, the exterior of any public building, any public grounds or property thereon, any public utility pole or appurtenance thereof, wherever located, or any tree on public property. Any such sign may be summarily removed and impounded by the public safety, public works or planning director or their respective delegates.

C.    Impounded Signs. Any sign impounded under the provisions of subsections A or B of this section shall be stored for a period of not less than thirty days at which time the signs may be salvaged, sold or destroyed in order to defray the costs of removal and storage. The person responsible for the placement of such sign shall be liable for the cost incurred in the removal and storage of the sign and the departments of public safety and public works are authorized to effect the collection of said cost.

D.    Noticing Sign Owners. If the person who owns a sign which has been removed pursuant to this section can be identified, the city official who has removed said sign shall notify that person of the reasons the sign has been removed, the location of the sign and the procedures for the return of the sign. (Ord. 95-10 § 1 (part), 1995: zoning ordinance dated 7/94 (part), 1994)

17.59.150 Definitions.

As used in this chapter:

“Official signs and notices” means signs and notices placed by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by state law and placed by state or local government agencies or nonprofit historical societies shall be considered as official signs.

“Primary business frontage” means that frontage of a building containing the primary or most important entrance to the occupancy thereon. In such cases where there are multiple entrances, the director of planning shall determine which frontage is the primary frontage. In no case shall more than one primary business frontage be permitted.

“Public directional signs” means signs containing directional information about public places owned or operated by federal, state or local governments or their agencies; publicly owned natural phenomena, historic, cultural, scientific and educational sites; and publicly owned or operated areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.

“Public utility signs” means warning signs, informational signs, notices or markers which are customarily placed by public or private utilities, as essential to their operations.

“Secondary business frontage” means that frontage of a building containing any entrance other than a primary business frontage. In no case shall more than two secondary business frontages be permitted.

“Service station” means a business which is primarily in the business of providing service to vehicles such as gasoline, oil, tire, mechanical assistance, parts, etc., and not including convenience markets that sell gasoline, diesel fuel or oil.

“Shopping center” means commercial and retail buildings and associated facilities which have been designed and developed as an integrated unit containing more than five separately owned and operated businesses which function as an integral unit and which utilize common off-street parking.

“Sign” means any letters, figures, design, symbol, trademark or illuminating device intended to attract attention to any person, partnership, corporation or unincorporated association, or any place, subject, public performance, article, machine or merchandise, whatsoever, and painted, printed, constructed, erected or displayed in any manner whatsoever.

“Sign area” means that area enclosed by a square, rectangle, triangle or other shape which connects the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign proper. The area of a sign composed of characters, words or individual letters attached directly to a surface, shall be the smallest shape that encloses the whole group. Sign area shall include only one face of any double-faced sign and shall include all faces of any multi-faced sign containing more than two faces. For the purpose of this definition, the faces of a double-faced sign shall be parallel.

“Sign area allotment” means the maximum area of signs that may be displayed on any site, premises, business, building, parcel, lot or otherwise not including signs specifically exempted in this chapter.

“Uniform Building Code, Uniform Electrical Code, Uniform Mechanical Code” means those codes which are currently in full force and effect as adopted by the city council including any amendments or additions thereto adopted from time to time by the city council. (Ord. 95-10 § 1 (part), 1995: zoning ordinance dated 7/94 (part), 1994)

17.59.160 Prohibited signs.

The following signs shall be prohibited in the city. Definitions and descriptions of these signs are included in this section. Additional definitions pertaining to this chapter are contained in Sections 17.59.150 and 17.59.170.

A.    Portable Signs. Signs such as A-board or other such signs capable of standing without support or attachment to a structure or the ground.

B.    Animated Signs. Signs that involve animation, rotation, flashing, projections, scintillation, or any type of movement not including barber pole signs or time, date and temperature signs.

C.    Billboard Signs. Off-site advertising signs that are designed to direct attention to a business, commodity, service or entertainment, sold or offered elsewhere than on the premises or property on which the sign is located, not including temporary signs or banners that are approved by the city council and which are to be used for the purpose of advertising an event of general civic interest or that are to be used as temporary off-site directional signs as approved by the planning commission.

D.    Vehicle Signs. Signs that are attached to, painted on or placed on top of any vehicle, trailer or other means of conveyance, for the purpose of advertising a commercial enterprise not including signs attached to or painted on a vehicle for the primary purpose of identifying the ownership or use of the vehicle.

E.    Roof Signs. Signs that are attached to, supported by, mounted on or project above a roof or other architectural feature including, but not limited to mansards, parapets and the like.

F.    Projecting Signs. Signs that are suspended from or that are supported by a wall, building or structure and project more than three feet outward therefrom or signs that project into the public right-of-way. No provision contained herein shall be construed to prohibit the display or construction of freestanding signs.

G.    Characterization Signs. Signs characterizing a person, object, place, etc. (Zoning ordinance dated 7/94 (part), 1994)

17.59.170 Permitted signs.

The following signs shall be permitted in the city subject to the provisions contained in this section and this chapter. Definitions of permitted signs are included in this section. Additional definitions pertaining to this chapter are contained in Sections 17.59.150 and 17.59.160.

A.    Accessory Signs. A sign of a secondary nature, e.g., savings stamp signs, credit card signs not exceeding one square foot. Such signs are not included in the maximum sign area allotment. Site and architectural design review board approval is not required. A sign permit is not required.

B.    Barber Pole Signs. A striped pole characteristic of barbershops. Such signs may rotate. One such sign may be permitted per business in addition to any other signs permitted by this chapter. Site and architectural design review board approval is required. A sign permit is required.

C.    Directional and Public Service Signs. Public service signs including time and temperature devices and signs indicating the location or direction of a place or area on the premises upon which the sign is located. Such signs are not included in the maximum sign area allotment if they are deemed necessary and appropriate by the director of planning. Site and architectural design review board approval is not required. A sign permit is not required.

D.    Freestanding Signs. Freestanding signs of a permanent nature not attached to any portion of a building and not projecting over or through a roof, eaves of a building or any public right-of-way. Such signs may be placed within required yard or setback areas. Site and architectural design review board approval is required. A sign permit is required.

E.    Awning Signs. A sign attached to the face of or supported by an awning. (Awning: a roof-like cover, usually of canvas extending over or before a place). Such signs must be parallel to the face to which attached and must not hang lower or project above the face to which attached. Site and architectural design review board approval is required. A sign permit is required.

F.    Marquee or Canopy Signs. A sign attached to or supported by a marquee or canopy. Such signs must be parallel to the face to which they are attached and may not be made of cloth, canvas or other material of a similar nature nor shall such signs hang lower or project above the face to which attached. Site and architectural design review board approval is required. A sign permit is required.

G.    Nameplates. Professional nameplates and occupation signs exceeding three square feet in area. Site and architectural design review board approval is required. A sign permit is required.

H.    Readerboard Signs. A sign with detachable or interchangeable letters. Site and architectural design review board approval is required. A sign permit is required.

I.    Under Canopy Signs. A sign attached to the underside of a canopy. The canopy must be of a permanent nature attached to and supported by a building. Such signs that do not exceed four square feet will not be included in the maximum sign area allotment. Any such sign exceeding four square feet shall be included in the maximum sign area allotment. Such signs shall have a minimum clearance of seven feet six inches above the sidewalk. Site and architectural design review board approval is required. A sign permit is required.

J.    Wall Signs. A sign of either solid face construction or individual letters placed against the exterior wall of any building or structure. Such signs shall not extend more than one foot beyond the wall. Site and architectural design review board approval is required. A sign permit is required.

K.    Window Signs—Temporary. Signs that are painted, placed, taped, displayed or otherwise suspended within three feet of any window that are visible from outside the place of business and that are designed to be displayed for a maximum of thirty days. Such signs are permitted to cover no more than fifty percent of the area of the window. Such signs may not be displayed more than thirty days. Such signs are not included in the maximum sign area allotment. Site and architectural design review board approval is not required. A sign permit is not required.

L.    Window Signs—Permanent. Signs that are painted, placed, taped, displayed or otherwise suspended within three feet of any window that are visible from outside the place of business and that are designed to be displayed for more than thirty days. Such signs are permitted to cover no more than ten percent of the area of the window. Such signs are not included in the maximum sign area allotment. Site and architectural design review board approval is not required. A sign permit is not required.

M.    Monument Sign. A low profile freestanding sign incorporating the design and building materials and accenting the architectural theme of buildings within the same development. Such signs shall be considered the same as a freestanding sign.

N.    Real Estate Signs. Real estate signs shall be permitted as specified in Section 17.59.210 of this chapter.

O.    Signs in General. Any sign which is not listed under permitted or prohibited signs (Section 17.59.160 and this section, respectively) shall be considered individually by the planning commission who shall determine whether the sign falls in the permitted or prohibited category. If the planning commission determines that such sign falls in the permitted category, permission to display such sign, signs or signing program shall be granted subject to any and all conditions the planning commission may find necessary to achieve the spirit, purpose and intent of this chapter. The conditions of approval may include but not be limited to requiring site and architectural design review board approval and a sign permit. (Zoning ordinance dated 7/94 (part), 1994)

17.59.180 Sign regulations for commercial and industrial districts.

C-1, C-2, P-C, L-M and M Districts.

A.    Sign Area. One and one-half square feet are permitted for every foot of primary business frontage to a maximum of two hundred square feet per business. One-half square foot is permitted for every foot of secondary business frontage to a maximum of twenty-five square feet for each secondary business frontage.

B.    Number of Signs. No more than four signs may be permitted per business. Under canopy signs are not counted for the purposes of this section.

C.    Type of Sign. Any sign specified under Section 17.59.170, may be displayed in accordance with the provisions of this chapter.

D.    General Provisions. All signs and signing programs specified below shall be subject to review and approval by the site and architectural design review board and shall require a sign permit.

1.    Shopping centers may be permitted to erect a freestanding identification sign which may also indicate the principal tenant and other services available on the site. Said sign shall be located adjacent to the principal street frontage and shall not exceed one hundred square feet in area or twenty-five feet in height. If the shopping center has more than one principal street frontage, two such signs may be permitted. The sign area and sign height specified in this section are the maximum limits and the site and architectural design review board reserves the right to approve lesser sign area or height.

2.    Shopping centers containing more than twenty-five acres approved under a single development permit shall be permitted to erect two freestanding identification signs which may also indicate the principal tenants along with other pertinent information deemed appropriate by the site and architectural design review board. Such signs shall not exceed two hundred fifty square feet in area nor fifty feet in height. The sign area and height specified in this section are the maximum limits and the site and architectural design review board reserves the right to approve lesser sign area or height.

3.    Industrial parks containing more than four buildings designed to be architecturally compatible, whether or not on the same parcel of land, shall be permitted to place monument signs along, at, or adjacent to principal entrances to the park. Such signs shall not exceed two hundred square feet or ten feet in height. The actual size, height and number of signs shall be specified by the site and architectural design review board.

4.    Real estate signs shall be permitted subject to the provisions of Section 17.59.210.

E.    Master Signing Program Approval Required.

1.    Any and all commercial, office or industrial developments designed to contain more than four occupancies, businesses or buildings are required to obtain approval of a master signing program from the site and architectural design review board. Said master signing program plans must be prepared, reviewed and approved by the site and architectural design review board prior to the issuance of any occupancy permit in the development. Plans for the master signing program shall include specifications, descriptions and locations of all signs to be displayed on the site including but not limited to advertising, identification, directional and public service signs. The site and architectural design review board may approve, conditionally approve or modify said plans in order to insure that the master signing program is in accordance with the purpose, spirit and intent of this chapter. Any decision of the site and architectural design review board on a master signing program may be appealed to the planning commission. Appeals shall be in writing and shall be filed with the planning department within ten days of the decision. Any decision of the planning commission may be appealed to the city council in the same manner as decisions of the site and architectural design review board are appealed.

2.    Approved master signing programs may be modified from time to time by the site and architectural design review board or by the planning commission or city council through the appeal process. (Zoning ordinance dated 7/94 (part), 1994)

17.59.190 Sign regulations for residential districts.

R-1, R-2, R-3, R-4 and S-T Districts.

A.    Single-Family Dwellings, Duplexes, Triplexes, and Fourplexes. One nameplate not exceeding three square feet per dwelling. Site and architectural design review board approval is not required. A sign permit is not required.

B.    Multiple-Family Dwellings. Dwellings containing more than four dwelling units may be permitted a maximum of two signs, each containing a maximum of thirty square feet. Site and architectural design review board approval is required. A sign permit is required.

C.    Church Signs. Same as subsection B of this section.

D.    Public, Quasi-Public, Halls, Organizations, Clubs, Lodges and All Similar Uses. Same as subsection B of this section.

E.    Nonresidential uses not otherwise specified herein including but not limited to hotels, motels, professional offices and other nonresidential uses that may be permitted in residential zoning districts. Signs for such uses shall be regulated by Section 17.59.180.

F.    Real Estate Signs. Real estate signs shall be permitted subject to the provisions of Section 17.59.210.

G.    All signs not permitted by subsections A through F of this section are prohibited. (Zoning ordinance dated 7/94 (part), 1994)

17.59.200 Sign regulations for districts other than commercial, industrial and residential.

U, O, K and T Districts. All signs, other than real estate signs which are regulated in Section 17.59.210, shall require approval by the site and architectural design review board or the planning commission or city council through the appeal process. Appeals may be made of any decision of the site and architectural design review board or planning commission as specified in Section 17.59.040. No sign shall be approved unless and until a finding is made that the proposed sign is consistent with the purpose, spirit and intent of this chapter. (Zoning ordinance dated 7/94 (part), 1994)

17.59.210 Real estate signs.

The following regulations shall apply to real estate signs in the city:

A.    Sale, Rental or Lease Signs. Except as provided in subsection D of this section any property being advertised for sale, rent or lease may have one such sign on the property. Such sign shall not exceed twelve square feet in area. Site and architectural design review board approval is not required. A sign permit is not required.

B.    Subdivision Signs. In the subdivision of land, the land being subdivided may have no more than two signs posted upon it advertising the subdivision. Each sign shall not exceed thirty-two square feet in area. Site and architectural design review board approval is not required. A sign permit is required.

C.    Under Construction Signs. Under construction signs shall not exceed twenty square feet in area. No more than one such sign shall be permitted. Site and architectural design review board approval is not required. A sign permit is required. Such signs shall be removed prior to the issuance of the final occupancy permit.

D.    Portable, Temporary Signs Displayed on Private Property. In advertising a property for sale, rental or lease, a portable sign, not exceeding six square feet in area may be placed off the site on private property for the purpose of advertising that the subject property is open for inspection. One additional such sign may be displayed on the premises that is open for inspection. Such signs shall only be displayed when the premises are open for inspection. Site and architectural design review board approval is not required. A sign permit is not required.

E.    Model Home Signs. Signs identifying model homes may be displayed on the property upon which the model homes are located. Such signs shall be located adjacent to the entrance of the model home. Such signs shall not exceed eight square feet in area nor three feet in height. Site and architectural design review board approval is not required. A sign permit is not required.

F.    General Provision. Any signs not specifically permitted under the provisions of this section are prohibited unless and until a use permit is secured from the planning commission. (Zoning ordinance dated 7/94 (part), 1994)

17.59.220 Signs not otherwise regulated.

A.    General Provisions. The following provisions apply to all signs expressing a political, religious or sociological viewpoint, including elections signs:

1.    No such sign shall be located upon any public street, alley, sidewalk, right-of-way, easement, or other governmental property.

2.    All such signs shall be erected, altered and maintained in accordance with the Uniform Building Code and the safety provisions set forth in Section 17.59.110 of this chapter.

3.    All such signs must be stationary and unlighted.

4.    Any freestanding sign shall be located at least five feet from any right-of-way line and may not encroach upon required parking or driveways.

5.    The posting of any sign regulated by this section shall not in any way effect a property owner’s right to erect signs permitted by other provisions of this chapter.

6.    Site and architectural design review board approval is not required. A sign permit is not required.

7.    Consent of Owner or Occupant. No sign regulated by this section may be posted without the consent of the owner or legal occupant of the premises on which the sign is posted.

8.    Area of Signs. No sign regulated by this section shall exceed thirty-two square feet of sign area, except that in the R-1 district the total sign area shall not exceed eight square feet.

9.    Signs in the R-1 District. The total area of all signs regulated by this section on any one property in the R-1, single-family residential district shall not exceed eight square feet. However, in this district, the number of such signs on any one property is not limited, provided the total area of all signs does not exceed eight square feet. All signs shall be freestanding, or attached to buildings, fences or windows of buildings.

10.    Signs in All Districts Other than the R-1 District. In all zoning districts except the R-1 district, signs regulated by this section shall be freestanding or attached to buildings, fences or windows of buildings. Any freestanding sign shall be placed only upon those vacant portions of a property which are not covered by structures, landscaping, parking areas or driveways. The total area of all signs on any one property which includes at least four thousand square feet of such vacant area shall be limited to not more than one square foot of sign area for each one hundred twenty-five square feet of such vacant area. For properties which include less than four thousand square feet of vacant area, each such property shall still be allowed up to thirty-two square feet of total sign area with no limitation upon the number of signs composing the thirty-two square feet.

11.    Time Limitations. Signs regulated by this section may be posted not more than sixty days prior to an event to which they pertain. All such signs must be removed within five days after the event to which they pertain or within sixty-five days of their initial posting, whichever occurs first.

12.    Responsibility for Removal. It shall be the property owner’s responsibility to remove all signs regulated by this section within the time limitations specified above, whether or not the owner has consented to the posting or construction of such signs.

B.    Greater Sign Area and Time Limitations Allowable Pursuant to Use Permit and Design Review Board Approval.

1.    Upon application to the planning commission for a use permit, a sign area greater than otherwise allowed by this section may be allowed so long as the planning commission finds, after receiving a recommendation from the site and architectural design review board, that:

a.    The sign will not materially conflict with the character of the neighborhood in which it will be displayed; and

b.    The value of property in the zone will not be significantly decreased by the erection or maintenance of the sign.

2.    Use permits for such signs shall be granted for a period of not more than one year. (Ord. 98-6 § 1, 1998)

17.59.230 Neighborhood signs.

Signs identifying a neighborhood or development not exceeding fifty square feet in area, may be permitted. Site and architectural design review board approval is required. A sign permit is required. (Zoning ordinance dated 7/94 (part), 1994)

17.59.240 Service stations.

In addition to the signing permitted under Section 17.59.180, service stations may be permitted to display two additional signs each of which shall not exceed sixteen square feet. Such signs shall be permanently affixed to the ground or a structure. Site and architectural design review board approval is required. A sign permit is required. (Zoning ordinance dated 7/94 (part), 1994)

17.59.250 Highway signs.

Commercially zoned properties having frontage on Highway 1 are declared to be sites of special significance and any and all signs and signing programs shall be approved by the planning commission or the city council on appeal. The site and architectural design review board shall act in an advisory capacity to the planning commission. The site and architectural design review board shall review, consider and make a recommendation to the planning commission concerning all such signs and signing programs. In considering a sign or signing program for a site of special significance, the following items shall be considered: the signing needs of the proposed use; and the location of the site in relation to the freeway access; the responsibility of the city to protect and preserve the natural beauty of Highway 1 while balancing the city’s need for a healthy highway-oriented visitor-serving industry. Any decision of the planning commission concerning a site of special significance may be appealed, in writing, within ten days of the decision of the planning commission. (Zoning ordinance dated 7/94 (part), 1994)

17.59.260 Signs for advertising purposes.

Unless otherwise provided in this chapter, no permanent sign shall be erected, constructed, placed, tacked, fastened, displayed, painted, posted, printed or otherwise where more than twenty-five percent of the area of such sign is used for advertising purposes. Seventy-five percent of the area of such signs shall be used solely for naming, designating or identifying the enterprise or calling. (Zoning ordinance dated 7/94 (part), 1994)

17.59.270 Signs in the Coastal Zone.

Notwithstanding any provision contained herein, all signs to be erected, constructed, placed, tacked, fastened, displayed, painted, posted, printed or otherwise in the Coastal Zone shall comply first and foremost with the provisions of the Marina local coastal program (LCP) along with the spirit and intent of this chapter. In the case of any conflicts between the documents, the provisions of the LCP shall prevail. It is anticipated that signs and signing programs will be considered as a part of the coastal permit process. (Zoning ordinance dated 7/94 (part), 1994)

17.59.280 Billboard signs.

(Reserved). (Zoning ordinance dated 7/94 (part), 1994)

17.59.290 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion is a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. (Zoning ordinance dated 7/94 (part), 1994)