CHAPTER 31.
SIGNS.

§ 31-1.    Definitions.

§ 31-2.    Permits.

§ 31-3.    Responsibility for Obtaining Permits.

§ 31-4.    Permit Application and Approval.

§ 31-5.    Issuance by Architectural Review Committee (ARC).

§ 31-6.    Appeal.

§ 31-7.    Standards.

§ 31-8.    Prohibited.

§ 31-9.    Exempt Signs (Ord 3363, 10/2005).

§ 31-10.    General Guidelines for Approval.

§ 31-11.    Repair.

§ 31-12.    Existing Signs.

§ 31-13.    Signs on Public Property

§ 31-14.    Special Permit and Temporary Signs

Sec. 31-1. Definitions.

(a)    Sign. A “sign” is any letter, number emblem, log, symbol, color, display or light, or any combination thereof, intended to identify or call attention to a premises or the name of a business; visible from the nearest public right-of-way or in a group of buildings, and legible from a distance of ten feet (10') or more.

(b)    Premises. A lot, building site, lease area of a building or lot, or other independent entity occupied by one business or residence. Each of the multiple tenants of an industrial park, shopping center, subdivision or condominium constitutes a separate premises for purposes of this Ordinance.

Sec. 31-2. Permit.

No sign, unless exempted by this Ordinance, shall be erected, or constructed without first obtaining a permit from the City of Monterey pursuant to this Ordinance.

Sec. 31-3. Responsibility for Obtaining Permits.

The owner of the property shall be primarily responsible for obtaining a permit and compliance with this Ordinance. The owner may authorize and delegate the authority and responsibility to a tenant holding a valid lease. All permits shall be signed by the owner of the land or his/her authorized agent.

Sec. 31-4. Permit Application and Approval.

All applications shall be submitted to the Department of Plans and Public Works on forms provided by the Department, and shall be accompanied by such graphic description, property description, material and/or color samples as may be required for adequate review. A fee, in an amount to be set by resolution, shall accompany each application. (Ord. 3424 § 1, 2009)

Sec. 31-5. Issuance by Architectural Review Committee (ARC).

The ARC shall review all permits as soon as feasible, and may approve, deny or approve with conditions. No permit shall be valid until the owner or authorized representative signs the permit stating that he/she understands the conditions of the permit, and agrees to comply with the permit as issued.

Sec. 31-6. Appeal.

All determinations of the ARC may be appealed to the Planning Commission and City Council as set forth in Article 28 of the Monterey City Code.

Sec. 31-7. Standard.

It is impractical for the City to set forth all standards for signs in detail with this Ordinance. The Architectural Review Committee, Planning Commission and City Council may adopt resolutions setting forth guidelines and standards for signs generally or for specific types of signs.

Sec. 31-8. Prohibited Signs.

The following signs are not allowed in any districts:

(a)    Signs on roofs.

(b)    Signs encroaching over the public right-of-way unless such encroachment is granted by a City Council permit upon the recommendation of the ARC.

(c)    Flashing, moving, rotating, reflecting, automatically changing, animated or blinking signs (except time and temperature signs).

(d)    Signs affixed to trees, shrubs, utility poles and the like.

(e)    Signs advertising products or services which are not available on the premises, or available by order through the business on the premises.

(f)    Signs directed on a Federal or State Highway.

(g)    Signs on any floor above the first floor unless approved by the ARC.

Sec. 31-9. Exempt Signs

The following signs are permitted without approval by the Architectural Review Committee (ARC) or other City body’ signs larger than those listed may be allowed by ARC permit on an individual basis.

(a)    All signs erected by the City, State or other political subdivision.

(b)    All signs required by law or court order.

(c)    Street number signs not exceeding two (2) per address and not exceeding one (1) square foot per premises in commercial and industrial areas, or 74 square inches in residential areas.

(d)    Directional signs within private property, of less than one (1) square foot each, which are not visible from a public street.

(e)    Any sign on a building not exceeding forty (40) square inches including affiliation and credit card signs, with not more than five (5) such signs per premises.

(f)    Political campaign signs.

(g)    Any sign protected by the Free Speech provisions of the United States and California Constitutions, not exceeding four (4) square feet of such signs per premises.

(h)    Menus on premises occupied by restaurants of the size normally used within the restaurants.

(i)    A nameplate not to exceed 72 square inches per premises.

(j)    Temporary real estate signs of a size, type, color scheme and information content approved categorically by the Architectural Review Committee.

(k)    Any non-electric sign or combination of non-electric signs located in or affixed to a window provided that such signs cover less than ten percent (10%) of the window that they are located in or affixed to. A window is an opening in a wall or door, functioning to admit light usually framed and spanned with glass. All exempt window signs shall be generally grouped together in the window to minimize window clutter.

(l)    Any poster sign that advertises a community event, program and/or activity.

(m)    Any single, one-color pennant, and contrasting color for printed text, attached to a ’for sale’ automobile at an automobile dealership provided the pennant does not exceed one (1) square foot and provided no other advertising is displayed on the automobile (Ord 3363; 10/2005).

Sec. 31-10. General guidelines for approval.

Signs shall be kept to a minimum size and number provided they shall be of adequate size and of such design and location as to give adequate notice to the public to be served by the commercial enterprise on the premises of the name, goods or services offered and location of the business. In reviewing sign applications, ARC shall consider the following:

(a)    The mode of transportation of the potential visitor; i.e., the pedestrian, vehicle, regular commercial delivery, etc.

(b)    The nature of signing in the area and the compatibility as to site, location on the premises, content, color, materials, design, etc. Signs in historic areas and on historic buildings, shall be minimized and shall be appropriate to an historic setting.

(c)    Lighting shall be only the minimum necessary to be visible at nighttime and shall not create a distraction or other hazard to vehicular traffic.

(d)    Wherever more than one business occupies a single structure or group of structures under one ownership, the ARC may require a signing program for the whole structure or group of structures.

(e)    Freestanding signs shall be discouraged but permitted when they are the only practical way to provide adequate signing.

(f)    Marquees shall be allowed only on places offering entertainment where changes in the entertainment offered make permanent signing impractical.

(g)    Prices and other detailed descriptions of merchandise sold or services offered should be avoided in signs, except in usual window displays.

(h)    Flags and banners should not be used for sign or attention-getting purposes, and use of the American flag should have patriotic rather than commercial signing functions.

Sec. 31-11. Repair.

Owners shall keep all signs in good repair and attractive condition. Repainting, replacement or repair of a sign to its original, permitted condition shall not require an additional permit or approval.

Sec. 31-12. Existing Signs.

Any sign approved by the City prior to the effective date of this Ordinance is lawful and may remain without a permit unless and until said sign is removed from the premises, modified or replaced. Any sign installed prior to the effective date of this Ordinance which was not approved by the City may be declared a nuisance and ordered abated unless a new approval is granted by the City based on conformity with standards. The above notwithstanding, all affiliation signs on lodging facility premises shall be made to conform to the standards adopted by the Architectural Review Committee, or shall receive a permit, on or before July 1, 1984 or shall be ordered abated.

Sec. 31-13 Signs on public property

(a).    No person shall erect, construct, paint, or display any temporary or permanent sign on improvements to public property within any street right-of-way area, including upon any street or traffic sign, street lamp pole, utility pole or any support for such pole, bench, hydrant, bridge, tree or shrub, or upon any other object located within the public street or sidewalk right-of-way unless excepted by other provisions of this Section.

(b).    No person shall erect, construct, paint, or display any temporary or permanent sign on public property within fifty (50) feet of any street intersection if the sign could interfere with the line of sight from vehicles or pedestrians using the streets or sidewalks.

(c).    No person shall erect, construct, paint, or display any temporary or permanent sign on public property in any manner which is unsafe or which could create a dangerous or hazardous condition upon the property or to users of adjacent property.

(d).    No person shall erect, construct, or display any temporary or permanent sign on public property which requires any support pole or post to be driven more than twelve inches (12") into the ground, or which may result in damage to any public property. No sign erected, constructed, painted, or displayed on public property shall interfere with normal maintenance and upkeep of the property, including routine watering, fertilizing, mowing, trimming, painting, and the like.

(e)    Notwithstanding any other provision of this Chapter, no sign, other than permanent identification signs placed by the City and signs associated with permitted special events that are allowed as a condition of the permit to remain for a limited duration in association with the event, shall be erected on the Colton Hall/City Hall grounds. As used herein, the term “Colton Hall/City Hall grounds” shall refer to that area bounded by Pacific, Madison, Dutra, King, Pierce, and Jefferson Streets.” Ord 3272, § 2; 12/99

(f)    Removal. Any sign posted or otherwise affixed in violation of this Section may be removed by employees of the City. Signs removed by City employees shall be impounded at the City Corporation Yard, and the owner of the sign shall be notified if possible and if ascertainable in a timely manner. Signs impounded by City may be retrieved by any person who can demonstrate ownership, provided that such sign is retrieved within fifteen (15) days of seizure. Signs not retrieved within fifteen (15) days shall be considered abandoned property and destroyed, discarded, or disposed in the discretion of City. Any person may appeal the decision to remove sign to the City Manager within five (5) days. The City Manager shall hold a hearing within five (5) days, and determine whether the sign was properly removed. The decision of the City Manager shall be final.

The City Manager may impose a civil penalty of up to Five Dollars ($5.00) per sign as a condition of release of confiscated signs if it is apparent that the violator knew, or should have known, that placement of the sign or signs on public property was dangerous or in violation of this section. Persons causing damage to any public property as a result of the erection of any temporary or permanent sign upon public property, legally or illegally, shall be responsible in damages to the City for the cost of any and all repairs, and shall be subject to the payment of reasonable costs, including attorney’s fees, for any action required to recover such damages.

(g).    Exceptions. This Section shall not prevent a public officer or employee from posting notices required by law, nor shall it apply to identification signs contained on newsracks, mailboxes, benches, approved banners on City installed banner poles, approved

holiday decorations on utility poles, or other improvements permitted by encroachment permit within the street right-of-way. This section shall not apply to signs carried by persons demonstrating, parading, or otherwise utilizing the public right-of-way for protected First Amendment activities.

Sec. 31-14. Special permit and temporary signs.

The following signs are permitted with approval of a permit issued by the Department of Plans and Public Works; signs larger than those listed may be allowed by an Architectural Review Committee (ARC) permit on an individual basis.

(a)    A one time only “Grand Opening” sign per street frontage (frontage shall mean building facades facing a street, facing a parking lot and/or facing a pedestrian mall) up to a maximum of two (2) signs, not to be displayed for more than thirty (30) days which shall require a permit issued by the Department of Plans and Public Works and signed by the business owner or manager. The maximum size of this sign shall not exceed the lesser of: 1/2 square foot for each foot of building facing a frontage or sixty (60) square feet. These signs shall be secured flat against the building or on a window and shall not be placed on or in the public right-of-way, be attached to public property, be attached to the roof, be internally illuminated, be electric or be neon.

(b)    One special banner or sign which may be displayed for a period not to exceed thirty (30) days and shall require a permit issued by the Department of Plans and Public Works and signed by the business owner or manager. This special banner or sign shall be secured flat against the building and shall not be placed over or in the public right-of-way, be attached to public property, be attached to a building wall that fronts on the Recreation Trail, be attached to the roof, be internally illuminated, be electric or neon. The special banner or sign shall not be larger than twenty (20) square feet in area. No more than one such permit shall be issued at one time to an individual business. However, no more than two (2) special banner or sign displays shall be permitted at one time on buildings with multiple tenants. The maximum total number of permits that may be obtained in any one calendar year is not limited; however, the total number of days allowed for display of these signs shall not exceed sixty (60) days.

(c)    One time only “Going Out of Business” sign per street frontage (frontage shall mean building facades facing a street, facing a parking lot and/or facing a pedestrian mall) up to a maximum of two (2) signs, which shall require a permit issued by the Department of Plans and Public Works and signed by the business owner or manager. The business is required to secure a “Going Out of Business Sale” license issued by the Finance Director under Section 15-3(a) and (b) of the Monterey City Code prior to this sign permit approval. The maximum size of the sign shall not exceed twenty (20) square feet in area. These signs shall be secured flat against the building or on a window and shall not be placed on or in the public right-of-way, be attached to public property, be attached to the roof, be internally illuminated, be electric or be neon.

(d)    Temporary window sign(s) may be displayed for a period not to exceed thirty (30) days and shall require a permit issued by the Department of Plans and Public Works and signed by the business owner or manager. These temporary signs shall conform with the following standards:

1.    The signs shall not be electric or neon.

2.    The signs, except for paint decals or vinyl letters, shall be attached inside the window.

3.    The colors shall not be luminous or contain phosphorescent substance.

4.    The signs are allowed on half (1/2) the windows on a frontage up to a maximum of two (2) windows. The signs in these windows shall not cover more than thirty percent (30%) of the window. All other windows on the frontage shall be free of signs unless the sign has been already approved as a permanent business identification sign by ARC permit.

5.    No more than one (1) such permit shall be issued at one time to an individual business.

6.    The total number of days allowed for display of any temporary signs exceeding 10% window coverage shall not exceed sixty (60) days in any one calendar year.

7.    A window shall mean an opening in a wall or door, functioning to admit light usually framed and spanned with glass.

8.    Frontage shall mean building facades facing a street, facing a parking lot and/or facing a pedestrian mall. (Ord. 3424 § 1, 2009)