Chapter 9-42 SIGNS AND ADVERTISING DEVICES

2. Encourage well designed consistent signage that is pleasing in appearance and compatible with community character while recognizing the commercial communication requirement of all sectors of the business community;

3. Ensure that signage does not present potential traffic and safety hazards to motorists and pedestrians;

4. Maintain the attractiveness of the community and enhance the character of the city as a place in which to live, work, play, and visit;

5. Promote the public health, safety, and general welfare of the citizens and business community of the city through quality sign standards;

6. Promote renovation and proper maintenance of advertising structures.

B. The intent and scope of this chapter is not to regulate:

1. Official traffic or safety signs;

2. The copy and message of signs except for size and scale, or content which may be obscene;

3. Product dispensers and point of purchase displays exterior to a building; provided, that the point of purchase displays do not provide signage;

4. Scoreboards on athletic fields, meeting parks and recreation facility plan regulations;

5. Flags of any nation, state, or local government or nonprofit, charitable, or philanthropic organization;

6. Gravestones, religious symbols, commemorative plaques, display of street numbers, or any display or construction not defined as a sign;

7. Signs owned or operated by the city or constructed or located on property owned, leased, or operated by the city, unless the city provides by contract or otherwise that the sign shall be constructed or operated in compliance with any or all provisions of this chapter.

(Ord. 2023-3 § 3; Ord. 98-8 § 2 (part): prior code § 9-25.010)

9-42.020 Definitions.

Definitions related to signs are incorporated within the definitions contained in Chapter 9-04 of this title. The definitions apply to all signage within the city.

(Ord. 98-8 § 2 (part): prior code § 9-25.020)

9-42.030 Permitted and prohibited signs.

Table 9-42.030 provides a list of permitted and prohibited signs by zone. Signs not contained in this matrix shall be considered as prohibited.

Table 9-42.030
SIGNS PERMITTED BY ZONES

Sign Type	Zones
Sign Type	ER	LDR	MLDR	MDR	HDR	OP	VC	FC	CC	MXU	NMU	C/PI	OS-1	OS-2	OS-3	PC	PCR
A-frame	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Addresses	E	E	E	E	E	E	E	E	E	E	E	E	E	E	E	E	E
Animated	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Audio	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Awning	X	X	X	X	X	P	P	P	P	P	P	X	X	X	X	X	X
Balloons (Small helium filled)	X	X	X	T	T	T	T	T	T	T	T	T	T	X	X	T	T
Banner	X	X	X	X	X	T	T	T	T	T	T	T	T	X	X	X	X
Bench	X	X	X	X	X	P	P	P	P	P	P	X	X	X	X	X	X
Billboard	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Bulletin board	X	X	X	P	P	P	P	P	P	P	P	P	P	X	X	P	P
Canopy	X	X	X	X	X	P	P	P	P	P	P	X	X	X	X	X	X
Center identification	X	X	X	X	X	P	P	P	P	P	P	X	X	X	X	X	X
Construction	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T
Directional	P	P	P	P	P	P	P	P	P	P	P	P	P	X	X	P	P
Directory	X	X	X	P	P	P	P	P	P	P	P	P	P	X	X	P	P
Emergency	E	E	E	E	E	E	E	E	E	E	E	E	E	E	E	E	E
Flag1 (nations)	E	E	E	E	E	E	E	E	E	E	E	E	E	X	X	E	E
Flashing	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Holiday decoration	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T
Building identification	P	P	P	P	P	P	P	P	P	P	P	P	P	X	X	P	P
Inflatable	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
LED	X	X	X	X	X	P	P	P	P	P	P	X	X	X	X	X	X
Marquee	X	X	X	X	X	P	P	P	P	P	P	P	X	X	X	X	X
Menu board	X	X	X	X	X	P	P	P	P	P	P	P	X	X	X	X	X
Monument	X	X	X	P	P	P	P	P	P	P	P	P	P	X	X	P	P
Neon	X	X	X	X	X	P	P	P	P	P	P	X	X	X	X	X	X
Noncommercial	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T
Off-site	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Pennant	X	X	X	X	X	T	T	T	T	T	T	T	X	X	X	X	X
Pole	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Political election	T	T	T	T	T	T	T	T	T	T	T	T	X	X	X	T	T
Portable	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Projecting	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Real estate	T	T	T	T	T	T	T	T	T	T	T	X	X	X	X	T	T
Riders	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Roof	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Rotating	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Suspended	X	X	X	X	X	P	P	P	P	P	P	X	X	X	X	X	X
Temporary	T	T	T	T	T	T	T	T	T	T	T	T	T	X	X	T	T
Time & temp.	X	X	X	X	X	P	P	P	P	X	X	X	X	X	X	X	X
Vehicle	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Wall	X	X	X	P	P	P	P	P	P	P	P	P	P	X	X	X	P
Window	X	X	X	X	X	P	P	P	P	P	P	X	X	X	X	X	X

1 Flags of nations, states or nonprofit, charitable or philanthropic organizations are only subject to height limits of the zone in which erected or displayed.

Notes: E = Exempt P = Permitted

T = Temporary X = Prohibited

(Ord. 2011-2 § 1 (Exh. A (part)): Ord. 2009-3 § 1 (Exh. A (part)); Ord. 98-8 § 2 (part): prior code § 9-25.030)

9-42.040 Permit requirements.

Except for political election and noncommercial signs, or signs identified in Section 9-42.270 of this chapter, no sign shall be erected, constructed, or altered, without obtaining necessary building or electrical permits, required by the city. The maintenance or repair of signs is exempt from this requirement. Political election and noncommercial signs shall comply with all other requirements of this chapter. (Ord. 98-8 § 2 (part): prior code § 9-25.040)

9-42.050 Maintenance standards.

All signs shall be properly maintained. Exposed surfaces shall be clean and painted, if paint is required. Defective parts shall be replaced. The Community Development Director shall have the responsibility to order repair or removal of any sign which is defective, damaged, or substantially deteriorated, as established by visual inspection. (Ord. 98-8 § 2 (part): prior code § 9-25.050)

9-42.060 Lighting requirements.

All lighting devices on signs, or providing illumination to a sign, shall not create glare, conflict with vehicular traffic, or spill over to adjacent land uses. Except where otherwise specified, signs may be internally or externally illuminated. Internal illumination includes any source from the interior of a sign, behind letters (back lighting), channel lighting, LED or neon, incandescent or fluorescent. Exterior illumination must be focused to illuminate only the face of the sign. External lighting shall be designed so as not to reflect glare or visually disturb surrounding land uses.

Illumination shall be considered excessive when it prevents the normal perception of buildings or structures beyond or in the vicinity of the sign or when it is disruptive to residential zones or any public or private right-of-way. Internally illuminated signs which use the technique known as “push through” as well as individually illuminated channel lettering or halo lighting are preferred. Externally illuminated freestanding and monument signs are preferred. The following limitations shall apply to all lighted signs:

A. Except for low intensity, internally illuminated directory or address signs, illuminated signs shall be prohibited in residential and open space zones.

B. Illuminated signs located within one hundred fifty (150) feet of any residential use shall not be illuminated between the hours of ten p.m. and six a.m.

C. Sign illumination shall not result in glare being directed toward surrounding properties or upon abutting streets.

D. Exterior lighting directed at a sign shall be shielded to ensure that the light is projected only upon the sign.

E. Flashing, twinkling, racing, rotating, or changing intensities of light value shall not be permitted on any electrical sign.

F. The intensity of any lighted sign shall not exceed a lumen value of 0.5 footcandles at ten feet from the sign or a maximum of four hundred thirty (430) milliamperes cool-white radiance or as otherwise approved by a master sign program.

G. Lighted signs shall not contain colors or symbols that create confusion or interfere with the observance of traffic safety lights or signage. (Ord. 2011-2 § 1 (Exh. A (part)): Ord. 98-8 § 2 (part): prior code § 9-25.060)

9-42.070 Location of signs.

Unless otherwise permitted by a master sign program approved under provisions of this chapter, signs shall comply with the following general placement standards:

A. All signs, unless otherwise provided for in this chapter, shall be erected upon the premises or property occupied by the person or business identified by the signs.

B. No sign, except those provided for herein, such as temporary signs for city sponsored special events, holiday decorations, or special civic advertisements, shall be erected in, over, or upon a public right-of-way.

C. Except as provided herein, no sign shall be attached to any public or private utility pole, light standard, item of street furniture, fire hydrant, or similar device except those required by law to regulate the public health, safety, and welfare or as required by any federal or state law or regulation related thereto.

D. Signs should not be placed in such a manner that the visibility of a sign on adjacent properties is obscured as viewed from a public or private right-of-way.

E. Signs shall not be placed in any manner that will interfere with the visibility of traffic safety signs, traffic lights, or the sight vision distance of any intersection whether of two streets or a street and private driveway.

F. All signs shall be securely anchored, attached, or affixed to the structure, support, or wall to which they are mounted.

G. With the exception of center identification and monument signs, no sign may be placed in any location not designated as part of the buildable area of a lot or parcel of land. No sign shall encroach upon or over the public right-of-way or extend beyond a property line, except as otherwise specified herein. Refer to Section 9-42.220 of this chapter for a discussion of monument sign provisions. (Ord. 98-8 § 2 (part): prior code § 9-25.070)

9-42.080 Height limits.

Permanent and temporary signs shall meet the limitations of this section.

A. No sign shall extend above the eave line or parapet of the building on which it is located.

B. No sign shall be erected or placed upon the roof of any structure or building.

C. Signage on multiple story buildings shall be restricted to the third story ceiling level and below except for high-rise identification signs which shall not be located above the parapet or roof line upon the wall area above the highest story of the building. Refer to Section 9-42.230 of this chapter for multiple story building signage provisions.

D. Sign height shall be measured from the ground (finished grade) directly below the sign to the highest point of the sign or its supports. Berming above the existing grade solely to enhance the height of any signs, is prohibited. When signs are constructed on hillsides or embankments where the sign supports are at varying lengths, height shall be measured from the horizontal grade at the mid-point of the sign. The height of a sign will be computed as the distance from the base of the sign at grade to the top of the highest attached component of the sign including its support structure when attached to other than a building wall or awning, excluding any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

E. All signs placed adjacent to, suspended above, or over walkways, trails, or pedestrian ways shall have a minimum vertical clearance of eight feet between the bottom of the sign to surface level of the walkway or trail.

F. Any sign authorized by this chapter to be suspended over any public roadway, driveway, alley or other travel way for vehicle use shall have a minimum vertical clearance of fifteen (15) feet between the bottom of the sign and surface of the travel way. (Ord. 98-8 § 2 (part): prior code § 9-25.080)

9-42.090 Size, scale, and proportionality.

All signs shall be designed and constructed such that they are proportional to the wall area, building facade and or lot area upon which they will be displayed. Signs shall maintain compatibility with the vehicular or pedestrian viewer for which they are oriented thereby insuring proper scale. Sizes of signs shall be those as identified in Table 9-42.090, or as otherwise specified in Section 9-42.330 of this chapter.

Table 9-42.090
SIGN MATRIX

Sign Type	Sign Classification	Maximum Size	% of Building Frontage	% of Window	Maximum Height	Maximum Aggregate
Awning, canopy, marquee	P	.5 sq. ft. per lin. ft. of building frontage	Length limited to 35% of building face	N/A	15 ft.	N/A
Balloons	T	small helium filled	N/A	N/A	10 ft.	10 stringers; 10 balloons per stringer
Banner	T	24 sq. ft.	N/A	N/A	below parapet	24 sq. ft.; 1 banner per business
Bench	P	20 sq. ft.	N/A	N/A	3 ft. above sidewalk grade	N/A
Building directory	P	15 sq. ft.	N/A	N/A	6 ft. above sidewalk grade	N/A
Bulletin	P	8 sq. ft.	N/A	N/A	6 ft.	N/A
Directory	P	24 sq. ft.	N/A	N/A	8 ft.	N/A
Center identification	P	1 sq. ft. per lin. ft. of street frontage	N/A	N/A	20 ft.	400 sq. ft.
Construction	T	48 sq. ft.; 32 sq. ft. in residential and open space zones	N/A	N/A	8 ft.	N/A
Directional	P	4 sq. ft.	N/A	N/A	3 ft.	N/A
Flags, nonexempt	T	N/A	N/A	N/A	N/A	N/A
Identification:
Residential	P	2 sq. ft.	N/A	N/A	N/A	N/A
Commercial	P	3 sq. ft.	N/A	N/A	N/A	N/A
Menu sign	P	4 sq. ft.	N/A	N/A	N/A	N/A
Monument	P	40 sq.ft.	N/A	N/A	4 ft.	N/A
Pennant	T	2 sq. ft. each	N/A	N/A	10 ft.	100 linear ft.
Political election and noncommercial	T	16 sq. ft.	N/A	N/A	4 ft.	N/A
Suspended	P	4 sq. ft.	N/A	N/A	N/A	1 (per business)
Time & temperature	P	1 sq. ft. per lin. ft. of street frontage	N/A	N/A	20 ft.	40 sq. ft.
Wall	P	1 sq. ft. per lin. ft. of building frontage	Length limited to 70% of building face	N/A	top of parapet	150 sq. ft. (per business)
Window	P	20 sq.ft.	N/A	20%	N/A	N/A

Notes:

N/A = Not applicable

T = Temporary

P = Permanent

(Ord. 98-8 § 2 (part): prior code § 9-25.090)

9-42.100 Administration and enforcement.

The Community Development Director and Building Official shall have the authority to administer and enforce the provisions of this chapter and any related and applicable provisions of the city municipal code. (Ord. 98-8 § 2 (part): prior code § 9-25.100)

9-42.110 Application requirements.

The Planning Department shall provide and maintain a process to include relevant forms for applications for sign permits. Sign permits shall be of two varieties, those which are building permit issuances and those which involve approval of a master sign program.

An application for a sign permit shall be made in writing upon forms provided by the Building Department. The permit request shall be accompanied by plans and specifications for review and approval.

The plans will be reviewed by the Planning Department for compliance with applicable sign requirements. The Building and Safety Department will review plans for technical compliance with all building and electrical codes.

Sign program requirements contained in Section 9-42.160 shall be followed for master sign program reviews and approvals. (Ord. 98-8 § 2 (part): prior code § 9-25.110)

9-42.120 Required plan inclusions.

The plans which are required to be submitted for a sign permit must show the following:

A. The total sign area, dimensions, colors, materials, letter style, and size of the proposed sign;

B. The proposed copy to include letter height and style (exact type face to be used);

C. Method of illumination and denotation if the sign is U.L. approved;

D. The scale to which the plans are drawn;

E. The location of the subject sign within the project site;

F. Building architectural elevations depicting placement of the proposed signage, as well as any existing signs, on the building;

G. A color and material board may be required by the planning department on a case-by-case basis. This applies only to signs whose housing or structure had not been permanently affixed to its intended premises by November 13, 1998. (Ord. 98-8 § 2 (part): prior code § 9-25.130)

9-42.130 Permit fees.

Permit fees for sign permits and master sign plan applications shall be those adopted by resolution of the City Council. (Ord. 98-8 § 2 (part): prior code § 9-25.130)

9-42.140 Variance procedure.

Any applicant may submit a request for variance to sign standards set forth in this chapter for signage not included in a master sign program. The use of a variance to establish a sign or device which is strictly prohibited within the development code shall not be permitted. (Ord. 98-8 § 2 (part): prior code § 9-25.140)

9-42.150 Appeal procedure.

Denial of minor amendments to a master sign program may be appealed in accordance with the procedures outlined in Chapter 9-96. (Ord. 98-8 § 2 (part): prior code § 9-25.150)

9-42.160 Master sign program required.

A master sign program shall be required in any of the following situations:

A. For each new or remodeled center with three or more tenants on a single development site, regardless of parcelization;

B. For any new or remodeled single enterprise which proposes any combination of signs upon the site equaling three or more signs;

C. For any high-rise building, new or existing, that proposes signage revisions;

D. For any sign proposal that requests the use of exposed neon or LED to outline individual windows, roof lines, or buildings;

E. For any revision to a sign program previously approved. (Ord. 2011-2 § 1 (Exh. A (part)): Ord. 98-8 § 2 (part): prior code § 9-25.160)

9-42.170 Master sign program inclusions.

An application for a site development permit shall be required for a master sign program. Approval of the site development permit shall be in accordance with Chapter 9-92.

A master sign program shall consist of the following:

A. A comprehensive written and graphic plan depicting the relationship of the signs proposed with architectural and landscape elements of the development;

B. A map, drawn to scale, delineating the site and denoting the area to which the sign program or modification of an existing sign program will occur;

C. Plans, drawn to scale, including the following:

1. A site plan indicating the specific location of all existing and proposed signs within the area subject to the sign program;

2. Comprehensive plans depicting sign area, dimensions, colors, materials, letter style, letter height, method of illumination, and illumination intensity measured in footcandles or milliamperes for each sign type proposed for use under the plan;

3. Comprehensive architectural building elevational plans depicting the proposed sign placement upon the intended elevation;

4. The method of attachment for the proposed signs;

5. Proposed or revised landscape plans to show corrections and/or improvements related to the sign program;

D. The written portion of the plan shall identify special criteria and design issues that are different than standard sign criteria. Signs prohibited by this chapter shall be prohibited within sign programs as well;

E. Special sign varieties such as small helium filled balloons, pennants, flags, and banners may be approved as permanent signage under the master sign program. (Ord. 2011-2 § 1 (Exh. A (part)): Ord. 98-8 § 2 (part): prior code § 9-25.170)

9-42.180 Sign standards matrix.

Table 9-42.090 provides standards for the type, maximum number, aggregate area, maximum height of signs, and additional standards applicable to all permitted signs. For projects involving a master sign program, deviations from these standards may be granted by the Planning Agency based on design quality, creativity, and compatibility of the signage with the building architecture and surrounding land uses. This applies only to signs whose housing or structure had not been permanently affixed to its intended premises by November 13, 1998. (Ord. 98-8 § 2 (part): prior code § 9-25.180)

9-42.190 Computation of sign area.

A. Sign Area.

1. Sign area for typical or stylized can or cabinet signs generally used for wall, monument, center, or pylon signs will be calculated by drawing a rectangle, square or circle around the perimeter of the cabinet used to house the advertising display and calculating the area of that geometric pattern.

2. Sign area for free-formed logos and trademarks and independent channel letters shall be calculated by enclosing the independent symbols and/or letters compiled into individual words within a square, rectangle, circle, or other geometric shape comprised of a series of up to eight straight connected lines joined at ninety (90) degree angles and computing the area of that geometric shape.

3. Sign area for awning and window signs shall be calculated by drawing one box or rectangle around all the letters and symbols used to display the message and then computing the area of that geometric shape.

4. The sign area for a sign with two faces shall be computed by counting only one face of the sign, provided that both faces are parallel to each other and do not advertise separate uses or facilities. All other multiple faced signs shall be calculated by determining the area of each face and adding all faces together to get a composite total.

5. Where a sign structure or support is designed in such a manner to make the sign more noticeable or appear larger, as determined by the Community Development Director, the area of the structure or support shall be included in the sign area. This applies only to signs whose housing or structure had not been permanently affixed to its intended premises by November 13, 1998.

B. Building Frontage. For purposes of calculating permitted sign area, frontage shall be considered the width of the “storefront.” For buildings located on corners or freestanding buildings located in a commercial center, frontage shall be considered both the building length and width. This applies only to signs whose housing or structure had not been permanently affixed to its intended premises by November 13, 1998. (Ord. 98-8 § 2 (part): prior code § 9-25.190)

9-42.200 Temporary signs.

The use of temporary banners, pennants, special holiday decorations, and flags in conjunction with special events, grand openings, liquidation sales, real estate open house events, and special events of community-wide significance or seasonal events is subject to the limitations of this section in addition to those previously identified.

A. Banner/Pennant/Flag Signs and other Temporary Signage. The use of banners, pennants, flags, and other temporary signage to promote or advertise special events, civic activities, grand openings, holidays, and special seasonal sales is permitted subject to obtaining required permits from the city. The application procedures and requirements for temporary signs are contained in Chapter 9-92 of this title. In addition to temporary sign permits, signs which intend to encroach within, on, or over the public right-of-way shall obtain an encroachment permit from the Public Works Department.

1. A center and/or individual business may be granted a permit to display on-site banners, pennants, and flags for a maximum of forty-five (45) days within a twelve (12) month aggregate period. Time can be accrued in any multiple of consecutive days, up to a maximum of fifteen (15) separate events/occasions, up to a maximum of forty-five (45) days.

2. Banner, pennant, and/or flag signs attached to a building shall not exceed a total aggregate area equal to one square foot per lineal foot of building frontage or an area of twenty-four (24) square feet, whichever is less. Banners erected on approved guywires and standards over public streets or upon public facilities shall not exceed one hundred (100) square feet.

3. Banners, pennants, and/or flags shall be erected or placed only upon the site in which they are intended to advertise. No off-site banners, pennants, and flags shall be permitted except those related to community wide events of significance.

4. No banner, pennant, or flag shall cover more than fifteen (15) percent of the total window area on the building elevation on which they are located, nor shall such temporary signage in concert with permitted permanent window signs exceed forty (40) percent coverage of any window area.

5. The number of pennants and/or flags proposed in conjunction with a temporary use shall be subject to the criteria contained in Table 9-42.090.

6. The design and location of banners, pennants, and/or flags shall compliment rather than detract from site design, architectural and landscape design, and existing permanent signage. Use of any individual location on a site for the display of numerous individual banners, so that said location effectively becomes a permanent location for the display of banners, pennants, and/or flags, is expressly prohibited.

7. Copy shall be limited to wording advertising promotional events including seasonal events, business name, or similar message to identify the event or purpose of the temporary sign.

B. Political/Election Signs. Political/election signs, including their supporting structures, shall be permitted on private property and/or public right-of-way in all zoning districts provided that:

1. No person shall install or maintain or cause to be installed or maintained any sign which simulates or imitates in size, color, lettering, or design any traffic sign or signal, or which makes use of the words, “Stop,” “Look,” or “Danger,” or any other words, phrases, symbols, or characters in such a manner as to interfere with, mislead, or confuse traffic.

2. No person shall affix a sign on any public building, street, median, island, sidewalk, traffic signal, utility pole, traffic control device, or tree. Signs are permitted in the landscaped public parkway or public slope area, as long as the sign is two feet from the sidewalk or curb face.

3. Political signs shall not be placed earlier than sixty (60) days prior to the election for which intended, nor remain in place longer than ten days post election.

4. The city may remove signs and store for thirty (30) days signs which otherwise violate this chapter. The property owner shall be notified in writing upon removal by the city and shall have the right to retrieve the sign within thirty (30) days. If a sign is not claimed after thirty (30) days, the city may discard the sign.

5. The city may remove and discard ten days post election any signs posted within the permitted portion of the public right-of-way. Not withstanding the foregoing, any political election sign which is located on public property in violation of this chapter, may be immediately removed by the city.

6. Nothing in this subsection is intended to permit the installation of signs without permission of the property owner.

C. Noncommercial Signs. Noncommercial signs shall be permitted upon any private property in all zoning districts. Noncommercial signs shall be subject to the following:

2. No illumination shall be provided.

3. Signs shall not extend into any public right-of-way adjacent to the property on which displayed.

4. Nothing in this subsection C is intended to permit the installation of signs without permission of the property owner.

D. Construction Signs.

1. The information and copy on construction signs shall be limited to the name of the project and may denote the firm(s) working on the construction project and any governmental agency or funding source used for the project.

2. Sign area for construction signs shall not exceed thirty-two (32) square feet in residential and open space zones or forty-eight (48) square feet in commercial and industrial zones.

3. Construction signs shall be installed subject to an approved permit and shall be removed upon project completion.

E. Open House, Garage/Yard Sale Signs. Open house, garage/yard sale signs shall be limited to two signs per site and one sign per each change of direction for each open house, garage/yard sale at intersections within the tract and one sign placed at each entrance to the tract. No sign shall be placed upon any private property without the consent of the owner.

For open house signs, the entrance sign shall be in any combination of green and white, or a generic homeowners association sign approved by the Community Development Director, and shall bear the copy “OPEN HOUSE” with an arrow pointing in the appropriate direction. For garage/yard sale signs, entrance sign copy shall be limited to “GARAGE/YARD SALE” and not include the property address. Each sign shall be firmly affixed to a support stake and shall not exceed a height of four feet, and an area of four square feet. Signs may be displayed during the time of the open house but shall not exceed the period between dawn and dusk daily. Open house signs may be located in the public right-of-way, but shall not be attached to fire hydrants, traffic signals, or utility poles, nor placed in any area that may otherwise inhibit or interfere with vehicular or pedestrian traffic.

Garage/yard sale signs shall only be permitted on the day and during the hours of the event and shall not be attached to fire hydrants, traffic signals, or utility poles, nor placed in any area that may otherwise inhibit or interfere with vehicular or pedestrian traffic nor encroach in a public right-of-way.

F. Real Estate Signs. The copy of these signs shall be limited to information relating to the sale, lease or rental of the premises on which the sign is located. A maximum of one sign per building site is permitted. The display of a real estate sign, for single-family properties, is restricted to the front yard of the property for sale. The maximum area of a sign shall not be greater than six square feet with a maximum height of six feet. These signs shall be removed upon the close of escrow or when lease or rental has been accomplished.

G. Nonprofit Community Service Organization Special Event Signs. Subject to a written request, a no-fee permit for a temporary banner may be granted by the Community Development Director for a one week period or less, to certified nonprofit community service organizations, for an event which will benefit the community, or general public.

(Ord. 2001-8 Exh. A: Ord. 98-8 § 2 (part): prior code § 9-25.200)

9-42.210 Sign materials, design, and construction.

All signs shall be constructed of permanent materials, including but not limited to, metal, Plexiglass, Lexan, wood, acrylic, or other comparable durable materials. No material more combustible than treated wood shall be used in the construction of any permanent sign. To the extent possible, all signs should be weatherproofed.

Signs should be consistent with professional graphic and structural standards. Any sign support or attachment device used in the construction of any sign shall be reviewed as part of the sign application. Brackets or other structural elements that contribute to the architecture or in any way contribute to the advertisement of a business shall be calculated as part of the aggregate area of signage permitted for the site. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity. Sign colors, materials, and textures should be selected that provide a contrast but not clash between the background color(s) and the lettering. Artistic, creative or unique signage is encouraged. (Ord. 98-8 § 2 (part): prior code § 9-25.210)

9-42.220 Monument and center identification signs.

A. This applies only to signs whose housing or structure had not been permanently affixed to its intended premises by November 13, 1998.

B. For commercial centers, up to one monument sign per driveway apron shall be permitted, with a minimum separation of seventy-five (75) feet between monument signs, subject to the size limitations specified in Table 9-42.090 of this chapter. A separation of seventy-five (75) feet shall also be maintained between center identification and monument signs.

Monument signs shall be setback a minimum of five feet from the public right-of-way.

C. Center identification signs may identify up to two anchor tenants, subject to the size limitations specified in Table 9-42.090 of this chapter. The name of the center shall constitute at least one-half of the total allowable sign message area. Tenant identification shall be secondary in appearance to the center identification. This may be accomplished through the use of smaller lettering, color, or other means deemed appropriate by the Community Development Director. (Ord. 98-8 § 2 (part): prior code § 9-25.220)

9-42.230 Multiple story building signage.

This applies only to signs whose housing or structure had not been permanently affixed to its intended premises by November 13, 1998. High-rise identification signs shall be limited to one company name per building.

Secondary signage on multiple story buildings shall be permitted below the second floor, except that if the building has a two-story lobby, secondary signage shall be permitted between the second and third floors above the lobby. In no event shall there be more than four secondary signs per building. An individual tenant may have no more than one secondary sign per building elevation. In the case of buildings that are three or fewer stories, secondary tenant signs shall be limited to two signs per building elevation and shall not be located on any building elevation in vertical (stacked) alignment.

Secondary tenant signs shall be located at or adjacent to the entrance of the building, or in a position to be seen by pedestrians and by those in nearby parking areas and drive aisles. (Ord. 98-8 § 2 (part): prior code § 9-25.230)

9-42.240 Light-emitting diode and neon signs.

This section applies to exposed neon signs whose housing or structure had not been permanently affixed to its intended premises by November 13, 1998, and to the use of exposed LED, or similar lighting technology, in a manner that constitutes a sign. The use of exposed neon or LED will be considered on a limited basis subject to the issuance of a sign permit. The use of exposed neon or LED signs shall be evaluated against the following criteria:

A. The use of exposed neon or LED signs shall be permitted only in commercial districts. Further, the use of exposed neon or LED signs shall be prohibited if located and visible within one hundred fifty (150) feet of any residentially zoned property.

B. The use of exposed neon or LED to outline individual windows, roof lines or buildings is permitted subject to approval of a master sign program.

C. Signage shall be compatible with other signs displayed for the business and building, through the use of similar colors and design styles.

D. The use of colors that are complementary to the building design is encouraged. Brighter colors of the spectrum should be avoided, or utilized on a limited basis. The colors white and clear are preferred.

E. Signage shall be designed to enhance a stylistic architectural theme, or create a unique quality or character that distinguishes a business in a manner that is compatible with the overall community character.

F. Exposed neon or LED lettering styles should be consistent with the style of any other sign lettering associated with the business. (Ord. 2011-2 § 1 (Exh. A (part)): Ord. 98-8 § 2 (part): prior code § 9-25.240)

9-42.250 Suspended signs.

This applies only to signs whose housing or structure had not been permanently affixed to its intended premises by November 13, 1998. One suspended sign per business frontage is permitted subject to the following provisions:

A. The sign shall not be more than six inches thick, nor less than one-half inch thick, except as reasonably required in connection with some graphic element of the sign.

B. The sign shall not exceed four square feet of area (maximum sixteen (16) inches high by three feet long).

C. The bottom of the sign shall not be less than seven feet above any pedestrian walkway (and not above any vehicular passageway).

D. Suspended signs shall not be internally illuminated.

E. The design of the sign shall be compatible with the architectural style of the building and shall be in proportion and scale with the space upon which it is mounted. (Ord. 98-8 § 2 (part): prior code § 9-25.250)

9-42.260 Prohibited signs.

The following types of signs are prohibited:

A. Flashing, moving, animated, and intermittently lighted signs and advertising devices including animals and human beings, excluding public service signs such as time and temperature signs and traditional barber shop poles;

B. A-frame, sandwich board and portable freestanding signs;

C. Roof signs;

D. Signs which project from a wall more than twelve (12) inches, or which project from a support structure within or over the public right-of-way or adjacent private property. This applies only to signs whose housing or structure had not been permanently affixed to its intended premises by November 13, 1998;

E. Changeable copy signs with the exception of signs intended for the advertisement of civic activities, marquees, and menu boards;

F. Off-site signs and other similar signs installed for the purpose of advertising a project, subject, or business unrelated to the premises upon which the sign is located, inclusive of billboards, but exclusive of garage/yard sale, open house signs, and noncommercial signs as permitted by this chapter;

G. Vehicular signs except those affixed to a public transit or franchised transit service. This includes signs attached by any means to automobiles, trucks, trailers, or other vehicles on private or public property for the purpose of advertising, identifying, or providing direction to a use or activity not related to the lawful use of the vehicle for rendering service or delivering merchandise;

H. Obscene or unlawful signs;

I. Pole signs exceeding six feet in height;

J. Audible signs or advertising devices;

K. Inflatable signs and advertising devices except for small helium filled balloons;

L. Riders on signs and menu boards;

M. Captive balloons such as blimps, hot air balloons, or similar devices;

N. Any sign erected in such a manner that any portion of the sign or its support is attached to or will interfere with any free use of any fire escape exit or will obstruct any stairway, door, ventilator, or window except as permitted by this chapter;

O. Any sign or sign structure which is structurally unsafe or constitutes a hazard to the health, safety, or welfare of persons by reason of design, inadequate maintenance, or dilapidation;

P. Any sign erected or attached to any tree, utility pole, or traffic control pole or box within any public right-of-way;

Q. Permanent signs attached to windows, exceeding twenty (20) percent of the total window area;

R. Signs within the public right-of-way except those required by law for traffic control, information and hazard identification except as allowed by this chapter. (Ord. 98-8 § 2 (part): prior code § 9-25.260)

9-42.270 Exempted signs.

The application and permit requirements of this chapter shall not apply to the following signs:

A. Directional or informational signs other than information and regulatory signs for traffic purposes provided they are:

1. Each no more than four square feet in area,

2. Contain no advertising message, and

3. Are located entirely on the business premises;

B. Real estate signs, open house signs, garage/yard sale signs, provided they are erected in conformance with the provisions as outlined in this chapter;

C. Signs for the convenience of the public, such as signs identifying restrooms, public telephones, walkways, and similar features or facilities;

D. Memorial signs, tablets, or plaques of an historical nature including names of buildings or sites and dates of erection, when cut into or attached to the surface or the facade of the building;

E. Signs exclusively regulated by the state, traffic or municipal signs, signs required by law, railroad crossing signs, legal notices, and hazard or danger notices;

F. Emergency, temporary, and nonadvertising signs as may be authorized by the City Council, including city-sponsored seasonal and promotional banners;

G. Signs of public utility companies and private contractors indicating a warning or which serve as an aid to public safety or which show the location of underground facilities;

H. Street addressing, house numbers, nameplates, “No Trespassing,” “No Parking,” and similar warning signs;

I. Signs located in the interior of any building or business which are not visible from any public or private right-of-way;

J. Flags of nations, flags of states, and/or flags of nonprofit service organizations or philanthropic organizations except for height limits;

K. Holiday signs and lights within any zone so long as they are removed following the close of the holiday period as determined by the Community Development Director;

L. Public art that does not convey a commercial message and is not primarily intended to draw attention to a commercial enterprise;

M. Special event signs on city-installed banner poles or kiosks;

N. Changeable copy or message portion of a theater marquee sign;

O. Building identification signs that are built-in (permanent, maintenance free signage) constructed as an integral part of the building fabric not exceeding a maximum of fifteen (15) square feet. Freestanding signs or signs integrated into freestanding structures other than the primary building do not constitute building identification signs;

P. Storefront windows or display cases that include merchandise, and do not include signs representing more than the allowable window sign area indicated in Table 9-42.090, including, but not limited to, painted window signs or temporary promotional signs. (Ord. 98-8 § 2 (part): prior code § 9-25.270)

9-42.280 Abatement of signs in public right-of-way and unsafe signs.

All illegal signs, as defined by this code or other applicable law, located in the public right-of-way shall be subject to removal pursuant to the provisions of this section. Any sign or advertising device which, in the discretion of the city’s Traffic Engineer, Building Official, Code Enforcement Officer, or other appropriate official, is deemed to pose an immediate threat to the public health or safety shall also be subject to removal pursuant to the provisions of this section.

Any illegal sign located within the public right-of-way and any sign deemed to pose an immediate threat to the public health or safety may be summarily abated by the immediate removal of said sign. If removed from private property, the city’s cost of summary abatement may be assessed against the property owner. The property owner, or the sign owner, if known, shall be notified of the summary abatement in writing. The city shall maintain the sign for a period of thirty (30) days after the date of the written notice, during which time the property or sign owner may reclaim the sign by payment of the city’s cost of abatement. Any signs unclaimed within said thirty (30) day period may be discarded by city. (Ord. 98-8 § 2 (part): prior code § 9-25.280)

9-42.290 Legal nonconforming on-site signs.

All legal nonconforming on-site signs, as defined by this code, shall be subject to abatement pursuant to this chapter. Off-site legal nonconforming signs, as defined by this code, shall be subject to abatement pursuant to the provisions of California Business and Professions Code Section 5200 et. seq. All legal nonconforming signs shall be maintained in good repair, and subject to the following:

A. Permits shall be required whenever major repair to electrical, support, or structural members of the sign are necessary or change of copy is desired. Permits shall not be required for simple light bulb changes, touch-up painting or similar general small repairs or cleaning.

B. Signs shall be maintained free of all defects, including but not limited to, cracking, peeling, and rusting. Legal nonconforming on-site signs which are not properly maintained shall be deemed a public nuisance.

C. Copy shall not be changed to advertise an off-site activity or business.

D. No structural or electrical expansion is permitted unless such expansion is sought pursuant to city permit, and the sign owner agrees to bring the sign into conformance with all current provisions of this code and other applicable state or city regulations.

E. No sign shall be reestablished after the business to which the sign relates has been discontinued for a period of ninety (90) consecutive days or more.

F. No sign shall be reestablished after damage or destruction equal to or greater than fifty (50) percent of the original value of the sign.

Whenever the size or configuration of a parcel, building or tenancy is changed by the subdivision of the property, building addition, remodel or demolition, or whenever there is a major renovation of the site upon which a legal nonconforming sign is located, all signs on the affected portion of the property shall be reevaluated for conformance with this chapter. Any signs rendered nonconforming as a result of said subdivision, building addition, remodel or demolition shall be subject to abatement pursuant to the provision of this chapter.

G. When property owners request permits for major expansion, alteration or remodel, as determined by the Community Development Director, approval shall be contingent upon the removal of all legal nonconforming signs. (Ord. 98-8 § 2 (part): prior code § 9-25.290)

9-42.300 Inventory of existing on-site illegal and abandoned signs.

Within six months after the date of adoption of this chapter, the city shall cause an inventory of then existing illegal and abandoned on-site signs, as defined by this code, located within the city. Thereafter, the city shall, within sixty (60) days, commence abatement by removal of said signs pursuant to the provisions of this chapter. The City Council may, by resolution, establish a reasonable fee to be assessed upon all owners or lessees of on-site advertising signs for the purpose of covering the city’s actual costs of inventorying and identifying illegal signs within the city. (Ord. 98-8 § 2 (part): prior code § 9-25.300)

9-42.310 Abatement procedures.

A. This section sets forth abatement procedures which may be used by the city to cause the removal or correction of illegal on-site signs, legal nonconforming on-site signs which are not maintained in accordance with Section 9-42.290 of this chapter, and other legal nonconforming on-site signs that the city, in its discretion, determines to remove or correct. However, this section is not intended to establish the exclusive procedure for abating such signs. As an alternative to the procedures set forth in this section, the city may utilize any procedures established for the abatement of a public nuisance. Notwithstanding the provisions of this section, the city may use the procedure in Section 9-42.280 of this chapter for removing illegal signs from the public right-of-way or removing unsafe signs on private property.

1. Notice Required. A notice of violation and order to abate or notice of order to abate shall be provided to the tenant, business owner and/or property owner by first class mail. The notice shall identify the business, owner of record, address of the business, and a statement setting forth the nature of the violation or reason for abatement. The notice shall require that the sign be abated, either by removal or by compliance with the provisions of this chapter, within thirty (30) days from the date of the notice. The notice shall also advise the tenant, business owner and/or property owner of his or her right to appeal the notice and order to the Community Development Director for an administrative hearing. A copy of the notice and order shall be posted in a conspicuous location on the property.

2. Appeal. Any person receiving a notice of violation and order to abate or a notice of order to abate may appeal such notice and order to the Community Development Director by submitting a written request for an administrative hearing to the Community Development Director prior to the expiration of the thirty (30) day abatement period set forth in the notice and order.

3. Administrative Hearing. Within thirty (30) days after receipt of a request for hearing, the Community Development Director, or his or her designee, shall conduct an administrative hearing to:

a. Determine whether the sign in question is a sign subject to abatement pursuant to this code; and

b. If it is determined that the sign is subject to abatement, establish an appropriate time frame for abatement.

4. Appeal of Hearing Officer’s Determination. Any determination of the hearing officer may be appealed by the sign owner or property owner to the Planning Agency in the same manner as any other administrative decision of the Community Development Director authorized by this Code.

5. Abatement Order. At the conclusion of the administrative hearing, or any appeal therefrom the Community Development Director, or Planning Agency in the case of a second appeal, shall issue a written notice to comply to the tenant, business owner and/or property owner. The notice shall identify the sign to be abated, the reason for abatement, the manner of abatement required (removal or correction) and the date by which the abatement must be completed. The notice shall contain advisory language stating that the business and/or property owner may be liable to the city for the reasonable cost of abatement should the business and/or property owner fail to abate the sign within the time permitted by the notice. Should the business owner or property owner fail to abate the sign within the time permitted by the notice, the city may enter onto the property and remove the sign, assessing all reasonable costs thereof as a lien against the property.

B. As an alternative to the above procedures, the city may utilize the procedures set forth in Business and Professions Code Section 5499.1 et seq. for abatement of illegal on-site signs identified on the inventory undertaken pursuant to Section 9-42.300 of this chapter. These procedures are as follows:

1. Resolution. The City Council may declare by resolution all illegal on-site signs located within the city to be public nuisances. The resolution shall describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the latest documents available from the County Assessors Office, or by providing the street address if known. Any number of parcels of private property may be included in one resolution.

2. Notice of Hearing. Prior the adoption of the resolution by the City Council, the City Clerk shall provide at least ten days written notice to all persons owning property described in the proposed resolution, as established by the last equalized assessment roll available on the date the notice is prepared. The notice shall state the date, time, and place of the hearing and generally describe the purpose of the hearing and nature of the illegality of the sign.

3. Notice of Resolution. After adoption of the resolution declaring the illegal signs to be public nuisances, the city shall cause notices to be conspicuously posted on or in front of the property on or in front of which the illegal on-site sign exists. The notice shall be in substantially the following form:

NOTICE TO REMOVE ILLEGAL SIGN

Notice is hereby given that on the _____ day of _______, 199____, the City Council of the City of Laguna Hills adopted a resolution declaring that an illegal sign is located upon or in front of this property, and that said sign constitutes a public nuisance which must be abated by removal of the illegal display. Otherwise, the sign will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the sign is removed, and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of the resolution is on file in the office of the City Clerk.

All property owners having any objection to the proposed removal of the sign are hereby notified to attend the meeting of the City Council of the City of Laguna Hills to be held on _______, (date, time and place) when their objections will be heard and given due consideration.

Dated this _________ day of ________, 199___.

____________________________

Title:________________________

CITY OF LAGUNA HILLS

The above described notice shall be posted at least ten days prior to the date of the hearing established in the notice.

In addition to the posted notice, the City Clerk, or his or her designee, shall mail written notice of the proposed abatement to all persons owning property described in the resolution. The address of the owners as shown on the latest equalized assessment roll shall be conclusively deemed to be the proper address for purposes of mailing said notice. The notices shall be mailed at least ten days prior to the time established for the hearing of objections by the City Council.

4. Hearing on Objections. At the time stated in the notice, the City Council shall hear and consider all objections to the proposed removal of illegal on-site signs. At the conclusion of the hearing, which may be continued from time to time, the City Council shall uphold or overrule any objections. The decision of the City Council shall be final. If objections have not been made, or if the City Council has overruled objections made, the City Council shall order appropriate city officials to abate the nuisance by having the display removed. The order for abatement may be made by motion or resolution.

5. Abatement. Appropriate officials of the city, or a contractor hired for that purpose, may enter onto private property to abate the public nuisance.

6. Costs of Abatement. The City Council may, by motion or resolution, order that a special assessment and lien equal to the costs incurred by the city in enforcing the abatement, including investigation, boundary determination, measurement, clerical, and other related costs, be imposed upon the property. No special assessment shall be made unless the city, or its contractor, keeps an account of the costs of abatement for each property. An itemized written report showing said costs shall be submitted to the City Council for consideration. Prior to submission to the City Council, the report shall be posted for at least three days on or near the exterior door of the Council Chambers, with notice of the date and time at which the report will be submitted to the City Council. At the time fixed for receiving and considering the report, the City Council shall hear any objections of the property owners liable to be assessed for the abatement. The City Council may modify the report if deemed necessary. The City Council shall then confirm the report by motion or resolution. Once confirmed by the City Council, the special assessment shall constitute a lien against the property, and a copy of the confirmed report shall be provided to the County Assessor and Tax Collector. (Ord. 98-8 § 2 (part): prior code § 9-25.310)

9-42.320 Compensation.

A. Prior to ordering that any on-site sign which has been designed, constructed, created, intended, or engineered to have a useful life of fifteen (15) years or more be abated by removal, or its customary maintenance, use or repair limited, the city shall pay the owner thereof just and fair compensation. Just and fair compensation shall be deemed to be the greater of:

1. The actual cost of removal of the sign, the actual cost to repair any damage caused to the real property or improvements as a result of the removal of the sign, and the actual cost to duplicate the sign required to be removed as of the date written notice requiring removal is given; or

2. The actual cost for removal of the sign, the actual cost of repair to the real property caused by the removal of the sign, and the actual replacement cost to the owner for a conforming on-site sign.

B. Compensation shall not be required prior to the issuance of an order requiring the abatement by removal or requiring any limitation on the customary maintenance, use or repair of any of the following:

1. Illegal signs;

2. Any sign whose use has ceased, or the structure upon which the sign is located has been abandoned for a period of at least ninety (90) days;

3. Any sign which has been more than fifty (50) percent destroyed, where the sign cannot be repaired within thirty (30) days of the date of its destruction;

4. Any sign whose owner, outside a change of copy, requests permission to remodel the sign or expand or enlarge the building or land use upon which the display is located, and the sign is affected by the construction, enlargement or remodeling, or the cost of construction, enlargement, or remodeling of the advertising sign exceeds fifty (50) percent of the cost of reconstruction of the building;

5. Any sign whose owner seeks relocation of, and actually relocates the sign;

6. Any sign for which there has been an agreement between the owner and the city for its removal as of any given date;

7. Any sign which is temporary or which has been designed, constructed, created, intended, or engineered to have a useful life of fourteen (14) years or less;

8. Any sign which is or may become a danger to the public or which is unsafe; or

9. Any sign which constitutes a traffic hazard not created by relocation of streets or highways by the city or other public entity. (Ord. 98-8 § 2 (part): prior code § 9-25.320)

9-42.330 Special sign regulations.

A. Window signs posted to denote Lotto availability, credit card acceptance, or the presence of an ATM may be displayed provided that these types of signs not exceed a total of four square feet and are only attached to the door or one window in a convenient location for customer visibility.

B. Signs suspended within a window area shall be considered as a portion of the aggregate sign area of the business and shall be treated similar to wall signs for computation purposes and shall not exceed the coverage criteria for the window in which displayed.

C. Aggregate sign area for a building includes all wall, awning, under canopy, and window signs used to identify the business.

D. A parapet and/or the wall above a mansard shall be considered a permissible mounting location for a sign provided such wall or parapet is an extension of a structural building wall. No architectural appendage or wall may be created solely to serve as a sign mounting location.

E. Trademark and logo usage shall be governed by federal or state laws related to their display, control, or modification. Unless specifically provided evidence to the contrary, these signs will not be exempt from design criteria, size computation, and aggregate sign values required in this code.

F. A drive-in, drive-through, or take out restaurant is allowed two menu boards not exceeding sixteen (16) square feet each in area exterior to the building and oriented away from the public street. These signs may be illuminated and shall be in addition to other allowable sign area.

G. Service stations are allowed not more than two additional signs for the purposes of identifying and displaying price information for gasoline varieties, provided that such signs not exceed fourteen (14) square feet, are permanently mounted, and do not interfere with sight vision triangle areas at street and driveway intersections and do not contain other product advertising.

In addition to the special provisions for gas station price signs, the following criteria shall be applied to gas station signage due to the site development characteristics and canopy/building design associated with such uses:

1. Total maximum sign area, excluding any exempt signs, shall be calculated based on the standards presented in Table 9-42.090 of this chapter, but shall not exceed an aggregate area of one hundred seventy-five (175) square feet, including, but not limited to, signage on walls, windows canopies, pumps, and spanners.

2. The determination of maximum allowable sign area for corner lots shall be based upon the length of both frontages.

3. Internally illuminated canopies, spanners, or building fascias shall be counted toward total aggregate sign area. (Ord. 2002-1 § 5; Ord. 98-8 § 2 (part): prior code § 9-25.330)