Chapter 6
SIGNS*

Sections:

Article 1. General

8-6.101    Definitions.

8-6.102    Prohibited advertising: Signs painted on buildings.

8-6.103    Area of signs.

8-6.104    Height limitations.

8-6.105    Location limitations.

8-6.106    Clearance over utility lines.

8-6.107    Identification and information required to be posted on signs.

8-6.108    Design generally.

8-6.109    Obstructing doors, windows, and fire escapes prohibited.

8-6.110    Traffic hazards: Signs constituting prohibited.

8-6.111    Artificial lighting: Production of glare prohibited.

8-6.112    Obscene matter.

8-6.113    Maintenance generally.

8-6.114    Materials required in construction.

8-6.115    Nonstructural trim.

8-6.116    Vehicular signs restricted.

8-6.117    Nonconforming signs.

8-6.118    Subdivision signs.

8-6.119    Political signs.

8-6.120    Agricultural, commercial, and industrial districts.

8-6.121    Residential and professional districts.

8-6.122    Planned unit districts.

8-6.123    Off-site advertising signs: Use permits therefor.

8-6.124    Projecting signs: Over public rights-of-way.

8-6.125    Projecting signs: Thickness.

8-6.126    Projecting signs: Minimum clearance.

8-6.127    Projecting signs: Extension over curb lines.

8-6.128    Roof signs.

8-6.129    Combination, pole, and fin signs.

8-6.130    Wall Signs: Extension and projection.

8-6.131    Wall signs: Height.

8-6.132    Clock signs.

Article 2. Permits Required and Exemptions

Division A. Permanent Signs

8-6.201    Permits required.

8-6.202    Fees: Generally.

8-6.203    Applications: Information required.

8-6.204    Issuance.

8-6.205    Exemptions.

Division B. Temporary Signs

8-6.206    Temporary signs and issuance of permits therefor.

8-6.207    Time extensions.

8-6.208    Temporary or special sign permits for civic, merchant groups, and religious, charitable or educational groups: Conditions for issuance.

Division C. Inspections, Variances, Violations, Revocation, and Appeals

8-6.209    Inspections of premises and signs prior to and during erection.

8-6.210    Violations: Notice: Compliance.

8-6.211    Violations: Removal of signs for certain violations.

8-6.212    Violations: Power of removal by Building Official.

8-6.213    Violations: Costs of removal to be paid by owner: Disposition of signs removed by City.

8-6.214    Variances: Generally.

8-6.215    Variances: Conditions or circumstances under which allowed.

8-6.216    Variances: Revocation.

8-6.217    Appeals.

Article 3. Outdoor Advertising Structures Adjacent to Freeways

8-6.301    Outdoor advertising structures prohibited generally.

8-6.302    Removal of illegal advertising structures.

8-6.303    Certain advertising structures exempt from article.

Article 4. Sign Installations in Central Business District

8-6.401    Central Business District defined.

8-6.402    Type of signs permitted.

8-6.403    Approval and issuance.

8-6.404    Nonconforming signs.

*    Sections 8-6.01 through 8-6.15, codified from Ordinance No. 433 N.C.S., repealed by Section 1, Ordinance No. 140 C-M, effective February 23, 1967.

Article 1. General

8-6.101 Definitions.

(a)    “Architectural Review Committee” shall mean the committee appointed by the Planning Commission as prescribed in the zoning regulations of the City as they now exist or may hereafter be amended.

(b)    “Building Official” shall mean the officer or chief building inspector charged with the administration and enforcement of appropriate provisions of this Code or his regularly authorized deputy.

(c)    “Display surface” shall mean the area made available by the sign structure or building surface for the purpose of displaying the advertising message.

(d)    “Electric sign” shall mean any sign containing electric wiring, but not including signs illuminated by an exterior light source.

(e)    “Freeway” shall mean any highway in respect to which the owners of abutting lands have no right to easement of access to or from their abutting lands or in respect to which such owners have only a limited or restricted right of easement of access and which is declared to be such in compliance with the Streets and Highways Code of the State.

(f)    “Ground sign” shall mean a sign which is supported by one or more uprights, poles, or braces in or upon the ground or partially supported and attached to any building, other structure, or foundation on the ground.

(g)    “Incombustible material” shall mean any material which will nor ignite at or below a temperature of 1,200 degrees Fahrenheit during an exposure of five (5) minutes and which will not continue to burn or glow at that temperature. Tests shall be made as specified in the Uniform Building Code Standards.

(h)    “Landscaped freeway” shall mean any freeway or section thereof which is now or hereafter may be improved on at least one side of the freeway right-of-way by the planting of lawns, trees, shrubs, flowers, or other ornamental vegetation requiring reasonable and continuing care, upkeep, and maintenance.

(i)    “Marquee” shall mean a permanent roofed structure, attached to and supported by the building and projecting over public property.

(j)    “Nonstructural trim” shall mean the molding, battens, cappings, nailing strips, latticing, cutouts or letters, and walkways which are attached to the sign structure.

(k)    “Plastic materials” shall mean those made wholly or principally from a standardized plastics listed and described in the Uniform Building Code Standards.

(l)    “Projection” shall mean the distance by which a sign extends over public property or beyond the building line.

(m)    “Projecting sign” shall mean a sign other than a wall sign which projects from and is supported by a wall of a building or structure.

(n)    “Roof sign” shall mean a sign erected upon or above a roof or parapet of a building or structure.

(o)    “Sign” shall mean any visual medium, except a temporary sign, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes and shall include any device erected or used for advertising purposes upon which any poster, bill, printing, painting, device, or other advertisement or identification of any kind whatsoever may be placed, posted, painted, fastened, or affixed, including any spectacle, display, or advertising statuary.

(p)    “Sign structure” shall mean the supports, uprights, braces, and framework of the sign.

(q)    “Temporary sign” shall mean and include any sign, banner, pennant, streamer, whirligig, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames and intended to be displayed for a limited period of time only.

(r)    “Wall sign” shall mean any sign attached to or erected against the wall of a building or structure with the exposed face of such sign in a plane parallel to the plane of the wall.

(s)    “Building sign” shall mean any sign attached to a building.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.102 Prohibited advertising: Signs painted on buildings.

No person shall mark, post, paste, paint, print, nail, tack, or otherwise fasten or leave a card, banner, pennant, handbill, sign, sticker, poster, or other commercial advertisement or commercial notice of any kind, or cause the same to be done, on any street, curb, sidewalk, alley, billboard, fence, post, tree, pole, hydrant, bridge, real property, personal property, or other structure within the City except as may be permitted by this Code; provided, however, notwithstanding the provisions of Section 8-6.120 of this Article, signs painted on the walls of industrial, agricultural, and manufacturing plants in the industrial, agricultural, and manufacturing districts of the City, identifying the owner or operator of any plant or the products sold, packed, distributed, or otherwise handled therein, shall be permitted without any limitations providing such sign is approved by the Community Development Department upon payment of such fee as may be charged for a permit for such sign, and provided, further, that the owner, tenant, or other installer of such wall sign furnishes the City with a written guarantee should the sign cease to comply with this Section, for any reason, such sign shall be removed within thirty (30) days thereafter.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1 (b), Ord. 195 C-M, eff. November 7, 1968, and § 1, Ord. 1046-98 C-M, eff. February 26, 1998)

8-6.103 Area of signs.

The area of a sign shall be calculated to include all lettering, wording, and any accompanying designs or symbols, together with any background of a different material or color than the remainder of the wall of the building to which it is affixed. Where the sign consists of individual letters or symbols, the area shall be considered to be that of the smallest rectangle, circle, square, or triangle which can be drawn to encompass all of the letters or symbols.

For the purposes of this chapter, the advertising surface of one side of double-faced signs shall be used in determining sign areas.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.104 Height limitations.

No portion of any ground sign shall exceed a height of thirty-five (35') feet above the ground level.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.105 Location limitations.

Signs shall not extend over the street or other public rights-of-way except in those areas where the building setback line and property line are the same.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.106 Clearance over utility lines.

No permit for any sign shall be issued, and no sign shall be erected which has less horizontal or vertical clearance than required from overhead utility lines maintained under the regulation of General Order 95 of the Public Utilities Commission of the State, the rules prescribed by Section 385 of the Penal Code of the State, and the orders of the Division of Industrial Safety of the State and as they may hereafter be amended.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.107 Identification and information required to be posted on signs.

Every electrical sign hereafter erected shall have painted or labeled in a conspicuous place and in a permanent manner thereon, in letters readily visible and readable from the ground line, the date of erection and the permit number and voltage of any electrical apparatus used in connection therewith. In addition, any electrical sign or part thereof enclosed with glass, plastic, metal, or similar material shall bear a label of the Underwriters’ Laboratories, Inc., or equal.

Such sign identification may be placed on the sign structure, or on supports eight (8') feet to twelve (12') feet above the ground surface or as otherwise indicated by the Building Official.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1, Ord. 1046-98 C-M, eff. February 26, 1998)

8-6.108 Design generally.

Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in the latest edition of the Uniform Building Code as adopted by the City. (Chapter 1 of Title 8 of this Code.) All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to over-stress any of the elements thereof.

Portable ground signs supported by frames or posts rigidly attached to the base shall be so proportioned that the weight and size of the base will be adequate to resist wind pressure of fifteen (15) pounds per square foot.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.109 Obstructing doors, windows, and fire escapes prohibited.

No sign or other advertising structure shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape.

No sign of any kind shall be attached to a standpipe or to a fire escape. No sign shall obstruct any window to such an extent that any light or ventilation is reduced to a point below that required by any law of the State or of the City.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.110 Traffic hazards: Signs constituting prohibited.

No sign provided for in this chapter shall be erected, maintained, used, displayed, or permitted when any of the following provisions are applicable thereto:

(a)    When the location of any sign is such as to unreasonably interfere with traffic sight distances, nearby residences, or traffic flow;

(b)    When the illumination thereon is brilliant, scintillating, or flashing and is visible from any highway and so positioned as to blind or dazzle the vision of travelers on such highways;

(c)    If visible from any highway and simulating any directional, warning, danger, or information sign otherwise permitted by law, or if likely to be mistaken for any such permitted sign, or if intended or likely to be construed as giving warning to traffic, such as by the of the words “stop”, “danger” or “slow down”;

(d)    If visible from any highway and displaying any red or blinking or intermittent light likely to be mistaken for a warning or danger signal; and

(e)    If within the public right-of-way of any street, alley, or highway.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1 (a), Ord. 195 C-M, eff. November 7, 1968)

8-6.111 Artificial lighting: Production of glare prohibited.

It shall be unlawful for any person to maintain any sign or lighting which creates a glare nuisance to surrounding or adjacent private or public property.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.112 Obscene matter.

It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent, or immoral matter.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.113 Maintenance generally.

All signs, together with all of their supports, braces, guys, and anchors, shall be kept in a proper state of preservation. The display surface of all signs shall be kept neatly painted or posted at all times. There shall be no nails, tacks, or wires protruding from the sign or other advertising structure.

The surface of the ground under and about every freestanding sign shall be kept clean of weeds, rubbish, and flammable waste material.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.114 Materials required in construction.

All signs shall be constructed of material meeting the requirements of this Code, except as provided in this section.

Nonelectrical, roof, wall, projecting, and marquee signs on marquees shall be constructed of incombustible material, or wood. No combustible materials other than approved plastics shall be used in the construction of electric signs.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1, Ord. 1046-98 C-M, eff. February 26, 1998)

8-6.115 Nonstructural trim.

Nonstructural trim may be of wood, metal, approved plastics, or any combination thereof.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.116 Vehicular signs restricted.

No person shall park any vehicle on a street, which vehicle has attached thereto or suspended therefrom temporarily any commercial or advertising sign, except a sign painted directly upon or permanently affixed to the body or other integral part or fixture of the vehicle for permanent decoration, identification, or display, or attached to an integral part of the vehicle by magnet for such purpose.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1 (c), Ord. 195 C-M, eff. November 7, 1968)

8-6.117 Nonconforming signs.

(a)    Any premises, building, or structure with more than one permanent existing sign such that the combined sign surface area exceeds that specified in Sections 8-6.120, 8-6.121, 8-6.122, and 8-6.123 of this article shall be deemed to have a nonconforming sign until a portion thereof is removed as designated by the Building Official, and the remaining sign surface area shall not exceed that specified in Sections 8-6.120, 8-6.121, 8-6.122, and 8-6.123 of this article.

(b)    Every sign which is lawfully in existence but which does not meet all the requirements of this chapter shall be considered to be a nonconforming sign. No nonconforming sign may be structurally altered, increased in area, or relocated unless it is made to comply with all the provisions of this chapter.

(c)    Every sign which does not conform with the provisions hereof shall be removed, altered, or replaced in order to conform within five (5) years from February 23, 1967.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.118 Subdivision signs.

On-site signs shall be permitted in subdivisions for the duration of such subdivision development. Signs shall be removed within thirty (30) days of completion.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.119 Political signs.

Signs of a political nature may be erected in conformity with this chapter in all zone districts. The maximum permissible sign area of any such political sign shall not exceed thirty-two (32) square feet.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1, Ord. 988-95 C-M, eff. December 7, 1995)

8-6.120 Agricultural, commercial, and industrial districts.

Any sign advertising the use of the premises upon which it is located or identifying such premises shall be permitted for each establishment in any agricultural, commercial, or industrial zone district when the same complies with the following conditions:

(a)    The total aggregate area of all signs permitted on any building site or property shall not exceed the larger of the following:

(1)    Two (2) square feet for each one foot of street frontage devoted to a business use. The total sign area shall not exceed 300 square feet by this method;

(2)    Three (3) square feet of sign area for each 100 square feet of building ground floor area devoted to business use. The total sign area shall not exceed 600 square feet by this method;

(3)    Six (6) square feet of sign area for each 100 square feet of building ground floor area devoted to business use, if the building or parking contiguous to any such building abuts more than one public street, provided that not more than three (3) square feet of sign area for each 100 square feet of building ground floor area shall be erected facing any one of such public streets. The total sign area shall not exceed 900 square feet by this method; and

(4)    Three-quarters ( 3/4) of a square foot of sign area for each 100 square feet devoted to business use of lot area devoted exclusively to such commercial or industrial land use. The total sign area shall not exceed 600 square feet by this method.

(b)    In shopping centers, in addition to the above, one double-faced sign having an area not exceeding 200 square feet on any one face may be used where such sign is used to identify a group of five (5) or more stores located on a single plot of land containing at least the minimum off-street parking area prescribed by the zoning laws of the City.

(c)    All building signs shall be confined to the advertisement of the business conducted, goods manufactured or produced, or services rendered on the property upon which such sign is displayed, and in the CC (Central Commercial) District shall be subject to the size requirements of the Downtown Signage Guidelines.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1, Ord. 1046-98 C-M, eff. February 26, 1998)

8-6.121 Residential and professional districts.

Any sign advertising the use of the premises upon which it is located or identifying such premises where such premises are in any residential or professional zone district shall be permitted for each public or quasi-public use authorized pursuant to the provisions of the zoning regulations of the City when the same complies with the conditions set forth in subsections (a), (b), and (c) of Section 8-6.120 of this article.

Except as otherwise provided:

(a)    The maximum permissible total sign area in a zone district permitting professional uses shall not exceed one and one-half (1 1/2) square feet in area per occupant per parcel of real property upon which such sign is located in a zone district permitting such professional uses. Signs identifying a professional building or a building in which professional uses are conducted shall pertain only to the premises upon which the professional building use and identifying signs are located and shall not exceed ten (10) square feet in area.

(b)    In a residential zone district or a zone district developed for residential use, signs shall pertain only to the sale, lease, or rental of the property upon which the sign is located, except in an apartment building a permanent wall sign not to exceed ten (10) square feet in area shall be permitted.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.122 Planned unit districts.

Unless otherwise provided in the resolution approving the particular planned unit development or a use permit issued in conjunction therewith, signs hereafter erected in planned unit zone districts shall be governed by the rules applicable to residential zone districts as set forth in Section 8-6.121 of this article.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.123 Off-site advertising signs: Use permits therefor.

(a)    Any sign not advertising the use of premises upon which it is located or identifying such premises, including a so-called outdoor advertising sign, may be erected and maintained only as follows:

(1)    Located in agricultural, commercial, or industrial zone districts after first securing a use permit therefor;

(2)    Any such sign exceeding 600 square feet and within 500 lineal feet of any other off-site advertising sign on the same side of the street shall not be erected without a special finding, in the final grant of the use permit, that gross inequities would exist should the application of such permit be denied; and

(3)    Off-site advertising shall be prohibited adjacent to any landscaped freeway as provided in Article 3 of this chapter.

(b)    In order to grant any use permit herein prescribed, the findings of the public body granting the use permit shall be that there is good cause therefor and that no traffic, health, safety, or welfare hazard or menace would be caused or enhanced thereby. Such conditions may be designated in connection with any use permit granted hereunder as is deemed necessary by the granting authority to secure the purposes of this chapter, and guarantees and evidence that such conditions will be complied with by the applicant may be required.

(c)    The nature of the use permit and the procedure involved in applying for and obtaining the same shall be as is from time to time prescribed in the zoning regulations of the City.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.124 Projecting signs: Over public rights-of-way.

Projecting signs are permitted in the CC (Central Commercial) District pursuant to the Downtown Signage Guidelines. Projecting signs over public rights-of-way shall be permitted only where the building setback line and the property line are the same.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1, Ord. 1046-98 C-M, eff. February 26, 1998)

8-6.125 Projecting signs: Thickness.

No projecting sign shall have a thickness greater than two (2') feet.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.126 Projecting signs: Minimum clearance.

No projecting sign shall have a clearance of less than eight (8') feet over public sidewalks nor less than fourteen (14') feet where it extends over any vehicular driveway or parking area. Any projecting sign attached and supported under marquees shall have a minimum clearance of eight (8') feet.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.127 Projecting signs: Extension over curb lines.

A projecting sign shall not extend nearer any curb line than two (2') feet.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.128 Roof signs.

Roof signs shall be thoroughly secured and anchored to the frame of the building over which they are constructed and erected and shall be designed in accordance with the requirements specified in Section 8-6.108 of this article.

No roof sign shall be placed on the roof of any building or structure in such a manner as to prevent free passage from one part of such roof to any other part thereof or interfere with openings in such roof.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.129 Combination, pole, and fin signs.

Combination signs, pole signs, and fin signs shall be permitted where the building or structure is set back beyond the building setback line or otherwise occupies only a portion of the lot, and no such sign shall extend over the property line.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.130 Wall Signs: Extension and Projection.

No wall sign shall project beyond the ends or top of the wall to which it is attached.

No wall sign shall extend more than twenty (20") inches from the wall surface.

For dimensions of wall signs in the CC (Central Commercial) District refer to the Downtown Signage Guidelines.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1, Ord. 1046-98 C-M, eff. February 26, 1998)

8-6.131 Wall signs: Height.

Any wall sign erected over any public right-of-way shall have a minimum clearance of eight (8') feet, except that any wall sign which does not project more than three (3") inches may be located at any height over the sidewalk.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.132 Clock signs.

The location of any clock sign extending over a public right-of-way shall he approved by the Council.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

Article 2. Permits Required and Exemptions

Division A. Permanent Signs

8-6.201 Permits required.

No sign shall be erected, reerected, constructed, altered, or maintained within the City except as provided by this chapter and until a sign permit for the same has been issued by the Building Official. A separate sign permit shall be required for each sign except that any number of temporary political signs may be issued on one sign permit. An electrical permit shall be required for any connection to an electrical sign.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.202 Fees: Generally.

With the exception of governmental signs, a fee for each sign permit shall be paid to the City according to the schedule adopted by resolution of the Council and at the rate provided for each classification shown therein.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.203 Applications: Information required.

Any application for a sign permit shall be made on forms provided by the Building Official and shall include the following information:

(a)    The name, address, and telephone number of the applicant and owner of the sign;

(b)    The location or street address of the lot or building;

(c)    A true statement that consent of the owner and lessee of the premises upon which the sign is to be erected has been secured;

(d)    Two (2) copies of the plans and specifications and construction details at a scale of not less than one-eighth (1/8") inch equals one foot;

(e)    One copy of accurate stress sheets and calculations, when deemed necessary by the Building Official, showing that the structure is designed for the loads required by this chapter and all other laws of the City;

(f)    A true statement whether the application involves an electrical sign and, if so, whether the sign or any part thereof is to be enclosed with glass, plastic, metal, or similar material. If such sign is not so enclosed, it shall comply with the Electrical Code of the City; and

(g)    Any other information the Building Official may require to show full compliance with this chapter and any other applicable laws of the City. The Building Official may require photographs of the site and full information as to any and all signs already on the premises.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.204 Issuance.

It shall be the duty of the Building Official, upon the filing of an application for a sign permit, to investigate the same, and, if it shall appear that the proposed sign is in compliance with all the requirements of this chapter and of the Building Code, the Electrical Code, the zoning regulations, and all other applicable laws of the City, he shall issue the sign permit. If the work authorized has not been started within ninety (90) days after the date of issuance of such permit or a time extension obtained, such permit shall become null and void.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.205 Exemptions.

The provisions of this division shall not apply to any of the following signs:

(a)    Governmental agency signs, traffic or municipal signs, legal notices, public utility signs, railroad crossing signs, and danger and emergency signs;

(b)    Temporary signs used exclusively for advertising the sale or lease of the premises on which such signs are located provided the area of such signs on such premises do not exceed sixteen (16) square feet where such premises are located in an agricultural, commercial, or industrial zone district and ten (10) square feet where such premises are located in any residentially zoned district;

(c)    A temporary sign descriptive of a building under construction or proposed to be constructed and denoting the architect, engineer, or contractor when placed entirely upon private property; provided that no such sign for private construction which is in a residential district shall have an area in excess of thirty-two (32) square feet; and provided, further, that every such sign shall be removed immediately upon completion of the work;

(d)    Maintenance of a conforming sign by painting, repainting, or cleaning thereof shall not be considered an erection or alteration which requires a sign permit unless a structural change is made;

(e)    Signs affixed to or painted upon public or private vehicles except as restricted in Section 8-6.116 of Article 1 of this chapter;

(f)    Memorial signs or tablets erected by governmental or historical agencies or names of buildings and the date of erection when cut into a masonry surface or when constructed of incombustible materials and affixed flat against the wall of such building;

(g)    Signs used exclusively for regulating on-premise traffic and parking when such signs are less than twelve (12) square feet in area;

(h)    Professional occupation signs denoting only the name and profession of an occupant in a commercial building or public institutional building when the area of such sign does not exceed one and one-half (1 1/2) square feet for each occupant therein;

(i)    Signs temporarily attached to or lettered on the exterior or interior of a store window provided that the aggregate area of such signs shall not exceed twenty-five (25%) percent of the total window area of such business establishment;

(j)    For exempt signs in the CC (Central Commercial District) refer to the Downtown Signage Guidelines; and

(k)    Real Estate Signs. “For Rent,” “For Lease,” or “For Sale” signs located on real estate that conform to all of the following criteria:

(1)    Size and Number. Real estate signs not exceeding the following sign area or number:

(i)    For residential for sale, or rent properties, with less than four (4) units, one on-site “stake” real estate sign per street frontage not exceeding four (4) square feet per sign,

(ii)    For residential for sale, or rent properties with four (4) or more units, one on-site real estate sign per street frontage not exceeding twenty-four (24) square feet per sign,

(iii)    For commercial or industrial properties, two (2) on-site real estate signs not exceeding thirty-two (32) square feet per sign, with back to back signs counting as one sign. Additionally, one thirty-two (32) square foot off-site sign is permitted provided it is located on private property and is within 500 feet of the real estate under contract.

(2)    Location. Residential real estate signs on private property “For Sale,” “For Lease,” or “For Rent” under the following conditions:

(i)    Not affixed to trees or shrubs on the property,

(ii)    Not placed closer than three (3') feet to any property line,

(iii)    Not placed in a location that interferes with the traffic sight distance area,

(iv)    Not placed so any portion is more than seven (7') feet above the average ground level,

(v)    Not placed on or above any on- or off-site fence or wall.

(3)    Location. Commercial real estate signs placed upon private property “For Sale,” “For Lease,” or “For Rent” with the following restrictions:

(i)    Not affixed to trees or shrubs,

(ii)    No tags, streamers, balloons, or other appurtenances added to the standard commercial real estate sign. Arrows may be incorporated into the design of the sign as long as arrows do not extend more than four (4") inches above or below the width of the sign,

(iii)    On private property and only with permission of the property owner or tenant where the sign is placed. It is the obligation of the sales agent or seller to obtain permission of the property owner or tenant to place the sign,

(iv)    Not placed so as to interfere with the traffic sight distance area,

(v)    Not placed, used or maintained upon public property, including public vehicular or pedestrian rights-of-way,

(vi)    Not on or within a median strip or center divider of a roadway, or on or within any other roadway island or a traffic sight distance area,

(viii)    Not within a five (5') foot radius of a fire hydrant, or mailbox.

(l)    Temporary “Open House” Signs. Temporary open house signs on real estate that conform to all of the following criteria:

(1)    Size and Numbers. Temporary open house signs not exceeding the following sign area and number:

(i)    One temporary open house sign on each street frontage of the property,

(ii)    Not exceeding four (4') feet in height,

(iii)    A maximum of four (4) off-site signs per open house, with an aggregate total of five (5) signs, including one on-site sign,

(iv)    Erected only while the property being shown is open to the public.

(2)    A temporary open house sign may be an A-frame, single or double-faced but is limited to six (6) square feet or less of sign area on each side.

(3)    A temporary open house sign may not be placed more than two (2) consecutive days.

(4)    Location. Temporary open house signs placed upon private property “For Sale,” “For Lease,” or “For Rent” with the following restrictions:

(i)    Not affixed to trees or shrubs,

(ii)    No tags, streamers, balloons, or other appurtenances added to the standard real estate open house sign. Arrows may be incorporated into the design of the face of such sign but may not be added appurtenant to the sign,

(iii)    On private property and only with permission of the property owner or tenant where the sign is placed. It is the obligation of the sales agent or seller to obtain permission of the property owner or tenant to place the sign,

(iv)    Not closer than two (2') feet to any property line,

(v)    Not placed so as to interfere with the traffic sight distance area,

(vi)    Not placed, used or maintained upon public property, including public vehicular or pedestrian rights-of-way,

(vii)    Not on or within a median strip or center divider of a roadway, or on or within any other roadway island or a traffic sight distance area,

(viii)    Not within a five (5') foot radius of a fire hydrant, or mailbox,

(ix)    Not on or above any on- or off-site fence or wall.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1, Ord. 1046-98 C-M, eff. February 26, 1998, and § 1, Ord. 1219-07 (CM), eff. April 26, 2007)

Division B. Temporary Signs

8-6.206 Temporary signs and issuance of permits therefor.

(a)    No temporary sign, as defined in this Code and subsection (q) of Section 8-6.101 of Article I of this chapter, shall be displayed, exhibited, or used for any commercial advertising purpose or for any other purpose whatsoever without a permit first being obtained for the display, exhibition, or use of any such temporary sign within the City.

(b)    Such permit shall be obtained by filing with the Planning Director an application therefor which shall be accompanied by the proposed design and location of such temporary sign, together with a sample of the material to be used in such sign. Upon receipt of such application by the Planning Director, he/she shall first determine whether or not such sign is hazardous to the safety of persons and property. Should the Planning Director find such sign proposal and design hazardous to the safety and lives of persons or the property of others, such application shall be denied. Should the Planning Director determine that no such hazard exists, he/she shall issue a permit based on the following guidelines:

(1)    A business owner in the Commercial/Industrial Districts may install temporary signage for thirty (30) days in any calendar year.

(2)    The sign may only advertise goods or materials associated with the business enterprise where it will be located. This does not preclude advertising of or for non-profit organization events or public service announcements.

(3)    A temporary sign permit fee, as may be prescribed from time to time by resolution of the Council, shall be paid each time the business owner displays a temporary sign.

(4)    One sign is allowed for every 100 feet of street frontage. For a business located on a corner, both frontages may be used to calculate allowed signage.

(5)    The sign may not be larger than thirty (30) square feet. If the above paragraph allows more than one sign, they can be separate signs, or one larger single sign; however, no single sign may be larger than fifty (50) square feet by this method.

(6)    Any sign which has a structural component such that it requires a Building Permit, shall not be considered a temporary sign, and will be permitted only under the regulations for a permanent sign, Section 8-6.201.

(7)    The following temporary signs are not permitted:

(i)    Balloons, any size blow up balloon or inflatable device, except as part of a bona fide commercial advertising event and then only when such has received a valid entertainment and/or amplified permits from the City;

(ii)    Sandwich board/A-Frame signs (except temporary open house signs placed in accordance with Section 8-6.205(l);

(iii)    Pennants.

(8)    The provisions of the division shall not apply to any of the following signs:

(i)    Governmental agency signs;

(ii)    Traffic or municipal signs;

(iii)    Legal notices;

(iv)    Public utility signs;

(v)    Railroad crossing signs;

(vi)    Danger and emergency signs;

(vii)    Real estate signs;

(viii)    California State Lottery signs;

(ix)    Official smog testing signs;

(x)    Price, year, model signs on cars offered for sale on a permitted auto sales lot;

(xi)    Political signs; and

(xii)    Pennants on auto sales lots.

(c)    In no event shall any temporary sign as defined in subsection (q) of Section 8-6.101 of Article 1 of this Chapter, be permitted which sign is intended or proposed to be hung, draped, stretched or extended over, upon, into, or across any street, road or alley or any portion thereof within the City except as is otherwise provided in Section 8-6.208 of this Article, or as may be allowed under the Downtown Signage Guidelines for temporary signs in the CC (Central Commercial) District.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1 (d), Ord. 195 C-M, eff. November 7, 1968, § 1, Ord. 216 C-M, eff. January 22, 1970, § 1, Ord. 988-95 C-M, eff. December 7, 1995, § 1, Ord. 1046-98 C-M, eff. February 26, 1998, and § 1, Ord. 1219-07 (CM), eff. April 26, 2007)

8-6.207 Time extensions.

Nothing herein shall prohibit the extension of time for the use, exhibiting, or display of temporary signs as granted hereunder provided prior to the expiration of the initial permit an application for renewal or extension thereof is made by the permittee. Such application shall be reviewed as provided in Section 8-6.206 of this Article by the Community Development Department. No extensions of time or renewals may be allowed except for such period as in the discretion of the Community Development Department is reasonable upon written application and shall be upon such conditions specified by said Department.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1 (e), Ord. 195 C-M, eff. November 7, 1968, and § 1, Ord. 1046-98 C-M, eff. February 26, 1998)

8-6.208 Temporary or special sign permits for civic, merchant groups, and religious, charitable or educational groups: Conditions for issuance.

In no case shall temporary or special sign permits be granted without compliance with the provisions of this section.

No temporary or special sign permit shall be granted without payment of the application and permit fee established by resolution of the City Council.

Notwithstanding any other provision of this chapter, temporary or special sign permits may be granted to the City Manager or his/her designee to civic, merchant groups or organizations and religious, charitable or educational groups or organizations upon compliance with the provisions of this section, including but not limited to, hanging, draping, stretching, suspending or extending over, into, upon or across, any street, road, or alley or other public way within the City, as follows:

(a)    During the period within which the County Fair shall be conducted each year;

(b)    During the Christmas holiday season in any year; and

(c)    For an event of specific economic, cultural or educational benefit to the City or its residents.

No permit shall be granted for the temporary placement or use of temporary signs, as defined in this chapter, in any municipal park, playground, or plaza within the City. This does not apply to any government sponsored or sanctioned event. All temporary signs, as permitted by this section shall be at least eighteen (18) feet above the street pavement at its closest point and shall be erected or installed and removed under the supervision of the Director of Public Works and Utilities and/or Director of Parks and Recreation and under conditions as the City Manager may designate.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1, Ord. 216 C-M, eff. January 22, 1970, § 1, Ord. 744-87 C-M, eff. June 25, 1987, § 1, Ord. 937-94 C-M, eff. February 10, 1994, and § 1, Ord. 988-95 C-M, eff. December 7, 1995)

Division C. Inspections, Variances, Violations, Revocation, and Appeals

8-6.209 Inspections of premises and signs prior to and during erection.

All signs for which a permit is required by the provisions of this chapter shall be subject to inspection by the Building Official. Footing inspections shall be required for ground signs requiring structural computations.

Electric signs shall be inspected before or during erection.

All signs may be reinspected at the discretion of the Building Official.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.210 Violations: Notice: Compliance.

Whenever a sign is found to be erected or maintained in violation of any provision of this Code or of any other law, the Building Official shall order that such sign be altered, repaired, reconstructed, demolished, or removed as may be appropriate to abate such condition. Any work required to be done shall, unless a different time is specified, be completed within five (5) days of the date of such order.

It shall be a separate offense for each day for failure, neglect, or refusal to comply with such order of the Building Official.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.211 Violations: Removal of signs for certain violations.

Signs or other advertising structures shall be removed for the following reasons:

(a)    Any sign or other advertising structure which no longer advertises the subject matter for which a permit was granted shall be removed by the owner or person having beneficial use of the property upon which such sign may be found and within ten (10) days after written notification from the Building Official.

(b)    Any sign which is an immediate peril or menace to the public or any person shall be removed summarily and without notice by the Building Official.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.212 Violations: Power of removal by Building Official.

(a)    In the event of noncompliance with Sections 8-6.210 and 8-6.211 of this article, the Building Official is hereby empowered to remove or cause to be removed any sign or other advertising structure which has been constructed, erected, altered, relocated, or maintained in violation of this chapter.

(b)    For the purpose of removing or destroying any sign erected or maintained in violation of the provisions of this chapter, the Building Official or his authorized agent may enter upon private property without incurring liability therefor.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.213 Violations: Costs of removal to be paid by owner: Disposition of signs removed by City.

Any cost incurred by the City in the removal of any sign pursuant to the provisions of this chapter shall be paid by the owner of the sign, the owner of the premises, or the lessee. Any sign removed by the Building Official shall be stored in the City Corporation Yard and shall be claimed within thirty (30) days after such sign was removed provided any cost of removal has been paid to the City.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.214 Variances: Generally.

(a)    When practical difficulties, unnecessary hardships, or results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, variances may be granted by application in the manner as is from time to time prescribed in the zoning regulations of the City.

(b)    The nature of the variance and the procedure involved in applying for and obtaining the same shall be as is from time to time prescribed in the zoning regulations of the City.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.215 Variances: Conditions or circumstances under which allowed.

The Planning Commission may grant a variance from the provisions of this chapter if the following criteria are found applicable:

(a)    Special conditions and extraordinary circumstances applicable to the property involved or its intended uses and which were not created by the owner or his tenant and which do not apply generally to other properties with the same land use;

(b)    The literal enforcement of the provisions of this chapter would result in unnecessary hardships inconsistent with the spirit and intent of this chapter; and

(c)    The variance of the sign use corresponds with the land use as set forth in Section 8-6.120 of Article 1 of this chapter and will not be contrary to or materially detrimental to the public interest and welfare or injurious to conforming signs in the City.

The variance to be granted shall be one that will require the least modification of the prescribed regulation and the minimum variance that will accomplish that purpose.

(§ 2, Ord, 140 C-M, eff. February 23, 1967)

8-6.216 Variances: Revocation.

In any case where the conditions or limitations to the variance granted have not been complied with, the Building Official shall give notice to the permittee that the variance will be revoked.

In any case where a variance has not been used within six (6) months from the date of issuance, such variance shall be null and void.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.217 Appeals.

Any interested person shall have the right to appeal any ruling, order or action under this chapter pursuant to the provisions for appeals contained in Part 9, Chapter 14-10 of Title 14 of this Code.

(§ 2, Ord. 140 C-M, eff. February 23, 1967, as amended by § 1, Ord. 328 C-M, eff. July 11, 1974, as amended by § 1, Ord. 1061-98 C-M, eff. November 12, 1998)

Article 3. Outdoor Advertising Structures Adjacent to Freeways

8-6.301 Outdoor advertising structures prohibited generally.

(a)    No billboard, advertising sign, or display shall be placed, constructed, or maintained on property adjacent to any landscaped freeway within the City if the advertising thereon is designed to be viewed primarily by persons traveling along such landscaped freeway, or any section thereof, or if such billboard, advertising sign, or display, when located within five hundred (500) feet of the outer limits of such landscaped freeway, can be viewed from the main traveled portion of such landscaped freeway.

(b)    No billboard, advertising sign, or display shall be placed, constructed, or maintained if such billboard, sign, or display as placed, constructed, or maintained constitutes or tends to constitute a hazard to the safe and efficient operation of vehicles upon the landscaped freeway or creates a condition which endangers the safety of persons or property thereon.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.302 Removal of illegal advertising structures.

(a)    Any billboard, advertising sign, or display which, on January 24, 1967, is in violation of subsection (a) of Section 8-6.301 of this article shall be removed within one year from the date of the receipt of the written notice of such violation and demand for removal, signed by the Planning Director or his representative.

(b)    Any billboard, advertising sign, or display which, though permissible on February 23, 1967, becomes, by reason of subsequent landscaping of a freeway, in violation of subsection (a) of Section 8-6.301 of this article shall likewise be removed within one year after the receipt of the written notice and demand for such removal, signed by the Planning Director or his agent.

(c)    Any billboard, advertising sign, or display which now constitutes or hereafter constitutes a hazard to the safe and efficient operation of vehicles being operated upon a landscaped freeway or creates a condition which endangers the safety of persons or property on such freeway or in any vehicles operated thereon is hereby declared to be a public nuisance and shall be removed within thirty (30) days after notice and demand for removal in writing given to the owner or the person in control thereof, signed by the Planning Director or his deputy.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.303 Certain advertising structures exempt from article.

The provisions of this article shall not apply to any advertising structure or sign if the advertising displayed thereon is used exclusively for the following purposes:

(a)    To advertise the sale or lease of the property upon which such advertising display is placed;

(b)    To designate the name of the owner or occupant of the premises upon which such advertising display is placed or to identify such premises; and

(c)    To advertise goods manufactured or produced or services rendered on the property upon which such advertising display is placed.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

Article 4. Sign Installations in Central Business District

8-6.401 Central Business District defined.

For the purposes of this article, Central Business District shall mean that area now and hereafter described in the zoning regulations as the Special Architectural Control Area.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.402 Type of signs permitted.

(a)    Building signs. Wall signs only shall be permitted to be installed or erected as defined in subsection (r) of Section 8-6.101 of Article 1 of this chapter and in accordance with the provisions of this chapter.

(b)    Signs under marquees. An identification sign not to exceed one and one-half (1 1/2) square feet for each occupant therein attached and supported under marquees.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.403 Approval and issuance.

Upon receipt of a permit for a sign in the Central Business District, the Building Official shall submit the proposal to the Architectural Review Committee for determinations and recommendations.

Upon the final approval of the sign application by the appropriate body, the Building Official shall investigate for safety and lawful content of the proposed sign. A permit shall be issued accordingly.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)

8-6.404 Nonconforming signs.

Every legally erected sign in existence on January 24, 1967, which does not conform with the provisions of this article shall be removed, altered, or replaced in order to so conform within five (5) years from February 23, 1967.

(§ 2, Ord. 140 C-M, eff. February 23, 1967)