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ORD 281ORDINANCE 281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING CHAPTER 9.212 OF THE LA QUINTA MUNICIPAL CODE. The City Council of the City of La Quinta does ordain as follows: SECTION 1. Chapter 9.212 of the La Quinta Municipal Code, is hereby deleted. SECTION 2. There is hereby added to the La Quinta Municipal Code Chapter 9.160 which is to read as contained in Exhibit "A" hereby attached. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designed by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the book of Ordinances of the City of La Quinta. The foregoing Ordinance was approved and adopted at a meeting of the City Council of the City of La Quinta held on this 2nd day of April, 1996, by the following vote: AYES: Council Members Adolph, Henderson, Sniff, Mayor Holt NOES: Council Member Perkins ABSENT: None ABSTAIN: None ° ' f GLENDA HOLT, Mayor City of La Quinta, California AT ST: AUNDRA L. JUH6fA, City Clerk City of La Quinta, California orddrft.053 Ordinance 281 Page 2 APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California orddrft.053 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 281 which was introduced on the 5th day of March, 1996 and was adopted at a regular meeting held on the 2nd day of April, 1996 not being less than 5 days after date of introduction thereof. I er certify that the foregoing ordinance was posted in three (3) places within the City of L mta as specified in a resolution of the City Council. 2gUND L. JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, S UNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify th a foregoing ordinance was posted on May 2, 1996 pursuant to City Council Resolution. AUNDRA L. UHOLA, City Clerk City of La Quinta, California EXHIBIT A CHAPTER 9.160: SIGNS Sections: 9.160.010 Purpose and Intent ..................................... 1 9.160.020 Exempt Signs ......................................... 1 9.160.030 General Sign Standards ............................... . 4 9.160.040 Permanent Signs in Residential Districts ................... 6 9.160.050 Permanent Signs in Nonresidential Districts ................ 7 9.160.060 Permitted Temporary Signs ................. . .......... 9 9.160.070 Permitted Semi -Permanent Signs ........................ 12 9.160.080 Semi -Permanent Downtown Village Directional Sign Program 14 9.160.090 Sign Permit Review ................................... 15 9.160.100 Prohibited Signs ...................................... 19 9.160.110 Nonconforming Signs .................................. 20 9.160.120 Enforcement, Sign Removal, and Abatement .............. 21 9.160.130 Sign Definitions ....................... . .............. 23 9.160.010 Purpose and Intent. A. Purpose. These regulations are intended to implement the goals and policies of the General Plan by: 1. Providing minimum standards to safeguard and enhance property values and protect public and private investment in buildings and open spaces; 2. Preserving and improving the appearance of the City as a place to live, work and visit. 3. Encouraging sound signing practices to aid business and provide directional information to the public; 4. Ensuring that signs effectively identify business and other establishments; 5. Preventing excessive and confusing signing displays ; 6. Reducing traffic hazards and promoting the public health, safety, and welfare by minimizing visual competition among signs; 9.160.020 Exempt Signs. A. Signs not Requiring Sign Permits. The signs listed in Table 9-1 following do not require a sign permit nor shall their area and number be included in the aggregate area or number of signs permitted for any premises or use. However, this exemption shall not be construed as relieving the sign owner of the responsibility of: (1) obtaining any building or other permits required for sign erection, if any; (2) proper sign maintenance; or (3) compliance with applicable provisions of this Chapter or of any other law or ordinance. Exempt signs shall not be illuminated nor placed within any public right-of-way unless specifically permitted hereinbelow. 9.160: SIGNS TABLE 9-1: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type -7Placement MaZ Area Ulumination In'this Table: • "n/a" means not applicable or no restriction "Building -mounted,' means: signs. mounted flush -to -wall only 1. Official notices issued by any court or public body or n/a n/a n/a officer and notices posted by any public officer in the performance of a public duty or by any person giving legal notice 2. Within residential districts, address or identification signs Building- 1 sq/ft Required mounted aggregate 3. Signs located in the interior of any building or enclosed n/a n/a Yes outdoor area which are designed and located to be viewed exclusively from within such building or outdoor area 4. Tablets, stained glass windows, or dates of erection cut into Building- 3 sq/ft No the surface of a wall or pedestal or projecting not more than mounted or two inches free-standing 5. Directional, warning, or informational signs required by or n/a n/a Yes authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses 6. Incidental accessory signs and placards (e.g. Open/Closed Window or 3 sq/ft No signs), six signs maximum per premises building- aggregate mounted 7. Temporary decorations clearly incidental and customary n/a n/a Yes and commonly associated with any national, local or religious holiday, provided such signs are removed within seven days after the applicable holiday. 8. Sculptures, fountains, mosaics, and design features which n/a n/a Yes do not incorporate advertising or premise identification 9. Property signs (e.g. "No Trespassing," "No Parking," etc.), Building- 3 sq/ft Yes informational/directional signs (e.g, "Restrooms," "Exit," mounted etc.) and warning signs (e.g. "High Voltage") or free-standing 10. Vehicular directional signs used to identify street entrances Building- 3 sq/ft Yes and exits, maximum three feet high if free-standing mounted or free-standing 11. Directional pavement marking n/a n/a n/a 12. Newspaper stand identification n/a 3 sq/ft No 9.160: SIGNS TABLE 9-1: EXEMPTSIGNS NUT"REQUIRING ASTGN PERMff 'Sign -,Type° Placement -Max. Area illumination .F Tn thus Table: • "n/a" means not applicable or.no restriction"," "Building -mounted" means signs mounted flush -to -wall only 13. Within commercial districts, chalkboards or small placards Building- 3 sq/ft Indirect only (e.g. restaurant menu boards) mounted 14. Vending machine signs and automatic teller signs n/a n/a Yes 15. Directional and non-profit public information signs for Free-standing 3 sq. ft. No public, quasi -public, and non-profit uses on public or private property, adjacent to an Arterial thoroughfare. Number, shape, location, and height (maximum 6-feet) of signs shall be approved by the Director of Community Development and Public Works. 16. Within commercial zones, temporary information window Window No one No signs fronting on a street, parking lot or common on -site mounted window area, not covering more than 25% of the area of the window(s) within which they are placed for a period not to sign shall exceed 4' exceed 14 days nor more than six (6) times per calendar high or 8' year. No more than three (3) signs per elevation with long (32 sq. windows may be installed at any one time. ft.) 17. Within residential zones, temporary decorative flags clearly Building- 7 sq. ft. No incidental which may or may not be associated with any mounted national, local, or religious holiday. Signs in Nonresidential Districts Requiring a Permit See Section.'9160:050: Temporary and Semi -Permanent Signs See Sections°9.160.060 and 9»160.07,0 B. Repainting. The repainting of a sign in original colors shall not be considered an erection or alteration which requires sign approval unless a structural, text, or design change is made; 9.160.030 General Sign Standards. A. Applicability. Signs in the City of La Quinta, including exempt, permanent, semi -permanent, and temporary signs, are subject to the general standards of this Section. B. Planned Sign Programs. Planned sign program review is required, per the provisions of Subsection 9.160.090D, for submissions which: (1) include three or more permanent signs; (2) are in conjunction with review of a site development permit by the Planning Commission; or (3) include a request for a sign adjustment to a sign previously approved under a planned sign program. 3 9.160. SIGNS C. Interpretation of Provisions. Where a matter of interpretation arises regarding the provisions of this Chapter, the more specific definition or more rigorous standard shall prevail. Whenever the Community Development Director determines that the application of any provision of this Chapter is uncertain, the issue shall be referred to the Planning Commission for determination. D. Application of Standards. If the Director determines that a staff -reviewed sign does not conform to one or more of the general standards set forth in this Section, the applicant shall be given the option of modifying the sign or applying for a minor adjustment E. Measurement of Sign Area. Sign area shall be measured as follows: 1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including non- structural perimeter trim but excluding structures or uprights on which the sign is supported. 2. Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following. 3. Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters. 4. Double -Faced Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is 20 sq. ft., a double-faced sign may have an area of 20 sq. ft. per face. 5. Three -Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has 4 faces and the maximum permitted sign area is 20 sq. ft., the maximum allowable area for each face is only five sq/ft. 6. Separated -Panel Signs. The sign area of open or separated panel signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels. F. Measurement of Sign Height. Sign height shall be measured as follows: 1. Building -Mounted Signs. The height of building -mounted signs shall be measured from the average finish grade directly beneath the sign. 2. Free -Standing Signs. The height of a free-standing sign shall be measured from the top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design 4 9.160: SIGNS elements. However, in cases where the Director determines that a free-standing sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign. G. Sign Placement. 1. Setback from Street. Free-standing signs shall not be located within five feet of a street right- of-way nor within a corner cutoff area identified in Section 9.100.030D. 2. No Off -Premise Signs. All signs shall be located on the same premises as the land use or activity identified by the sign, unless specifically permitted to be off -premise in this Chapter. 3. Utility Lines. No sign shall be located closer to overhead utility lines than the distance prescribed by California law or by the rules duly promulgated by agencies of the state or by the applicable public utility. 4. Traffic Safety. No sign shall be located in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic. 5. Public Right -of -Way. No sign shall be located within, over, or across a public right-of-way unless specifically permitted in this Chapter. H. Illumination. Illumination from or upon any sign shall be shaded, shielded, directed, or reduced so as to avoid undue brightness, glare, or reflection of light on private or public property in the surrounding area so as to avoid unreasonably distracting pedestrians or motorists. "Undue brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. Illuminated signs which face or are adjacent to residentially zoned property shall be restricted to minimize the illumination, glare or reflection of light which is visible from the residentially zoned property. I. Maintenance. Any sign displayed within the City, together with supports, braces, guys, anchors, and electrical components, shall be maintained in good physical condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. The Community Development Director may request the Director of Building and Safety to order the repair or removal of any sign determined by the Director to be unsafe, defective, damaged, or substantially deteriorated. J. Landscaping of Free -Standing Signs. All free-standing signs shall include, as part of their design, landscaping and/or hardscaping about their base so as to prevent vehicles from hitting the sign, to improve the overall appearance of the installation, and to screen light fixtures and other appurtenances. The applicant shall maintain all landscape areas in a healthy and viable condition. 6-1 9.160: SIGNS K. Inspection. All sign owners and users shall permit the periodic inspection of their signs by the City upon 10 days notice. L. Specific Plan Standards to Apply. Signs to be located within the boundaries of a specific plan or other special design approval area shall comply with the criteria established by such plan or area.. 9.160.040 Permanent Signs in Residential Districts. Signs identified in Table 9-2 following are permitted in residential districts subject to approval of a sign permit per Section 9.160.090 TABLE 9-2: PERMANENT SIGNS PERMITTED "IN4tESI1)ENTL4L DISTRICTS WITH A "SIGNTERMIT 'Note:, • Free=standing signs shall not,be located within Y of a street.right-ofway nor within a corner cutoff -area identified in Section9.60.030. • "ID" means identification sign. Sign Type and Max. Max. Area Max. Illumination:: Additional'" Placement Number (sq/ft), Height Requirements Building -mounted or 2 per entry 24 6 ft., Indirect only 1 single -faced sign free-standing street (1 if or top of wall permitted on each side of Project/neighborhood/ double- if building- street, (1 sign only if apt. complex ID sign faced) mounted double-faced) Building -mounted or 1 per 18 6 ft. Indirect only Signs are to be designed and free-standing directory entrance to oriented to direct pedestrian sign for multi -tenant building or traffic bldgs. or complexes complex Building -mounted or 1 of either 6 6 ft. Indirect only Permanent sign giving rental free-standing per street information for buildings or apartment rental frontage complexes containing 15 or (permanent) more units Other Uses • 1 free- 24 6 ft. Indirect only 1 sign may be changeable standing copy • 2 bldg- 24 aggreg. Top of wall mounted Signs in Nonresidential Districts Requiring a Permit See"Section 9160.050 Signs exempt from sign permit approval See Section 9.160.020 Temporary and semi -permanent. sis ISee Sections 9A60.060Eantl -160.0 .0 3 9.160. SIGNS 9.160.050 Permanent Signs in Nonresidential Districts. Signs identified in Table 9-3 following are permitted in nonresidential districts subject to approval of a sign permit per Section 9.160.090. TABLE 9-3:' °PERMANENT SIGNSPERmrnrEDxi NUNRESIDENTIAL DISTRICTS.WITH A.SIGN PERWr Note: Free-standing°<signs shall -not be located within 5' of a street right-of-way nor within it corner, cutoff area'identfied in S,ection9.100030. "ID" means identification sign. Signs required by law shall be allowed at the minimum' size specified by such law. Sign Type and Max. Number Max. Area Max. Illumination Additional Placement Height Requirements Free-standing center 1 per street .25 sq/ft per lineal 8 ft. Direct or Aggregate sign or complex ID sign frontage ft. of street front- indirect for area may not be for multi -tenant age up to max. of all signs combined among building or multi- 50 sq/ft per sign street frontages. building shopping and 100 sq/ft Letter height shall center or other aggregate for all be a minimum commercial or office signs 10" high. complex Building -mounted or 1 flush -mounted Flush-Mntd: 1 8 ft. Direct or ID signs not permanent window plus 1 under- sq/ft per lineal ft. indirect for permitted for ID signs for canopy per tenant of lease frontage all signs tenants above the individual frontage along a up to max. of 50 ground floor in commercial or office street or along a sq/ft aggregate buildings with tenants common -use prkng Under -Canopy: only interior lot with no direct 3 sq/ft access above street frontage ground floor Free-standing ID sign 1 50 sq/ft 8 ft. Direct or Allowed only if for individual indirect for bldg has min. 200 commercial or office all signs ft. of street bldg. frontage Building -mounted ID 2 1 sq/ft per lineal Top of Direct or sign for individual (but no more than ft. of bldg wall indirect for commercial or office 1 per each side of frontage along a all signs bldg. building) street up to max. of 50 s /ft aggreg 7 9.160: SIGNS TABLE 9 3: PERMANENT SIGNS PERNIITTED ITT NONRESIDENTIAL, DISTRICT'S WITH A SIGN PERMIT Note: Free -standing -signs shall not,be located within Y of a street right-of-way nor within a comer cutoff area identified in Section 9.100.030. a: . "ID" means identification sign. • 'Signs required by law shall .be allowed at the m nimum:size specified -by such law. Sign Type and Max. Number Max. Area Mati. - Blumination " Additional Placement Height Requirements Building -mounted or 1 per entrance to 18 sq/ft Top of Direct or Signs are to be free-standing building or wall or indirect designed and directory sign for complex 6 ft. if oriented to direct multi -tenant bldgs or free- pedestrian traffic complexes standing Gas/service stations 1 free-standing 8 ft. Direct or Allowed only for sign per street Top of indirect for stations which are frontage, wall all signs not accessory to combining bus. 50 sq/ft other uses. Price identification and sign must show gas prices aggregate the lowest price per gallon of all 1 building- grades, including mounted ID taxes. Theaters, cinemas, 1 free-standing and Aggregate Top of Direct or and cabarets 1 building- allowed: 20 sq/ft wall or indirect for mounted sign, of plus 10 sq/ft per 12 ft. if all signs which 1 sign may screen/stage over free - be combination ID 1, up to a max. of standing & attraction board 40 sq/ft I building- 6 sq/ft each Top of Indirect only mounted coming- wall attraction poster per screen or stage Church and • 1 free-standing 24 sq/ft 6 ft. Direct I of the allowed Institutional Uses or signs may include • 2 bldg-mounted 24 sq/ft Top of indirect for an attraction aggregate wall all signs board Signs in Residential Districts Requiring a Permit See Sectiou 9.160.040 Signs exempt from sign permit approval See Section 9.160MO Tem ora - and semi-permasentaigns I.See Sec. 9.160.060 and 9.1:60;0, 9.160. SIGNS 9.160.060 Permitted Temporary Signs. A. Definition. "Temporary sign" means any non -illuminated sign which may require a sign permit and which is intended to be posted for a maximum of 60 days. Temporary signs include -without limitation: political campaign signs, garage sale signs, real estate for sale, for lease, for rent or open house signs, and seasonal sales signs. B. Maximum Time Periods. No temporary sign shall be posted for more than 60 consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within 90 days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within three working days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. Except where an approval is obtained under Subsection F of this Section, temporary signs placed on public property may not exceed six square feet in area and temporary signs placed on private property may not exceed 12 square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed 24 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030 D. Maximum Height. Free-standing temporary signs which are placed on public or private property shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single -floor buildings shall not be higher than'the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed 50. F. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, mailboxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs, or traffic signs or signals. Temporary signs shall be posted no closer than five feet from the edge of the paved area of.any public road or street. Temporary signs shall be placed no less than 200 feet apart from identical or substantially similar temporary signs and shall not be visible simultaneously with the boundaries of the City. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. _ 9 9160. SIGNS G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post more than five temporary signs on private or public property which will be visible simultaneously within the boundaries of the City shall make application to the Community Development Department for a sign permit. To insure sign removal upon expiration of the permitted posting time, a refundable deposit as established by City Council Resolution shall be paid in conjunction with the issuance of the sign permit. 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the Community Development Department a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and who will reimburse the City for any costs incurred by the City in removing each such sign which violates the provisions of this Section. 2. Standards for Approval. a. Within ten business days of the Community Development Department's receipt of a temporary sign permit application, the Community Development Director shall approve or disapprove such application. If the Director disapproves an application, the notice of disapproval shall specify the reasons. for disapproval. The Director shall approve or disapprove any permit application for temporary signs based on character, location, and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this Section. b. The Director's decision with respect to a permit application for a temporary sign may be appealed to the Planning Commission. H. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the City determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five days of the date of notice. 3. Removal from Private Property. If the City finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, the City shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to Subsection F of this Section, that the temporary sign is in violation of this Section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or 10 9.160. SIGNS responsible person to remove or alter such temporary sign. If the City cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefor fails to comply with the notice within five days after such notice is given, the temporary sign shall be deemed abandoned, and the City may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the City. 9.160.070 Permitted Semi -Permanent Signs. A. Definition. "Semi -permanent sign" means a non -illuminated sign which requires a sign permit ane which is intended to be erected or posted for a minimum of 61 days and a maximum of one year. B. Maximum Time Periods. No semi -permanent sign shall be posted for more than one year. In addition, all semi -permanent signs shall be removed within.ten days after the occurrence of the event, if any, which is the subject of the semi -permanent sign. (For example, a semi -permanent sign advertising the future construction of a facility on the site shall be removed within ten days after the facility has received a certificate of occupancy, and a model home complex identification sign shall be removed within ten days after the model homes are completed and sold). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. semi -permanent signs may not exceed 32 square feet in area. The aggregate area of all semi -permanent signs placed or maintained on any parcel of real property in one ownership shall not exceed 64 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Free-standing semi -permanent signs shall not exceed eight feet in height. Semi -permanent signs which are posted, attached or affixed to multiple -floor buildings shall not be placed higher than the finish floor line of the second floor of such buildings and such signs posted, attached or affixed to single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the number of signs on any parcel exceed 10. F. Placement Restrictions. Semi -permanent signs may not be posted on public property, as defined in Section 9.160.130QQ. Semi -permanent signs may not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. Temporary signs may not be posted on sites approved for semi -permanent signs unless specifically authorized by the semi -permanent sign permit. G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post or erect a semi -permanent sign shall make application to the Community Development Department for a semi -permanent sign permit. 11 9.160. SIGNS 1. Statement of Responsibility Required. Each applicant for a semi -permanent sign permit shall submit to the Community Development Department a statement of responsibility certifying a natural person who will be responsible for removing each semi -permanent sign for which a permit is issued by the date removal is required, and who will reimburse the City for any costs incurred by the City in removing each such sign which violates the provisions of this Section. 2. Standards for Approval. a. Within ten business days of the Community Development Department's receipt of a semi- permanent sign permit application, the Director shall approve or disapprove such application. If the Director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The Director shall approve or disapprove any permit application for semi -permanent signs based on character, location, and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this Section. b. In any event, no permit application shall be approved which proposes to place in excess of ten semi -permanent signs on private or public property which will be visible simultaneously from a single location and orientation within the boundaries of the City. c. The Director's decision with respect to a permit application for a semi -permanent sign may be appealed to the Planning Commission. H. Time Extensions. The applicant may apply for a time extension of up to one year from the date of expiration. The Community Development Director shall approve the application for an extension of time upon finding that the semi -permanent sign is otherwise in compliance with the requirements of this Section and that the time extension is necessary to accomplish the purposes for which the semi- permanent sign has been posted. I. Maintenance and Removal of Semi -Permanent Signs. 1. Maintenance. All semi -permanent signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal. If the City finds that any semi -permanent sign is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, the City shall give written notice to the owner of the semi -permanent sign, or the person who has claimed responsibility for the semi -permanent sign pursuant to Subsection F of this Section, that the semi -permanent sign is in violation of this Section, shall specify the nature of the violation, and shall direct the owner of the semi -permanent sign or responsible person to remove or alter such semi -permanent sign. If the City cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to each semi- permanent sign which is in violation. If the owner of the semi -permanent sign or the person 12 9.160: SIGNS responsible therefor fails to comply with the notice within five days after such notice is given the semi -permanent sign shall be deemed abandoned, and the City may cause such semi- permanent sign to be removed and the cost thereof shall be payable by the owner or person responsible for the. semi -permanent sign to the City. 9.160.080 Semi -Permanent Downtown Village Directional Sign Program. A. Purpose. To provide vehicular direction to specific businesses which, due to their location within the boundaries of the "Village at La Quinta" Specific Plan area and away from major arterials, are difficult to find. B. Definition. "Downtown Village Directional Sign Panel" means an interchangeable sign panel which does not require a sign permit, is mounted on a monument base structure. The sign panels list businesses in the Village at La Quina area. C. Maximum Time Periods. No Downtown Village Directional Sign Panel shall be installed for more than eleven consecutive months out of any 12 month period. The date of installation shall be legibly marked on the lower right hand corner of the face of the sign. D. Monument Base Structure - Size and Standards. Downtown Village Directional Sign Panels shall only be installed in approved monument base structures which conform to the following standards: 1. Structures shall not exceed eight (8) feet in height and six (6) feet in width. 2. Structures shall contain no more than six (6) sign panels per face or side. 3. Structures shall have no more than two faces or sides. 4. Structure shall include, at the top, a decorative cap or sign of maximum two feet six inches high and six feet wide. 5. The base shall be constructed of block, brick, wood, stone, or other similar material. 6. Design, construction, color, and materials of structure and text shall be approved by the Planning Commission. 7. No tag, sign, streamer, devise, display board or other attachment may be added or placed upon the structure. E. Sign Panel Size and Standards. Downtown Village Directional Sign Panels which are mounted in the monument base structures shall be eight (8) inches in height and five (5) feet wide, and shall conform to the following standards: 13 9.160: SIGNS 1. The use of said sign panels shall be for the sole identification of any commercial businesses located and operating within the boundaries of the Village at La Quinta Specific Plan area. 2. Each sign panel shall contain the name of the business and a directional arrow on one line. 3. Indirect lighting may be provided as set forth in Section 9.100.150. F. Sign Locations. Five structures shall be allowed with specific locations to be approved by the Planning Commission. The specific location at each intersection shall be approved by the Director of Community Development and the Director of Public Works. The structures may be located in the City's right-of- way. If located in the right-of-way, an encroachment permit shall be obtained from the Director of Public Works. The structures shall be located for maximum readability and traffic/pedestrian safety. G. Installation. The City shall have the discretion to contract with a nonprofit group or non- governmental agency to install and manage the sign panels and structures. Fees may be charged only to the extent necessary to cover costs for installation and subsequent maintenance. The group or agency chosen to administer the Downtown Village Directional Sign Program shall sign a Memorandum of Agreement with the City setting forth the Scope of Responsibilities and Services to be provided. H. Maintenance. The group or agency contracted to install and manage the sign panels and structures shall be responsible for maintaining the panels and structures in good order at all times. Upon request by the City, sign panels and structures shall be repaired and/or maintained within 30-days of said request. Failure to repair/maintain sign panels and structures shall be cause for City to request removal or to remove. 9.160.090 Sign Permit Review. A. Sign Permit Required. Sign permit approval is required prior to obtaining a building permit for the placing, erecting, moving, reconstructing, altering, or displaying any sign on private property within the city, unless the review procedure is exempt under Section 9.160.020 of this Chapter or other provisions of this Chapter. Signs requiring approval shall comply with the provisions of this Chapter and all other applicable laws and ordinances. Signs legally existing prior to the effective date of the ordinance codified in this Chapter shall not require approval until such time as the sign is moved, structurally altered, changed or relocated; at which time, the review and approval provisions of this Chapter shall apply before a sign permit and/or building permit is issued. B. Submission Materials. The following shall be submitted by the applicant to the Community Development Department at the time of permit application unless otherwise modified by the Community Development Director: 1. Completed sign application obtained from the City; 14 9.160: SIGNS 2. Appropriate sign plans with number of copies and exhibits as required in the application; 3. Appropriate fees as established by City Council resolution; 4. Letter of consent or authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected. 5. Sign plans with the following information: a. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy and illumination method; b. Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color, material, copy, and method of illumination indicated for each; c. Building elevations with signs depicted (for building -mounted signs). C. Review Procedures: Standard Sign Application. 1. The standard sign application is used by the Community Development Department to process the following sign applications using the standards and provisions contained in this Chapter. a. Two or less permanent signs; b. Signs in conformance with a previously approved planned sign program pursuant to Subsection D of this Section. 2. The Community Development Director or other authorized staff member shall review standard sign applications and shall make a determination to either approve, approve with modification, or deny the application. The review shall consider the size, design, colors, character and location of the proposed signs. 3. A standard sign application shall only be approved after a finding that the proposed sign is consistent with the purpose and intent of this Chapter and the regulations herein. D. Review Procedures: Planned Sign Programs. 1. Planned Sign Programs. Planned sign program review per the provisions of this Subsection is required for submissions which: (1) include three or more permanent signs; (2) are in conjunction with review of a site development permit by the Planning Commission; or (3) include a request for a sign adjustment to a sign previously approved under a planned sign program. 15 9.160: SIGNS 2. The Planning Commission shall make a determination to either approve, approve with modifications, or deny planned sign program applications in conjunction with its review of the associated development project; 3. The Planning Commission, upon completion of its review, may attach appropriate conditions to any sign program approval. In order to approve a planned sign program, the Commission must find that: a. The sign program is consistent with the purpose and intent of this Chapter; b. The sign program is in harmony with and visually related to: (1) All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape. (2) The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified. (3) Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. 4. Modification of signs within a previously -approved sign program shall be reviewed by the Community Development Director and approved by the Planning Commission under the same procedures as review of a new planned sign program. E. Sign Adjustments. Adjustments to planned sign programs to permit additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination, or additional height may be granted by the Planning Commission. Applications for sign adjustments shall be submitted in writing on forms provided by the Community Development Director. The Planning Commission shall make on or more of the following findings in conjunction with approval of a sign adjustment: 1. Additional Area: a. To overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location; b. To achieve an effect which is essentially architectural, sculptural, or graphic art; c. To permit more sign area in a single sign than is allowed, but less than the total sign area allowed on the site, where a more orderly and concise pattern of signing will result; d. To allow a sign to be in proper scale with its building or use; e. To allow a sign compatible with other conforming signs in the vicinity; f. To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual. lot shape (e.g., flag lot), the street frontage is excessively narrow in proportion to the average width of the lot. 16 9.160. SIGNS 2. Additional Number: To compensate for inadequate visibility, or to facilitate good design balance. 3. Alternative Locations: a. To transfer area from one wall to another wall or to a free-standing sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback; b. To permit the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street. In addition to any other requirements, the applicant shall submit evidence of the legal right to establish and maintain a sign within the access easement; c. Additionally, alternative on -site locations may be granted in order to further the intent and purposes of this Chapter or where normal placement would conflict with the architectural design of a structure. 4. Alternative Type of Sign: To facilitate compatibility with the architecture of structure(s) on the site and improve the overall appearance on the site. 5. Additional Height: To permit additional height to overcome a visibility disadvantage. F. Disposition of Plans. When revisions to sign plans are required as a condition of approval, the applicant shall submit the required number of copies of the revised plans to the Community Development Department to be stamped "Approved." The department will retain copies and a set will be returned to the applicant. 2. After approval is granted, it shall be the responsibility of the applicant to submit all required applications, plans, bonds, and fees to the Building and Safety Department and the Community Development Department for issuance of the building permit. G. Sign Permit Expiration and Time Extensions. 1. Approval of a standard application or planned program application shall expire one year from its effective date unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of the approval, the applicant may apply to the Director for an extension of up to one year from the date of expiration. The Director may make minor modifications or may deny further extensions of the approved sign or signs at the time of extension if the Director finds that there has been a substantial change in circumstances. 17 9.160. SIGNS 2. The expiration date of the sign approval(s) shall automatically be extended to concur with the expiration date of building permits or other permits relating to the installation of the sign. 3. A sign approval shall expire and become void if the circumstances or facts upon which the approval was granted changes through some subsequent action by the owner or lessees such that the sign would not be permitted per this Chapter under the new circumstances. H. Appeals. Any decision of the Community Development Director made pursuant to this Chapter may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. The appeal must be made within 15 calendar days of the decision date, in accordance with Section 9.160.120. 9.160.100 Prohibited Signs. The signs and displays listed in this Section are prohibited. Such signs are subject to removal by the City at the owner's or user's expense. Prohibited signs include the following: 1. Any sign not in accordance with the provisions of this Chapter; 2. Abandoned signs; 3. Rotating, revolving, or otherwise moving signs; 4. Trailer signs and other signs with directional arrows affixed to vehicles which are used exclusively or primarily for advertising, unless specifically permitted. 5. Flags, pennants, streamers, spinners, festoons, windsocks, valances, or similar displays, unless specifically permitted in this Chapter; 6. Animated or flashing signs; 7. Portable signs, unless specifically permitted in this Chapter; 8. Off -premise signs, unless specifically permitted in this Chapter; 9. Billboards or outdoor advertising signs; 10. Signs which identify or advertise activities which are illegal under federal, state, or local laws in effect at the location of such signs or activities; 11. Building -mounted signs placed on or above the roof or above the eave line of any structure; 18 9.160. SIGNS 12. Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal; 13. Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination may be confused with or construed as a traffic -control sign, signal, or device, or the light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal device; 14. Signs that create a potential safety hazard by obstructing clear view of pedestrian or vehicular traffic; 15. Signs located upon or projecting over public streets, sidewalks, or rights -of -way (unless specific approval has been granted); 16. Signs attached to utility poles or stop signs or other municipal sign structure. 17. Balloon signs, inflatable animal or other figures, or other inflatable displays, whether tethered or not, except as otherwise permitted by a Temporary or Special Outdoor Event permit. 18. Signs located closer to overhead utility lines than the minimum distance prescribed by California law, or by the rules duly promulgated by agencies of the state or by the applicable public utility. 19. "For Sale" signs affixed to vehicles parked on public right-of-way or on any vacant property. 20. Neon signs, except those specifically approved as an activity's major identification sign; 21. Signs drawn or painted onto or otherwise affixed to trees or rocks unless specifically permitted in this Chapter; 22. Advertising statuary; 23. Any temporary sign or banner, unless specifically permitted in this Chapter; 9.160.110 Nonconforming Signs. A. Nonconforming Signs. Every legal sign in existence on the effective date of this Code which does not conform to the provisions of this Chapter but which was in conformance with City sign regulations in effect prior to said effective date, shall be deemed a nonconforming sign and may be continued and maintained provided: M 9.160: SIGNS a. The sign is properly maintained and does not in any way endanger the public; and b. The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of the ordinance codified in this Chapter. 2. No nonconforming sign shall be changed to another nonconforming sign, changed in any manner that increases the sign's noncompliance with the provisions of this Chapter, nor expanded or structurally altered so as to extend its useful life_ This restriction does not preclude change of sign copy or normal maintenance. 3. Any nonconforming sign which is damaged or destroyed beyond 50 percent its value shall be removed or brought into conformity with the provisions of this Chapter. The determination whether a sign is damaged or destroyed beyond such 50 percent of value shall rest with the Community Development Director and shall be based upon the actual cost of replacing said sign. 4. The burden of establishing a sign as legally nonconforming under this Section rests upon the person or persons, firm or corporation claiming legal status for a sign. 9.160.120 Enforcement, Sign Removal, and Abatement. A. Enforcement Responsibility. It shall be the duty of the Director or the Director's authorized representative to enforce the provisions of this Chapter. B. Illegal and Abandoned Signs. 1. Illegal Signs. Any sign which does not have a required permit or which otherwise violates applicable provisions of this Chapter shall be deemed illegal. If the Director determines a sign to be illegal, the Director may order the property owner and/or sign owner to remove the sign or may require other actions to ensure compliance with this Chapter. Further, in order to discourage the erection of signs without a permit, the Director may require that such illegally - erected signs be removed prior to review. If the Director determines that such removal is not feasible, such illegal signs shall be subject to a tripled sign permit application fee in conjunction with sign review. 2. Abandoned Signs. Any sign located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or which pertains to a time, event or purpose which no longer applies shall be deemed abandoned. Such signs shall be removed within 90 days after the associated enterprise or occupant has vacated the premises or within 90 days after the time, event, or purpose which no longer applies has ended. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal per Section. 20 9.160: SIGNS C. Unsafe Public Signs..Any sign deemed by the City to be a danger to the public under any applicable ordinance or other statute shall be repaired or altered to as to be deemed safe by the City or shall be removed pursuant to Section. D. Expired Temporary and Semi -Permanent Signs. A temporary or semi -permanent sign which remains posted beyond the time limits set out therefor in Sections 9.160.060H and 9.160.070I respectively shall be removed. E. Abatement and Removal of Signs. 1. Abatement Procedures. Any illegal or abandoned sign may be deemed to be a public nuisance that poses an immediate danger to the health, safety and welfare of the community by creating an obstruction to circulation, including, but not limited to, vehicular and pedestrian. The owner of the sign shall be responsible and liable for the removal and disposition of the sign. a. Abatement. Upon discovering the existence of an illegal sign, the Director shall have the authority to order the immediate abatement and removal thereof. The Director shall notify the owner thereof, or the owner's representative, in person or by mailing an owner's representative in person or by mailing an abatement notice to the owner's last known address. Such notice shall state the time limit, if any, granted for removal of the sign and the statement that the Director shall remove the sign after the stated time, the procedure for retrieving a removed sign, and a statement that the owner may request a hearing to appeal the abatement and removal by submitting a written request. The amount of time stated for removal of a sign may be reduced or eliminated if the Director determines that the illegal sign constitutes an immediate danger to the health, safety, and welfare of the community or is a safety hazard. b. Hearings. 1) Any sign removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 30 days after such removal and upon the payment of reasonable administrative fees. Such administrative fees shall be waived if, after a hearing to appeal has been requested, a determination is made at such hearing that the fees shall be waived. The administrative fees for the removal and storage of the sign shall be established or modified by resolution of the City Council and shall include the actual cost of removal and storage of any sign plus the proportional share of administrative costs in connection therewith. 2) Any hearing to appeal an abatement order which is requested shall be conducted within five working days of the receipt of the request by the City Manager, who should be designated as the hearing officer. The failure of either the owner or his agent to request a hearing shall waive the right to a hearing. At the hearing, the hearing officer shall determine whether good cause was shown for the abatement and removal of the sign. The decision of the hearing officer shall be deemed the final administrative 21 9.160: SIGNS determination. If good cause is shown for the abatement and removal of the sign, the owner or his agent shall have 15 days from the date of the hearing to retrieve his sign upon payment of the administrative fee. If good cause is not shown for the abatement and removal of the sign, the administrative fee shall be waived and the owner of this agent shall have 15 days to retrieve his sign. c. Disposition. Any sign not retrieved by its owner within 30 days after delivering or mailing the abatement notice when such owner has not requested a hearing to appeal, or within 30 days of storage of the sign by the City in all other cases, shall be deemed to be permanently abandoned and may be disposed of by the City. F. No City Liability. Neither the City nor any of its agents shall be liable for any damage to a sign which is removed under this Section. G. Legal Action. In response to any violation of the provisions of this Chapter, the City may elect to file a criminal complaint against the violator, issue a citation to the violator for an "infraction" pursuant to California Government Code Section 36900, or institute a civil action in a court of competent jurisdiction. 9.160.130 Sign Definitions. For the purposes of this Chapter, words and phrases relating to signs shall be defined as follows: A. "Abandoned sign" means a sign which is located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or a sign which pertains to a time, event or purpose which no longer applies. B. "Accessory sign" means a sign whose copy refers to the products, facilities, or services available on the premises. C. "Advertising statuary" means an imitation or representation of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used to identify or advertise a product or service. D. "Advertising vehicles" means any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Public buses or taxis are exempt from this prohibition. 22 9.160. SIGNS E. "Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service message center signs and flags. F. "Attraction board" means a sign capable of supporting copy which is readily changeable without the use of tools, such as a theater marquee, and which refers to products, services, or coming events on the premises. G. "Banner" or "banner sign" means a sign hung either with or without frames, possessing written communication applied to nonrigid paper, plastic or fabric of any kind. H. 'Billboard means an off -premise sign with changing advertising copy or other changing copy. I. 'Bulletin board" means a board, kiosk, or wall area on which are affixed personal notices, lost - and -found notices, business cards, and similar small informal notices referring to products, services, activities, or other items not offered on the same premises. The term bulletin board shall not include business identification signs or attraction boards. J. "Building -mounted sign" means a sign affixed to a building, painted directly on a wall, or erected against the wall of a building. Building -mounted signs include awning signs, fascia signs, mansard roof signs, wall signs, window signs, projecting signs, and under -canopy signs. K. 'Business" means a commercial, office, institutional, or industrial establishment. L. "Canopy" means a fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground, or supported by a frame extending from the building and/or posts from the ground. M. "Construction sign" or "future facility construction sign" means a sign containing information pertaining to a future development on the site where the sign is located, including the name of the project, the developer, contractor, financing source, future occupant(s), and other information directly related to.the development. N. "Copy" or "sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign. O. "Development" means, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought 23 9.160. SIGNS about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. P. "Directional sign" means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy. (Examples are: "one-way," "entrance," "exit," "parking in rear," "15 miles per hour," "no left turn"). Q. "Director" or "Community Development Director" means the Community Development Director for the City of La Quinta or the Director's authorized agent or representative. R. "Electronic message board sign" means a sign with a fixed or changing display composed of a series of lights, but does not include time and temperature displays. S. "Exempt sign" means a sign which is designated in this Code as not subject to certain regulations. T. "Face of building wall" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. U. "Fascia" means a parapet -type wall used as part of the fascia of a flat -roofed building and projecting not more than six feet from the building face immediately adjacent thereto. Such a wall shall enclose at least three sides of the projecting flat roof and return to a parapet wall or the building. V. "Flag" means a visual display device without copy, made of flexible material, usually cloth, paper, or plastic. W. "Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from the definition are public service message center signs. X. "Free-standing sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs, and ground signs. Y. "Garage sale sign" (i.e., yard sales, moving sales, patio sales) means a sign used to announce sale of a used item or items. Z. "Identification sign" or "ID sign" means a sign whose copy is limited to the name and address of a building, business, office, establishment, person, or activity. 24 9.160: SIGNS AA. "Illumination" means the method by which a sign is lighted so as to be readable at night. The following types of illuminatioA are provided for in this Chapter: "Direct illumination" means the lighting of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face. 2. "Indirect illumination" means the lighting of an opaque sign face from a light source mounted in front of the face, or the lighting of opaque sign copy (on an opaque sign face) via lights mounted into the copy and shining rearward onto the face to form a lighted "halo" around the copy (e.g. "reverse channel" letters). BB. "Landscaping" means any material used as a decorative feature, such as shrubbery or planting materials within planter boxes or concrete bases, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy. All landscape areas shall be maintained in a healthy and viable condition for the life of the sign. CC. "Logo" means a trademark or symbol of an organization. DD. "Mansard roof sign" means any sign attached to or supported by a mansard roof. A "mansard roof' is a roof having two slopes, the lower steeper than the upper, and having a slope of sixty degrees or greater with the horizontal plane. EE. "Monument sign" means a free-standing sign mounted on a low -profile solid base or a fence, or a free-standing wall, as distinguished from support by poles. FF. "Multiple -building complex" means more than one structure on a parcel of land housing commercial uses -in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide an area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple -building complex may, but need not, include common ownership of the real property upon which the center is located, common -wall construction, and multiple -tenant commercial use of a single structure or structures in multiple buildings. GG. "Multiple -tenant (commercial) building" means a commercial development in which there exists a number of separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple -tenant commercial building may, but need not, include common ownership of the real property upon which the center is located, common -wall construction, and multiple -occupant commercial use of a single structure. HH. "Neon sign" means a sign which utilizes neon or other gases within translucent tubing in or on any part of the sign structure. 25 9.160. SIGNS II. "Off -premise sign" means a structure which bears a sign which is not appurtenant to the use of the property where the sign is located or a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as a purveyor of the merchandise or services advertised upon the sign. Some temporary signs are not defined as off -premises signs as used within this Chapter. JJ. "On -premise sign" means a sign referring to a person, establishment, merchandise, service, event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located. KK. "Parapet wall" means a wall extending above the roof plane of the building. LL. "Permanent sign" means any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall or building, provided the sign is listed as a permanent sign in this Chapter. MM. "Political campaign sign" or "political sign" means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, initiative, or to the advocating by persons, groups or parties of political views or policies. NN. "Portable sign" or "mobile sign" means a sign made of any material, which, by its design, is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building, or a sign upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base or platform for the sign. (Also includes sidewalk or sandwich board signs). 00. "Projecting sign" means any sign with two parallel faces no more than eighteen inches apart projecting twelve inches or more from the wall or eaves of a building. No guy wires, braces, or secondary supports are visible. PP. "Private Property" means any property other than public property. QQ. "Public Property" means any real or personal property in which the City or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public property shall include, without limitation, any street, sidewalk, curb, curbstone, street lamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph wire, pole or appurtenance thereof, any fixture of a fire alarm or police telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life buoy, life preserver, lifesaving equipment, street, sign, traffic sign or signal, street median, public park, or other publicly owned property or structure. 26 9.160: SIGNS RR. "Public service message center sign" means an electronically or electrically controlled sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix. SS. "Real estate sign" means a sign advertising the sale, lease or rent of the property upon which it is located and the identification of the person or firm handling such sale, lease or rent. TT. "Roof sign" means any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building. UU. "Seasonal sales sign" means a sign used to advertise a business or merchandise held seasonally for a limited interval, all or most of whose business is conducted or whose merchandise is displayed in an outdoor area. VV. "Sign" means any medium for visual communication, including but not limited to words, symbols and illustrations, together with all parts, materials, frame and background, which is used or intended to be used to attract attention to, identify, or advertise an establishment, product, service, activity or location, or to provide information. WW. "Sign area" means the following: Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including non- structural perimeter trim but excluding structures or uprights on which the sign is supported. 2. Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following. 3. Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters. 4. Double -Faced Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is 20 sq.ft., a double-faced sign may have an area of 20 sq.ft. per face. 5. Three -Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has 4 faces and the maximum permitted sign area is 20 sq.ft., the maximum allowable area for each face is only five sq/ft. 27 9.160. SIGNS 6. Separated -Panel Signs. The sign area of open or separated panel signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels. XX. "Sign face" means the exterior surface of a sign exclusive of structural supports, on which is placed the sign copy. YY. "Sign height", "height of sign", or "height" means the following: 1. For building -mounted signs, the distance from the average finish grade directly beneath the sign to the top of the sign. 2. For free-standing signs, the distance from top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the Director determines that a free-standing sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign. ZZ. "Sign permit" means an entitlement from the City to place or erect a sign. AAA. "Sign program" means the method of review and approval of signs by one of the following two procedures: Standard sign application. The review and approval of standard sign applications for is conducted by the Community Development Director consistent with the regulations and standards as identified for various signs in this Chapter. 2. Planned sign program. The review and approval of applications for signs under this program is conducted by the Planning Commission. The Planning Commission may exercise discretion to provide additional flexibility in the application of the regulations of this Chapter. BBB. "Sign structure" means the structural supports, uprights, and bracing for a sign. CCC. "Special event sign" means a sign used to announce a circus, carnival, festivals or other similar events. DDD. "Subdivision sign" means a sign containing the name, location or directions to a builder, developer, and pertinent information about a subdivision for which there is a properly approved and recorded map and in which homes remain to be constructed or initially sold. EEE. "Under -canopy sign" means a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling, or marquee. 28 9.160: SIGNS FFF. "Wall sign" means a sign attached to, erected on, painted on or otherwise affixed to the exterior wall of a building or structure in such a manner that the face of the sign is approximately parallel to the exterior wall of the building and exposed to the exterior side of the building. Signs or advertising displays in or on windows are not considered wall signs. GGG. "Window sign" means any sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. 29