Beaumont Municipal Code Ch. 17.C.08 Signs

A. Purpose. It is the purpose of this Chapter to make the City attractive to residents, visitors and commercial, manufacturing and industrial and professional businesses while maintaining economic stability and vitality through an attractive signing program.

B. Recognition of Needs; Goals. The City recognizes the need for signs as a means to identify businesses and other necessary and beneficial activities within the community. The City finds that signage is an important design element of the physical environment. Provisions consistent with the goals and objectives of the community are necessary to ensure that the special character and image that the community is striving for can be attained while serving business and other needs in the community. The City is striving to provide an economically stable and visually attractive community through high quality site planning, building designs, landscaping and signage. As a planned architectural feature, a sign can be pleasing and can harmonize with the physical character of its environment. Proper controls can achieve this goal and will make the City a more attractive place to live, work and shop.

C. Interests Served. The City enacts this Chapter to serve many important governmental, City and community interests, which include but are not limited to: community aesthetics and the promotion of the visual appeal of the City, promotion of economic activity, and the promotion of safety for motorists and pedestrians.

D. Authority. The City enacts this Chapter in compliance with the authority granted by the State Legislature and codified as California Government Code § 65850, and federal laws, including such provisions requiring the display of specified signs or information.

E. Objectives. The objectives of this Chapter are:

1. To provide a reasonable system of controls for signs, to ensure the development of a high quality visual and functional environment;

2. To encourage signs which are well designed and pleasing in appearance;

3. To preclude potential traffic and safety hazards through good signing;

4. To regulate signs in a manner consistent with the General Plan;

5. To regulate signs in a manner consistent with the free speech rights guaranteed by the First Amendment to the United States Constitution and the liberty of speech and related provisions of the California Constitution; and

6. Recognize that commercial and residential areas within the City have different regulatory needs due to their inherent characteristics and may require different sign regulations based on the respective land uses, and that aesthetic impacts based on sign size, illumination, and placement may create a greater public nuisance in residential neighborhood areas than in commercial areas.

A. Purpose. This Chapter applies to all signs within the City regardless of their nature or location, unless otherwise specifically exempted in Subsection 17.C.08.020.E (Signs Exempt from Sign Permits).

B. Message Neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. Notwithstanding the remaining sections in this Chapter, this Chapter shall in all instances be administered and enforced to be consistent with the law established by the Supreme Court in Reed v. Town of Gilbert (2015) 576 U.S. 155. The Community Development Director is authorized to grant administrative variances as necessary to ensure that this chapter is administered in a manner consistent with Reed v. Town of Gilbert. Furthermore, no enforcement of this Chapter shall occur without the Community Development Director's review and approval that such enforcement would not be impermissibly content based and would be consistent with federal and state constitutions and laws.

C. Picketing and Protesting. Nothing in this Chapter shall be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings, create a safety hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails, or violate any other reasonable time, place, and manner restrictions adopted by the City.

D. Preservation of Existing Rights and Duties. This Chapter does not abrogate or supersede any easements, covenants, or other existing agreements that are more restrictive than the provisions of this Chapter.

E. Signs Exempt from Sign Permits. Subject to the qualifications and conditions stated in this Section, the following signs are exempt from the application, permit, and fee requirements of this Chapter. However, the exemption from the sign permit requirement does not exempt the proposed sign from California Building Code permitting in Beaumont Municipal Code Title 15 (Buildings and Construction), including but not limited to building, electrical, plumbing, and grading permits. The following the signs are exempt from sign permits:

1. Temporary Signs. Temporary signs in compliance with this Chapter, except for special event signs or other temporary signs where this Chapter specifically indicates that a permit is required.

2. Permanent Window Signs. Permanent window signs not exceeding four square feet and limited to business identification, hours of operation, address and emergency information only.

3. On-site Directional Signs. Directional signs, on-site, not to exceed three square feet in sign area.

4. Residential Identification Signs. Residential building identification signs used to identify individual residences and not exceeding two square feet.

5. Official and Legal Notices. Official and legal notices issued by the court, public body, person or officer in performance of his public duty or in giving any legal notice.

6. Authorized by Law or Authority. Directional, warning, identification, or informational signs or structures required or authorized by law or by Federal, State, County or City authority.

7. Public Utility Signs. Signs of public utility companies, indicating danger or which serve as an aid to public safety, or which show location of underground facilities or public telephones.

8. Construction Safety Signs. Safety signs on construction sites.

9. Paper Signs. Paper signs and similar signs which are rotated on a regular basis, shall have a fastening device for a more permanent look.

10. Signs Not Readable from the Public Right-of-Way. Signs not readable from the public right-of-way, including:

a. Signs or displays located entirely inside of a building, within a courtyard, open-air pedestrian space or similar open area and not visible from the building's exterior; and

b. Signs intended to be readable from within a parking area or City park but not readable beyond the boundaries of the lot upon which they are located or from any public right-of-way.

11. Historic Signs. Historic plaques, memorial signs, or tablets either attached to or cut into the surface of buildings, provided that no such sign exceeds two square feet in area.

F. Sign Permit Required. A sign permit shall be required prior to the placing, erecting, moving or reconstructing of any sign in the City, unless the subject sign is expressly exempted from the permit requirement by this Chapter or other applicable law. Signs requiring a permit shall comply with the provisions of this Chapter and all other applicable laws and ordinances.

A. Enforcement Authority. The Community Development Director is authorized and directed to enforce the provisions of this Chapter. The Community Development Director may designate one or more representatives of the Department to implement the provisions of this Chapter.

B. Permits When Required. No sign may be constructed, mounted, or displayed in the City unless the same is duly permitted in compliance with this Chapter, or is exempt from permitting, either in accordance with this Chapter or by other applicable law. In addition to the requirements of this Chapter, all signs constructed, mounted or displayed within the City must also satisfy all applicable safety codes (building, electrical, plumbing, grading, etc.) and all applicable requirements of other bodies of law. All Sign Permits shall be filed and reviewed consistent with this Chapter and Division 17.D (Administration and Procedures).

C. Sign Programs. Sign Programs may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of signs, but may not override or modify any of these standards by more than 20 percent unless a Variance is approved consistent with Section 17.D.04.060 (Variances). All the provisions of this Chapter shall automatically apply to and be deemed a part of any Sign Program approved after the date on which this provision is initially adopted. All Sign Programs shall be filed and reviewed consistent with this Chapter and Division 17.D (Administration and Procedures).

D. Regulatory Interpretations. All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy and message substitution policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a structure as defined in the California Building Code, then the Community Development Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter.

1. This Chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message.

2. Any classification of signs in this Chapter that permits speech by reason of the type of sign, identity of the sign owner, or otherwise, shall also be interpreted to allow noncommercial messages on the sign.

3. No part of this Chapter may be construed to favor commercial messages over noncommercial messages.

4. To the extent any provision of this Chapter is ambiguous, the terms shall be interpreted not to regulate on the basis of the content of the message. All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy and message substitution policy.

5. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a structure as defined in the California Building Code, then the Community Development Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter.

6. Whenever the application of this Chapter is uncertain, the Community Development Director may refer the matter to the Planning Commission for determination consistent with Section 17.A.04.020 (General Interpretation).

E. Variances. Applications for a Variance from the terms of this Chapter shall be reviewed by the Planning Commission according to Section 17.D.04.060 (Variances); however, Variances shall be considered without reference to the proposed content, copy, or message of the proposed sign (other than the onsite/offsite distinction for commercial messages).

A. Rules for Non-Communicative Aspects of Signs. All rules and regulations concerning the non-communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

B. Message Substitution Policy. Subject to the landowner's consent, any noncommercial message may be substituted, in whole or in part, for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or any favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a lot; it does not allow the substitution of an offsite commercial message in place of an onsite commercial message, and it does not affect the requirement that a sign structure or mounting device be properly permitted and maintained.

C. Prohibited Signs. The signs described in this subsection are prohibited, unless some other more specific provision in this Chapter or other applicable law makes them allowable, either by permit or exemption from the permit requirement.

1. Sign Types.

a. Roof signs;

b. Portable signs;

c. Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots;

d. Any sign animated by any means, including fixed aerial displays, balloons, pennants, kites, spinners, including strings of flags, streamers, tubes, or other devices affected by the movement of the air or other atmospheric or mechanical means except as allowed under Section 17.C.08.050 (Temporary Signs) and Subsection 17.C.08.020.E (Signs Exempt from Sign Permits);

e. Stuffed, inflated, or air-activated animals or characters used as signs;

f. Exposed raceways; and

g. Billboards, except for relocated billboards. See Subsection 17.C.08.040.C.2 (Location Restrictions).

2. Location Restrictions. Except where specifically authorized in this Chapter, signs must not be placed in the following locations or manner:

a. Within, on, or projecting over public property including City rights-of-way, or within five feet of City rights-of-way, except as specifically provided in this Chapter;

b. Off-site commercial signs on permanent structures;

c. Signs, posters and advertisements attached to any public utility pole, structure or streetlight, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, statue, memorial or other location on public property, except those signs approved as part of a special event permit on City property or banner signs permitted by the City on light poles within the City;

d. Tacked, painted, pasted, or otherwise affixed, to the walls of any building, barn or shed, accessory structure, or on trees, poles, posts, fences, ladders, or other structures that are visible from a public right-of-way;

e. Any location that obstructs the view of any authorized traffic sign, signal, or other traffic control device or which by reason of shape, color, or position interferes with or could be confused with any authorized traffic signal or device;

f. Any sign which is placed in a manner that would prevent or inhibit free ingress to or egress from any door, window, vent, or any exit way required by the Building Code, or by Fire Department regulations (currently in effect);

g. Signs mounted, attached, or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on private premises in a manner intended to attract attention of the public for the purpose of advertising or identifying the business premises unless such vehicles are purposefully incorporated into the design of the sign and the sign has either been issued a permit by the Community Development Director or is nonconforming. This provision excludes signs indicating the name of the owner or business that are permanently painted or wrapped on the surface of the vehicle, adhesive vinyl film affixed to the interior or exterior surface of a vehicle window, or signs magnetically attached to motor vehicles or rolling stock that are actively used in the daily conduct of the business; however, vehicles must be operable, legally registered, and parked in a lawful or authorized manner.

h. Painted, attached, or mounted on fuel tanks, storage containers, solid waste receptacles or their enclosures, and similar structures, except for a manufacturer's or installer's identification, appropriate warning signs and placards, and information required by law; and

i. Areas where a sign would cover the architectural features of a building, such as dormers, insignias, pilasters, soffits, transoms, trims, or another architectural feature.

j. Within the visibility triangle area described in Section 17.C.02.030 (Fences and Walls).

3. Display Restrictions. Signs with the following display features are prohibited:

a. Any sign or lighting device, whether on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot, or from any public right-of-way, with intermittent, flashing, rotating, blinking, or strobe light illumination;

b. Any sign with an exposed light source (e.g., lightbulb) unless otherwise allowed by this Chapter;

c. Any sign which emits sound, odor, smoke, laser or hologram lights, or other visible matter, including any sign that uses motion picture projection; and

d. Any sign in which the sign body or any portion of the sign rotates and/or revolves, moves up and down, or any other type of action involving a change in position of the sign body or any portion of the sign, whether by mechanical or any other means. Barber poles no larger than three feet high and 10 inches in diameter, and clocks, are excepted from this restriction.

D. Rules of Measurement for Signs.

1. Sign Area Measurement. Sign area is measured as follows:

a. Signs on background panel. Where the sign copy is mounted, affixed, or painted on a background panel or distinctively painted, textured, or constructed surface, the sign area is measured as the sum of the smallest rectangle(s) that will enclose both the sign copy and the background, as shown in Figure 17.C.08.040-1 (Signs on Background Panel).

FIGURE 17.C.08.040-1: SIGNS ON BACKGROUND PANEL [Figure: FIGURE 17.C.08.040-1: SIGNS ON BACKGROUND PANEL]

b. Signs with individual letters. Where the sign has individual letters or graphics mounted against a wall, fascia, mansard, parapet, or other building surface that has not been distinctively painted, textured or constructed as a background panel, the sign area is measured as a sum of the smallest rectangle(s) that will enclose each word and each graphic in the total sign except for the descending elements of lower case letters, as shown in Figure 17.C.08.040-2 (Signs with Individual Letters). Where any individual type letters or symbols are separated by more than 36 inches from each other, those letters or symbols shall be calculated separately. Sign area for individual letters or graphics shall be counted as 75 percent of the area enclosing the sign copy.

FIGURE 17.C.08.040-2: SIGNS WITH INDIVIDUAL LETTERS [Figure: FIGURE 17.C.08.040-2: SIGNS WITH INDIVIDUAL LETTERS]

c. Irregular shaped signs. Sign area for irregular shaped signs is determined by dividing the sign into the smallest squares, rectangles, triangles, circles, or arcs that enclose each word or graphic in the sign, as shown in Figure 17.C.08.040-3 (Irregular Shaped Signs).

FIGURE 17.C.08.040-3: IRREGULAR SHAPED SIGNS [Figure: FIGURE 17.C.08.040-3: IRREGULAR SHAPED SIGNS]

d. Multi-face signs. The sign area for multi-face signs, as shown in Figure 17.C.08.040-4 (Multi-Face Signs), are measured as follows:

(i) Two-face signs. Where the interior angle between the two sign faces is 45 degrees or less and the sign faces are less than 42 inches apart, the sign area is measured as the area of one sign face only. Where the angle between the two sign faces is greater than 45 degrees, the sign area is the sum of the areas of the two sign faces.

(ii) Three- or four-face signs. The allowable sign area is measured as 50 percent of the sum of the areas of all sign faces.

FIGURE 17.C.08.040-4: MULTI-FACE SIGNS [Figure: FIGURE 17.C.08.040-4: MULTI-FACE SIGNS]

2. Sign Height Measurement.

a. Freestanding signs. Sign height for freestanding signs is measured as the vertical distance from the finished grade to the top of the sign.

FIGURE 17.C.08.040-5: FREESTANDING SIGN HEIGHT [Figure: FIGURE 17.C.08.040-5: FREESTANDING SIGN HEIGHT]

(i) Higher than adjacent grade. Where the grade at the base of a sign is higher than the grade of the adjacent road right-of-way, sign height is measured from the base of the sign, as shown in Figure 17.C.08.040-6 (Freestanding Sign Height, Higher Than Adjacent Grade).

FIGURE 17.C.08.040-6: FREESTANDING SIGN HEIGHT, HIGHER THAN ADJACENT GRADE [Figure: FIGURE 17.C.08.040-6: FREESTANDING SIGN HEIGHT, HIGHER THAN ADJACENT GRADE]

(ii) Lower than adjacent grade. Where the grade at the base of a sign is lower than the grade of an adjacent road right-of-way, the height of the sign is measured from the top of curb elevation, as shown in Figure 17.C.08.040-7 (Freestanding Sign Height, Lower Than Adjacent Grade). The portion of the sign below the grade at the edge of the right of way shall not be included in determining the sign's overall height.

FIGURE 17.C.08.040-7: FREESTANDING SIGN HEIGHT, LOWER THAN ADJACENT GRADE [Figure: FIGURE 17.C.08.040-7: FREESTANDING SIGN HEIGHT, LOWER THAN ADJACENT GRADE]

b. Wall signs. The height of building-mounted signs is the vertical distance measured from the base of the wall on which the sign is located to the top of the sign or sign structure, as shown in Figure 17.C.08.040-8 (Wall Sign Height).

FIGURE 17.C.08.040-8: WALL SIGN HEIGHT [Figure: FIGURE 17.C.08.040-8: WALL SIGN HEIGHT]

3. Building Frontage. Projections and recesses on a building wall may not exceed 10 feet for a continuous building frontage.

E. Sign Illumination.

1. Internal Illumination. Internally illuminated signs include single- or two-color LED signs, signs constructed with pan channel letters, or indirect halo illuminated channel letters (i.e., a reverse panel channel letter sign) on an unlit or otherwise indistinguishable background on a freestanding sign or building wall.

2. External Illumination.

a. Externally illuminated signs shall be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare.

b. The light source for externally illuminated signs shall be arranged and shielded to substantially confine all direct light rays to the sign face and away from streets and adjacent properties as illustrated in Figure 17.C.08.040-9 (External Illumination).

FIGURE 17.C.08.040-9: EXTERNAL ILLUMINATION [Figure: FIGURE 17.C.08.040-9: EXTERNAL ILLUMINATION]

3. Single-Color or Two-Color LED Signs.

a. Single-color or two-color LED signs are exempt from the sign area limitations for wall signs and window signs established in this Chapter.

b. Any individual single-color or two-color LED sign must not exceed four square feet in area.

c. Single color or two-color LED signs are not allowed in residential zones.

d. Single-color or two-color LED signs must be turned daily at the close of business or 10:00 p.m., whichever occurs last.

4. Electronic Message Signs.

a. Each display shall appear for a period of at least eight seconds. Displays shall not be animated, appear in incremental stages or move across the changeable copy sign face. The sign shall remain blank (no message or display) for at least one second between separate images.

b. Electronic message signs must not flash, blink, flutter, include intermittent or chasing lights, or display video messages (i.e., any illumination or message that is in motion or appears to be in motion).

c. Night-time brightness.

(i) Automatic control. Electronic message signs must be equipped with photocell technology to control and vary the intensity of light output depending on the amount of ambient light that is present to prevent overly bright luminance at night. Automatic controls must limit night luminance to a maximum of 100 nits when the display is set to show maximum brightness in 100 percent full white mode.

(ii) Manufacturer certification. The applicant shall include with the Building Permit application a written certification from the sign manufacturer that the nighttime luminance has been factory pre-set not to exceed the standard in Subsection 17.C.08.040.E.4.c.i (Automatic Control), and that this setting is protected from end-user modification by password-protected software or other method as deemed appropriate by the Chief Building Official.

d. Electronic message signs must be set to a maximum lighting intensity of 0.6 foot-candles as measured using a foot-candle meter placed 100 feet from the sign. Each sign shall have a redundant system for controlling sign brightness, including an automatic light sensing device or photocell that will adjust the brightness as ambient light conditions change, and a backup system based on local sunrise and sunset times.

F. Changeable Copy Signs.

1. Changeable copy signs shall only be allowed as an integrated component of marquee signs, wall signs, and monument signs consistent with this Chapter. This does not apply to any signs required by law.

2. Changeable copy signs may be non-illuminated or internally illuminated.

G. Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and run with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this Chapter unless stricter than this Chapter), or the ownership of sign structures.

H. Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is constructed, mounted or displayed. For purposes of this policy, owner means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.

I. Signs Related to Inoperative Establishments. Signs promoting activities or establishments which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 45 days after the premises has been vacated or the use abandoned. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this Code.

J. Construction.

1. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable state, federal, and city laws and regulations, including but not limited to the permitting requirements contained in Beaumont Municipal Code Title 15 (Buildings and Construction) relating to buildings and construction.

K. Motorists' Line of Sight. All sign locations shall be safe for traffic sight purposes. A sight distance study may be required with each monument or pylon sign being proposed when located next to any right-of-way, sidewalk, driveway, or as designated by the Community Development Director.

L. Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be issued a permit by the Community Development Director if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building.

M. Billboard Policy.

1. Prohibition. The Council finds that the City already has a sufficient number of billboards to satisfy the community's needs for offsite commercial messages, and that any new or additional billboards, which by their very nature cause serious aesthetic harm, would negatively impact the appearance of Beaumont. For these reasons, the City completely prohibits the construction, erection or use of any billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted, except for the relocation of existing billboards in compliance with this Section.

2. Relocated Billboards. Notwithstanding any other provision of this Chapter, upon entry into a relocation agreement with the City in compliance with California Business and Professions Code § 5412, the owner of an existing billboard within the City may convert a static copy billboard to an electronic billboard, subject to approval of a permit application in compliance with Chapter 17.D.04 (Permits and Approvals) and subject to the requirements of Chapter 8.50 (Outdoor Lighting) of the Beaumont Municipal Code. Such agreements may be approved by resolution of the Council upon terms that are agreeable to the City, in compliance with administrative guidelines, as adopted by a Council resolution. The execution of a relocation agreement shall not operate to change the status of any billboard as a nonconforming use for the purpose of this Code.

N. Maintenance.

1. All signs shall be maintained by any property owner, lessor, lessee, manager, agent, or other person having lawful possession or control over a sign, building, structure, or lot of land, in a condition or state of equivalent quality to which it was approved or required by the City.

2. All signs together with their supports and appurtenances must be maintained in good structural condition, in compliance with applicable Building Codes, and in conformance with this Chapter. Maintenance of a sign includes annual cleaning; replacement of flickering, burned out or broken light bulbs or fixtures; repair or replacement of any faded, peeled, cracked, or otherwise damaged or broken parts of a sign; replacement of broken or removed components of the sign; and any other activity necessary to restore the sign so that it complies with the requirements and contents of the Sign Permit issued for its installation and the provisions of this Chapter.

3. Required landscaped areas contained by a fixed border, curbed area, wall, or other perimeter structure must receive regular repair and maintenance. Plant materials that do not survive after installation in required landscape areas are required to be replaced within three months.

4. The Chief Building Official is authorized to order the repair, maintenance, or removal of any sign or sign structure that has not been maintained and is dangerous or in disrepair, or which is erected or maintained contrary to the requirements of this Section.

5. Any owner of a sign who has been notified by the City to repair, maintain, or remove the sign shall complete such action within 30 days of notification. Failure to maintain a sign constitutes a violation of this Chapter and will be subject to enforcement action, in which case the Chief Building Official may order the removal of any sign that is determined to be in disrepair or dangerous.

6. Any owner of a sign victimized by graffiti shall remove, repair, or repaint sign(s) in a color that matches the existing sign, and apply an anti-graffiti coating within 10 days of the graffiti being applied or within 10 days of notification by the Community Development Director, whichever event comes first.

A. Purpose. The Council finds that the proliferation of temporary signs is a distraction to the traveling public and creates aesthetic blight and litter that threatens the public's health, safety, and welfare. In addition to the purpose provisions of Section 17.C.08.040 (General Standards for All Signs), these regulations ensure that temporary signs do not create a distraction to the traveling public by eliminating the aesthetic blight and litter caused by temporary signs. These standards and requirements ensure that temporary signs do not create aesthetic clutter or a distraction to the traveling public.

B. General Standards.

1. Permits. No permits are required for the installation and placement of any temporary signs.

2. Design and Construction. Temporary signs must be of sufficient weight and durability to withstand wind gusts, storms, etc. and must be professionally crafted.

C. Noncommercial Temporary Signs. Noncommercial temporary signs are not considered either on-site or off-site and are subject to the following regulations:

Table 17.C.08.050-A: Noncommercial Temporary Signs

Table Notes:

1

Measured one side only.

D. Commercial Temporary Signs. Commercial temporary signs distinguish between on-site and off-site and are subject to the following regulations:

Table 17.C.08.050-B: Commercial Temporary Signs

Table Notes:

1

Per display face.

2

Exception: Where a property has more than 600 linear ft of street frontage, 1 additional sign is permitted for each 600 linear ft of street frontage.

3

On multi-story buildings, only the windows on the first floor may be counted.

4

Unless a larger sign is required by another body of law, in which case the smallest sign conforming to the law shall be used.

5

A sign permit is required.

6

Cannot exceed 2 signs for all phases of any subdivision.

7

Interior streets of the subdivision are not recognized as a primary street frontage.

8

If the City is forced to remove any signs, then the cost of removal shall be deducted from the deposit. Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer.

E. Temporary Signs for Special Events.

1. A special event sign is a sign associated with a single event or series of events that occur on an infrequent or sporadic basis, and takes place at a specific location in which the public is encouraged or invited to watch, listen, participate, or purchase goods and/or services, including, but not limited to, the following:

a. Commercial sales, including grand openings and pre- and post-holiday sales;

b. Arts and craft shows, trade shows, antique shows, and other similar events;

c. Carnivals, fairs, festivals, circuses, and similar activities;

d. Outdoor shows, concerts, and exhibitions;

e. Community events; and

f. Annual events.

2. Special event signs shall be permitted when they comply with this Subsection. Applicants for a special event sign shall submit a letter to the Community Development Director that describes the proposed event by location, area and time duration. The application shall be processed in the same manner, and subject to the same appellate procedures, as an application for a Sign Permit. Special event Sign Permits are subject to the following regulations:

Table 17.C.08.050-C: Temporary Signs for Special Events

Special Event Signs. See Subsection 17.C.08.050.E (Temporary Signs for Special Events) for applicable standards.

A. All Residential Zones. The following signs shall be permitted in all residential zones:

1. Commercial temporary signs in compliance with Subsection 17.C.08.050.D (Commercial Temporary Signs); and

2. Noncommercial temporary signs per Subsection 17.C.08.050.C (Noncommercial Temporary Signs).

B. Rural Residential (R-R) Zone. The following signs shall be permitted in the Rural Residential (R-R) Zone:

1. Signs for produce sales, subject to approval of a Sign Program in compliance with Section 17.D.04.080 (Sign Programs); and

2. Identification signs in compliance with Subsection 17.C.08.020.E.4 (Residential Identification Signs).

C. Single-Family Residential Zone (R-SF). Identification signs in compliance with Subsection 17.C.08.020.E.4 (Residential Identification Signs) shall be permitted in the Single-Family Residential (R-SF) Zone.

D. Multiple Family Residential Zone (R-MF). The following signs shall be permitted in the Multiple Family Residential (R-MF) Zone:

1. A maximum of two signs indicating the name of the multiple family dwelling, apartment or dwelling group.

a. Height. Such signs may include monument signs not exceeding six feet in height and/or wall-mounted signs.

b. Area. The total area of each sign shall not exceed four square feet for less than 12 units, or 12 square feet for 12 or more units.

c. Roof or eave line. Signs attached to the wall of the building shall not extend above the roof or eave line.

d. Projection. Such sign may project 12 inches maximum from the building face.

e. Illumination. Identification signs may be illuminated, either internally or externally; provided that all lights are directed away from public rights-of-way and adjacent properties.

2. An illuminated directory sign shall be provided at each entrance of all multiple-family complexes with more than 12 dwelling units. Directory signs shall provide a diagrammatic representation of the complex in compliance with the requirements of the Fire Department.

E. Traditional Neighborhood Residential (R-TN) Zone. The R-SF Zone sign standards shall apply to single-family dwellings, and the R-MF Zone sign standards shall apply to multiple family dwellings.

The standards and provisions contained in this Section shall be applicable to all commercial zones.

A. Commercial Zones, Commercial Complex. Permitted signs in commercial zones within a commercial complex shall include:

Table 17.C.08.080-A: Commercial Zones, Commercial Complex

Table Notes:

1

If used to display a commercial message, the sign must qualify as on-site.

2

Provided there are not more than four wall signs for any one establishment.

3

May identify separate establishments/businesses or uses in the commercial complex.

B. Freeway-facing Signs. Freeway-facing signs are permitted for a shopping center or commercial complex in commercial zones subject to the following requirements:

Table 17.C.08.080-B: Commercial Zones, Freeway-facing Signs for Shopping Center or Commercial Complex

Table Notes:

1

Gross floor area of a shopping center or commercial complex.

2

When the sign display area is used for commercial speech, the copy must qualify as onsite as to the shopping center or commercial complex.

C. Commercial Zones, Not Commercial Complex. Permitted signs in commercial zones for uses not part of a commercial complex shall include:

Table 17.C.08.080-C: Commercial Zones, Not Commercial Complex

Table Notes:

1

If used to display a commercial message, the sign must qualify as on-site.

2

Provided there are not more than four wall signs for any one establishment.

D. Automobile Service Station Signs. Automobile service station signs shall be permitted in commercial zones subject to the following requirements:

Table 17.C.08.080-D: Commercial Zones, Automobile Service Station Signs

Table Notes:

1

Located contiguous to a freeway and where a freeway exit serves the street from which the service station takes direct access.

E. Theater Marquee Signs. Theater marquee signs shall be permitted in commercial zones subject to the following requirements:

1. Size. The size of a theater marquee sign shall be determined by the number of screens. Each screen shall be permitted a maximum of 10 square feet for each sign face area. A theater marquee sign may not total more than 100 square feet of sign face area.

2. Sign Quantity.

a. Part of an integrated shopping center. A maximum of one theater marquee sign shall be permitted per street frontage, exclusive of any freeway, for a theater that is part of an integrated shopping center.

b. Not part of an integrated shopping center. A maximum of one theater marquee sign shall be permitted for a theater not considered to be part of an integrated shopping center.

3. Height. Theater marquee signs shall not exceed 25 feet in height.

4. A maximum of one wall-mounted theater marquee sign shall be permitted at the main entrance to the theater.

F. Electronic Message Signs. In addition to the sign illumination standards of Subsection 17.C.08.040.E.4 (Electronic Message Signs), electronic message center signs shall be permitted in commercial zones subject to the following requirements:

1. One electronic message center sign may be permitted in a commercial complex with a minimum of 25,000 square feet of floor area. No electronic message center sign shall be located closer than 2,500 feet to another electronic message center sign. A Conditional Use Permit shall be required whereby the Planning Commission will determine the size and height of the sign.

2. The sign may display only noncommercial messages or onsite commercial messages, related to those establishments that are part of the complex or the merchandise or activities available on the lots which are part of the commercial complex. The sign shall not be used as a billboard.

3. The sign shall be reviewed for traffic safety purposes by the Public Works Director and shall comply with any and all safety standards as prescribed by the State of California. Such reviews shall not consider message content.

A. Mixed or Multiple Use Zones. In any zone where both residential and nonresidential uses are allowed, whether such zones are now existing or created in the future, the signage rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential zone where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.

B. Downtown Mixed Use Zone Supplemental Sign Standards. In addition to Subsection 17.C.08.090.A (Mixed or Multiple Use Zones) above, the following sign standards apply to properties in the Downtown Mixed Use Zone that front Sixth Street between Veile Avenue and Palm Avenue, and that front Beaumont Avenue between Fifth Street and Seventh Street, as described in the Downtown Revitalization Plan.

1. Wall Signs.

a. A wall sign shall not exceed 60 percent of the width of the leased frontage with a maximum size of 75 square feet.

b. One wall sign is allowed for each wall face of the establishment, with up to a maximum of four wall signs per establishment.

c. A wall sign shall not project above the roof, eave line, or parapet of the wall upon which it is mounted.

2. Awning Signs. Awning signs shall be placed on the awning flap, and the flap must be at least eight inches in height.

3. Under Awning or Under Canopy Signs. One under awning or under canopy sign is allowed on each frontage for each use or occupancy.

4. Projecting Signs.

a. Projecting signs shall not exceed 10 square feet.

b. Project signs must be hung perpendicular to and project no more than six feet from the face of the building.

5. Monument Signs.

a. One monument sign may be allowed per establishment or commercial complex.

b. Monument signs shall not exceed 30 square feet in size or six feet in height.

6. Blade Signs.

a. Blade signs shall not exceed five feet in width.

b. Blade signs may not exceed roof height by more than the height of the first level for multi-story buildings, or no more than twice the building's height for single-story buildings.

7. Pylon Signs. Pylon signs shall not exceed 75 square feet and shall be approved by the Planning Commission.

8. Additional Signs. Additional signs as described in the Downtown Revitalization Plan may be allowed.

The following signs shall be permitted in the Manufacturing Zone:

A. Wall Signs. One wall sign is permitted for each wall face of the establishment, up to a maximum of four wall signs. If said signs display commercial images or messages, they shall qualify as onsite commercial messages. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage. In no event shall the area of any one wall sign exceed 100 square feet. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line, or parapet of the wall upon which it is mounted.

B. Monument Signs. One monument sign not to exceed 30 square feet in sign area may be permitted. The monument sign structure shall not exceed six feet in height. Additional monument signs may be permitted on lots having more than one frontage if the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be located a minimum of five feet from any right-of-way, sidewalk, or driveway.

C. Pylon Sign. One pylon sign not to exceed 100 square feet in sign area will be permitted to identify separate business or uses in manufacturing and industrial complexes. The pylon sign structure shall not exceed 20 feet in height. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five feet from any right-of-way, sidewalk, or driveway.

D. Commercial Directional Signs, On-site. A maximum of two on-site directional signs per drive approach each not to exceed a total of 10 square feet in area and four feet in height.

A. R-C (Recreation-Conservation) Zone. Signs in the R-C Zone shall be limited to commercial temporary signs in compliance with Subsection 17.C.08.050.D (Commercial Temporary Signs) and the following signs for commercial recreation uses.

1. One monument sign for each street frontage, limited to five feet in height and 32 square feet in size.

2. Building mounted signage not exceeding 10 percent for any building wall.

B. Specific Plan Zone.

1. Permitted Signs in the Specific Plan Area (SPA) Zone—Exempt Signs. The SPA Zone permits a variety of residential and supporting commercial and other supporting land uses. Signs which may be erected without permits as provided for in Subsection 17.C.08.020.E (Signs Exempt from Sign Permits) are permitted in the SPA Zone consistent with the respective land use.

2. Signs Subject to Permits. Provisions and standards for signs shall be established within a specific plan for land uses contained therein. The specific plan shall establish a project-wide sign program and shall make provisions for the development and review of Sign Programs consistent with Section 17.D.04.080 (Sign Programs) for each nonresidential land use component of the specific plan.

The design standards set forth in this section apply to all signs in the City of Beaumont.

A. Sign Design Standards for All Signs.

1. Applicability. The standards established in this Section apply to all permanent signs. These standards complement the mandatory sign regulations established in Section 17.D.04.070 (Sign Permits).

2. Use a Brief Message. Signs must be designed with a brief message because the fewer words used, the more effective the sign. A sign with a brief message is quicker and easier to read, looks cleaner, is more effective in conveying its message, and is more attractive.

3. Use Simple Fonts. Simple, easy-to-read fonts must be utilized in signs to enhance their readability. Signs that include very intricate font styles are generally difficult to read and reduce a sign's ability to communicate effectively.

FIGURE 17.C.08.120-1: EXAMPLES OF SIGNS WITH A BRIEF MESSAGE AND SIMPLE FONT STYLE [Figure: FIGURE 17.C.08.120-1: EXAMPLES OF SIGNS WITH A BRIEF MESSAGE AND SIMPLE FONT STYLE]

4. Emphasize One Line of Text. Signs with more than one line of text must emphasize one line over the others to enhance the message conveyed.

5. Limit the Number of Fonts to Two. The number of fonts used in a sign must be limited because the use of more than two font styles makes the sign harder to read. The primary purpose of a sign is to quickly convey information to motorists and pedestrians.

6. Provide Contrast between Background and Letters/Symbols. Signs must be designed with high contrast between the sign's letter/symbol color and its background color to be most effective. Signs with little contrast in the hue (shade or tint) and/or intensity (brightness) between the background and letter/symbol colors are difficult to read.

FIGURE 17.C.08.120-2: EXAMPLES OF SIGNS WITH A SIMPLE COLOR PALETTE, LIMITED FONTS, AND GOOD CONTRAST [Figure: FIGURE 17.C.08.120-2: EXAMPLES OF SIGNS WITH A SIMPLE COLOR PALETTE, LIMITED FONTS, AND GOOD CONTRAST]

7. Sign Color. Sign colors should be compatible with the building architecture. Within shopping centers, sign color should complement the color scheme for the center. Too many different colors compete with the sign's content for a viewer's attention and makes the sign less effective.

8. Sign Materials. Sign materials must be durable and weather resistant.

9. Graphic Relief. Signs must utilize individual lettered business and logo design, or where appropriate, sign copy, logo, and/or decorative embellishments in relief on the face of the sign to enhance readability and project a positive image of the business or use. Signs must be designed to provide three-dimensional relief, i.e., be raised above, or set below the sign background.

FIGURE 17.C.08.120-3: EXAMPLES OF RAISED LETTERS [Figure: FIGURE 17.C.08.120-3: EXAMPLES OF RAISED LETTERS]

10. Proportion, Scale, and Rhythm of Sign Placement. Signs must be placed consistent with the proportions and scale of building elements within a building's facade:

a. A large sign may fit well on a large, plain wall area, but could overpower the finer scale and proportion of if placed above a small storefront.

b. Signs must establish rhythm, scale, and proportion on a facade where these elements are weak in the building design. On buildings with plain facade, signs must establish or continue appropriate design rhythm, proportion, and scale.

c. The proportion of letter area to sign background area must be carefully considered. Letters must not appear to occupy more than 70 percent of the sign's background area. Signs where the letters take up too much of the background area are harder to read. Generally, large letters are not necessarily more legible than smaller ones.

FIGURE 17.C.08.120-4: EXAMPLES OF SIGNS WITH GOOD PROPORTION, SCALE, AND RHYTHM [Figure: FIGURE 17.C.08.120-4: EXAMPLES OF SIGNS WITH GOOD PROPORTION, SCALE, AND RHYTHM]

11. Complementary Sign Design. Where there is more than one sign for a business (e.g., single tenant buildings) or group of businesses (e.g., multiple tenant buildings, commercial centers, or business or manufacturing and industrial parks), all signs must be designed to ensure consistency of sign design and be complementary to one another in the following ways:

a. Type of construction materials used in the sign body, sign copy, sign base, supports, etc.);

b. Letter size and style of copy;

c. Method and design of sign support (wall mounting or monument base);

d. Configuration of sign area; and

e. Proportion of sign copy area to background.

12. Artistry and Innovation. The use of artistry and innovation in sign design will make the sign stand out and draw attention to the use or activity it is advertising. It can also improve the overall appearance of a building or neighborhood.

13. Sign Scale. Signs must be designed and placed relative to who the intended viewer will be. Signs intended to be read by pedestrians (i.e., usually read from a distance of 15 to 20 feet) must be smaller in scale than a vehicle-oriented sign which is designed to be viewed from a much greater distance. In general, the closer the sign's viewing distance, the smaller the sign needs to be.

14. Freestanding Signs. Freestanding signs must incorporate the materials and architectural features used in the building(s) they serve. Freestanding signs are most effective when placed perpendicular to approaching vehicular traffic.

B. Monument Sign Design Standards.

1. Applicability. Monument signs must comply with the standards provided in this Subsection.

2. Relationship to Other Signs. Where there is more than one monument sign located upon a lot, all such signs shall have designs which are well related to each other by the similar treatment or incorporated of not less than four of the following six design elements:

a. Type of construction materials as used in the several sign components (such as cabinet, sign copy, supports);

b. Letter style of sign copy;

c. Illumination;

d. Type or method used for supports, uprights or structure on which sign is supported;

e. Sign cabinet or other configuration of sign area; and

f. Shape of entire sign and its several components.

3. Landscaping. Each monument sign shall be located in a planted landscaped area which is of a shape, design, and size (equal to at least the sign area) that will provide a compatible setting and ground definition to the sign. The planted landscaped area shall be maintained on a reasonable and regular basis.

4. Illumination and Motion. Monument signs shall be non-moving stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (non-flashing).

A. Purpose. This Section establishes regulations for nonconforming signs that were lawful before the adoption or amendment of this Chapter, but which would be prohibited, regulated, or restricted differently in compliance with the current regulations. These provisions provide for the orderly termination of nonconforming signs to promote the public health, safety, and general welfare, and to bring nonconforming signs into conformity with the goals and policies of the City's adopted General Plan. In recognition of these declarations, it is the intent of this Chapter to:

1. Prevent the expansion of nonconforming signs to the maximum extent feasible;

2. Establish criteria under which nonconforming signs may be continued or modified; and

3. Provide for the correction or removal of nonconforming signs in an equitable, reasonable, and timely manner.

B. Applicability. Nonconforming signs may be maintained and modified only in compliance with the provisions of this Section. Illegal signs, such as signs installed without a required building permit, are not considered to be nonconforming signs.

C. Modification.

1. No nonconforming sign shall be altered in any manner, reconstructed, or moved without being made to comply in all respects with the provisions of this Chapter. Nothing in this Section shall prohibit the normal upkeep or repair of any sign, nor the painting or repainting of the face of the sign, during its lawful existence.

2. In no event will the degree of nonconformity of any sign or type of signage on any lot be increased.

D. Removal or Replacement of a Nonconforming Sign.

1. Removal of a nonconforming sign, or replacement of a nonconforming sign with a conforming sign, is required when:

a. The use of the sign and/or the property on which the sign is located has been abandoned, ceased operations, become vacant, or been unoccupied for a period of one year or more. For the purposes of this Section, rental payments or lease payments and taxes shall not be considered as a continued use.

b. A nonconforming sign has been damaged to the extent of more than 50 percent of the appraised value of the sign structure or is temporarily or permanently removed by any means, including a natural disaster.

2. It shall be the duty of the owner of any nonconforming sign and the duty of the owner of any premises upon which a nonconforming sign is located, to remove the sign or to bring sign into conformance, in accordance with the provisions of this Chapter.

3. A legal nonconforming sign that has been damaged to the extent of more than 50 percent of the appraised value of the sign structure or is temporarily or permanently removed by any means, including a natural disaster, shall be removed or rebuilt, repaired, or replaced only in compliance with the provisions of this Chapter.

E. Maintenance. Nonconforming signs are required to be maintained in good condition in compliance with the sign maintenance provisions of Subsection 17.C.08.040.J (Construction). Maintenance of nonconforming signs shall be consistent with applicable state law. Nothing in this Chapter affects an existing sign or the right to its continued use for the purpose used at the time this Chapter takes effect, nor the right to make any reasonable repairs or alterations within the existing sign envelope.

A. Any violation of this Chapter shall be deemed to be a continuing violation until the violation has been corrected.

B. Violation of any of the provisions of this Chapter shall constitute a nuisance and a Code violation.

C. Notwithstanding any other provision of this Chapter, the City Attorney, upon the direction of the Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign that is in violation of any of the provisions of this Chapter. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees.

D. The owner or other person entitled to possession of a sign which is removed, stored, and/or destroyed in compliance with any provision of this Chapter shall be liable to the City for the cost of the removal, storage, and/or destruction of the sign, and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.

E. Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows:

1. If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least 10 days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least 10 days before the date. The notice shall also set forth the provisions of this Section.

2. The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with the Department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the legal basis as to why the sign should not be removed and destroyed. If such a request for hearing is filed, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than 30 days thereafter. After the hearing, the Planning Commission shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the Planning Commission shall be rendered within 10 days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this Chapter, the decision of the Planning Commission shall become final ten days after mailing.

3. The owner or other person entitled to possession may file a notice of appeal with the City Clerk within 10 days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the Council at a regular meeting scheduled not more than 30 days thereafter. After hearing, the Council shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the Council shall be rendered within 10 days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. The decision of the Council becomes final 10 days after mailing.

4. Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this Section, files a written request for hearing with the Department, the City may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the Planning Commission or the Council determining that the sign is an illegal sign within the public right-of-way, the City may remove and destroy the sign.

5. Notwithstanding any provision of this Chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and stored by the City, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this Section.

If any section, sentence, clause, phrase, word, portion, or provision of this Chapter is held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid portion. In adopting this Chapter, the Council affirmatively declares that it would have approved and adopted this Chapter even without any portion, which may be held invalid or unenforceable.