§ 17.26

The city council finds all of the following:

A.

Police Power. The city, pursuant to its police power, has the authority to take appropriate action to address concerns regarding traffic safety and aesthetics, as they relate to signs (Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981)); and

B.

First Amendment. Signs constitute speech protected by the First Amendment of the United States Constitution and by Article 1, Section 2 of the Constitution of the State of California and that its regulation of signs must be consistent with these protections; and

C.

Harms of Non-Regulation. An uncontrolled proliferation of signs within the city is harmful to the public's health, safety and welfare, in that such signs are:

1.

Aesthetically displeasing, distracting, discordant with their surroundings and detract from the natural beauty of the city, and

2.

They create a safety hazard as drivers, pedestrians, and others venturing into the public area will be distracted by attempting to read an excessive number of signs that are placed in a haphazard, dangerous, or dangerously attention-seeking manner; and

D.

Substantial Interest. The city has a substantial interest in regulating signs and the regulations within this chapter further the city's substantial interests in traffic safety and aesthetics, consistent with National Advertising Co. v. City of Orange, 861 F.2d 246, 248 (9th Cir. 1988) and Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998); and

E.

Commercial Interests. Businesses have an interest in having signage that effectively advertises their goods or services, and is visible to potential customers; and

F.

Aesthetic Interests. City residents and visitors have a substantial interest in visiting, living, and working in an aesthetically pleasing city; and

G.

Traffic Safety Interest. City residents and visitors have a substantial interest in traffic safety within the city; and

H.

Limited Regulation is Necessary. The city has properly balanced its interests in aesthetics and traffic safety with the interests of businesses and consumers by limiting off-site commercial signs, and by limiting the time, place, and manner of placement of commercial signs on commercial lots; and

I.

Signs Can Cause Problems. Signs take up space and may obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation; and

J.

Commercial Speech Versus Non-Commercial Speech. Commercial speech can be regulated more stringently than non-commercial speech; however, the city council recognizes the need of businesses in the city to communicate to the public about the goods and services they provide; and

K.

Content Neutrality. The city council intends this chapter to ensure its regulations are content-neutral and are the least restrictive means to achieve the goals set forth herein (See e.g., Reed v. Town of Gilbert, 76 U.S. 155 (2015); and

L.

On-Site Signage. These regulations allow on-site commercial signage while limiting off-site advertising signs, the city council having found that onsite commercial speech is more valuable than off-site commercial speech, as permitted in Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604, 611 (9th Cir. 1993) and Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981); and

M.

Procedures are Beneficial. Because signs are speech protected by the United States and the California Constitutions, detailed procedures are necessary to ensure that permits are expeditiously issued or denied based on objective criteria and consistent with due process of law; and

N.

Message Substitution. A message substitution provision has been added to the city's sign regulations, allowing any sign regulated by the new provisions of this ordinance to display a non-commercial message, so that the city's regulations satisfy the constitutional mandate that it not restrict non-commercial signage to a greater degree than commercial signage. (See Clear Channel Outdoor, Inc. v. City of Los Angeles, 340 F.3d 810 (9th Cir. 2003); Outdoor Systems. Inc. v. City of Mesa, 997 F.2d 604 (9th Cir. 1993); and

O.

Temporary Signs. The unregulated proliferation of temporary signs in the public right-of-way can be detrimental to the aesthetic quality of the streets and sidewalks, can interfere with traffic safety, pedestrian access to public sidewalks and streets, and can obstruct the entrance to businesses and residences; and

P.

Limits on Interfering with Traffic. Prohibiting commercial conduct that is intended to, or that does in fact, attract the attention of drivers, furthers the city's substantial interest in traffic safety (See, e.g., Sanctity of Life Network v. California Highway Patrol, 105 Cal. App. 4th 858, 862 (2003) (holding that protected First Amendment speech can be restricted if it interferes with traffic)).

(Ord. No. 923, § 2, 1-9-24)

The purpose of this chapter is to promote the public health, safety and welfare and preserve community aesthetics through implementation of a uniform set of rules and regulations. This chapter is intended to:

A.

Preserve and improve the appearance of the city as a place to live, work, and visit;

B.

Reduce visual clutter while providing reasonable opportunities for adequate identification of businesses and the goods and services they offer;

C.

Promote signs and graphics that are attractive, pleasing, and harmonized with the physical character of the environment and surrounding properties;

D.

Ensure that signs effectively identify businesses and other establishments;

E.

Prevent an inadvertent favoring of commercial speech over non-commercial speech; and

F.

Reduce traffic hazards.

(Ord. No. 923, § 2, 1-9-24)

For the purposes of this chapter, the following definitions shall apply. These definitions shall be adapted to the context for appropriate grammatical tenses, number, case, and gender.

"A-frame sign" means a freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable and are not considered permanent signs.

"Abandoned sign" means a sign which is one of the following: (a) located on property which becomes vacant or unoccupied for one year or more; (b) previously pertained to an on-site occupant or business, but is now unrelated to the premises' present occupant or business; or (c) a sign which pertains to a time, event, or purpose which no longer applies.

"Accessory sign" means a sign whose copy refers to the products, facilities, or services available on the premises.

"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.

"Advertising vehicle" means any vehicle or trailer on a public right-of-way or public property or on private property visible from a public right-of-way which has attached thereto, or located thereon, any advertising device or detachable sign, which device or sign has the basic purpose of advertisement. One example of an "advertising vehicle" is a vehicle towing a trailer with an arrow directing traffic to a commercial establishment.

"Aggregate sign area" means the total area of all signs combined.

"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 flags.

"Art mural" means a non-commercial, original, one-of-a-kind, hand-painted, or hand-tiled work of visual art on the exterior wall, façade, or surface of a building. "Art mural" does not include murals containing any electrical or mechanical components or changing image murals.

"Attraction board" means a sign capable of supporting copy which is readily changeable without the use of tools. An example of an attraction board is a theater marquee.

"Banner" means a sign hung without frames, possessing written communication applied to nonrigid paper, plastic, fabric, or similar material.

"Billboard" means a sign with a commercial message, other than a directional sign, which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Also known as an outdoor advertising sign.

"Building-mounted sign" means a sign affixed to a building, painted directly on a wall, or erected against the wall of a building. All parts of the sign are affixed flush to the wall. Building-mounted signs may include murals, signs affixed to awnings (excluding under canopy signs), signs attached to fascia, mansard roof signs, wall signs, and window signs.

"Business" means a commercial, office, institutional or industrial establishment.

"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.

"Copy" or "sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign.

"Commercial sign" means a sign which is "commercial" as defined by applicable case law interpreting the First Amendment to the United States Constitution. Typical examples of "commercial" signs include advertisements of a particular product or service.

"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 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.

"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. Typical examples of such signs are: "one-way," "entrance," "exit," "parking in rear," "fifteen miles per hour," "no left turn."

"Director" or "planning director" means the director of the City of Blythe development services department or the director's authorized agent or representative.

"Downtown area" means that area on Hobsonway extending from the east side of Ash Avenue to the west side of Third Street; and the area between the alley west of Main Street to the alley east of First Street extending north from Hobsonway to Murphy Street and south from Hobsonway to Rice Street.

"Face of building wall" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts.

"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.

"Flag" means a visual display device without copy, made of flexible material, usually cloth, paper, or plastic.

"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.

"Freestanding sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs and ground signs.

"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.

"Illumination" or "illuminated" means the method by which a sign is lighted to be readable at night. The following types of illumination are provided for in this chapter:

1.

"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).

"Improvement plan(s)" means on- and off-site construction drawings.

"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.

"Lot" means a parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act; or, a parcel of real property, the dimensions and boundaries of which are defined as a single lot by a lawfully recorded record of survey map. See "site."

"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.

"Modification" or "modify" means the addition of structures or equipment to a previously approved installation. The term does not include replacement of existing equipment or structures, provided the replacement equipment or structure is substantially similar to the pre-existing equipment or structure, and creates no new impacts not addressed in connection with the previous approval. Solely repainting a sign in original colors is not a "modification."

res or equipment to a previously approved installation. The term does not include replacement of existing equipment or structures, provided the replacement equipment or structure is substantially similar to the pre-existing equipment or structure, and creates no new impacts not addressed in connection with the previous approval. Solely repainting a sign in original colors is not a "modification."

"Monument sign" means a freestanding sign mounted on a low-profile solid base or a fence, or a freestanding wall, as distinguished from support by poles.

"Multi-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 multi-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.

"Multi-tenant commercial building" means a commercial development in which there exist multiple 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 multi-tenant commercial building may, but need not, include common ownership of the real property upon which the center is located, common-wall construction and multipleoccupant commercial use of a single structure.

"Neon sign" means a sign which utilizes neon or other gases within translucent tubing in or on any part of the sign structure.

"Non-commercial sign" means any sign which is not a commercial sign. Examples include, but are not limited to, political signs and ideological signs.

"Off-premises sign" or "off-site 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.

"On-premises sign" or "on-site 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.

"Parapet wall" means a wall extending above the roof plane of the building.

"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. A sign may be a "permanent sign" even if the sign itself has changeable copy.

"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.

"Portable commercial sign" means a commercial sign made of any material, which, by its design, is readily movable, whether or not equipped with wheels, casters or rollers or other similar design, which sign 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. This definition generally includes A-frame signs.

"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.

"Private property" means any property other than public property.

"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.

"Semipermanent sign" means a non-illuminated sign intended to be erected or posted for a minimum of sixty-one days and a maximum of one year. Typical examples include a sign advertising the future construction of one or more buildings or a model home complex.

"Sign" means any medium for visual communication, including, but not limited to, words, symbols and/or 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, cause, activity or location, or to provide information or opinion, or to convey a message. "Sign" includes, but is not limited to, posters, reader boards, placards, fliers, handbills, paintings, murals, statues, wall designs, balloons, flags, and inflatable tube men.

"Sign face" means the exterior surface of a sign exclusive of structural supports, on which is placed the sign copy.

"Sign permit" means an entitlement from the city to place or erect a sign.

"Sign structure" means the structural supports, uprights and bracing for a sign.

"Site" means the area of the lot to be developed.

"Temporary sign" means any sign constructed of wood, paper, cloth, canvas, or other similar lightweight material, with or without frames, and all others including painted windows intended to be displayed for a limited period of time. A typical example of a temporary sign is a yard sale sign.

"Temporary window sign" means a sign printed on paper, cardboard, wood, or other temporary material, affixed to, or displayed flush against a window or located 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; it also includes paint applied directly to the window. A typical example is a paper poster that is taped to the inside of a store window.

er temporary material, affixed to, or displayed flush against a window or located 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; it also includes paint applied directly to the window. A typical example is a paper poster that is taped to the inside of a store window.

"Under-canopy sign" means a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling, or marquee.

"Wall sign" means a sign, which is attached to, erected on, painted on, or otherwise affixed to the exterior wall of a building or structure so that the face of the sign is approximately parallel to the building's exterior wall and exposed to the building's exterior side. Signs or advertising displays in or on windows are not wall signs.

"Window sign" means a graphic or opaque surface etched or permanently applied onto a window. A typical example is a thin plastic film applied to a window such that it almost appears to be part of the window

itself.

(Ord. No. 923, § 2, 1-9-24)

A.

Applicability. This chapter applies to all existing and proposed signs to be located within the city.

B.

Types of Signs. There are three main types of signs: permanent, semipermanent, and temporary.

C.

General Rule. No person shall erect, place, modify, or maintain any sign except as authorized by this chapter. To ensure compliance with this chapter, a sign permit shall be required for any sign, except as provided herein.

D.

Other Permits Required. Even if a given sign is exempted from the sign permit requirements of this chapter, the sign is still subject to all other applicable requirements of this code, including, but not limited to, grading, plumbing, electrical, building, fire, encroachment, and similar safety requirements.

(Ord. No. 923, § 2, 1-9-24)

The following policies, principles, rules, and regulations apply to all signs within the regulatory scope of this chapter, and to all provisions of this chapter, notwithstanding any more specific provisions to the contrary:

A.

Message Neutrality. It is the city's policy to regulate signs in a viewpoint-neutral and/or content-neutral manner. The message of the sign shall not be reviewed except to the minimum extent necessary to identify the type of sign.

B.

Administrative Interpretations. All administrative and quasi-adjudicative interpretations of this chapter are to be exercised in light of the city's message neutrality 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 building code, then the director and/or the city council, as applicable, shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this chapter.

C.

Message Substitution. Subject to the owner's consent, a non-commercial message of any type or content may be substituted for any allowed commercial message or any allowed non-commercial 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 non-commercial speech or favoring of any particular non-commercial message over any other non-commercial message. This provision does not create a right to increase the total amount of signage on a parcel or lot; it does not create a right of substitution of one commercial message in place of another; it does not create a right to display an off-site commercial message sign, and it does not affect the requirement that a sign structure or mounting device be properly permitted.

D.

More Rigorous Standards Prevail. Where a matter of interpretation arises regarding the provisions of this chapter, the more specific definition or more rigorous standard shall prevail. Whenever the planning director determines that the application of any provision of this chapter is uncertain, the issue shall be referred to the city council for determination.

(Ord. No. 923, § 2, 1-9-24)

17.26.060 - Signs prohibited in all zones.

Except as otherwise permitted by this chapter, the following signs are prohibited in all zones:

A.

Any sign not in accordance with the provisions of this chapter;

B.

Abandoned signs;

C.

Advertising vehicles;

D.

Signs affixed to vehicles parked on private property which collectively exceed two square feet, or two linear feet in any dimension;

E.

Commercial flags;

F.

Animated or flashing signs within twenty-five feet of or projecting into any public right-of-way;

G.

Portable commercial signs;

H.

Off-premises signs;

I.

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;

J.

Building-mounted signs placed on or above the roof or above the eave line of any structure;

K.

Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal;

L.

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;

M.

Signs that create a potential safety hazard by obstructing a clear view between any combination of vehicles and/or pedestrians;

N.

Balloon signs, inflatable animal or other figures, or other inflatable displays, whether tethered or not, except as otherwise permitted by a sign permit;

O.

Neon signs, except those specifically approved as an activity's major identification sign;

P.

Signs drawn or painted onto or otherwise affixed to trees or rocks unless specifically permitted in this chapter;

Q.

Advertising statuaries;

R.

Translucent or transparent signs on internally illuminated awnings so that they allow light to shine through the letters of the copy;

S.

Any signs not specifically allowed in this chapter.

(Ord. No. 923, § 2, 1-9-24)

17.26.070 - Exempt signs.

Notwithstanding Section 17.26.060 (Signs prohibited in all zones), the following signs are not subject to this chapter.

A.

Unseen Signs. Signs which are designed and located such that they can be viewed exclusively from within a building or an enclosed outdoor area.

B.

Official Notices. Official notices issued by any court or public body or officer and notices posted by any public officer in the performance of a public duty or by any person giving legal notice.

C.

Public Safety Signs. Directional, warning, or informational signs required by or authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses.

D.

City Signs. Signs installed, owned, controlled, or maintained by the city and signs displaying information to the public on behalf of the city.

E.

Directional Pavement Markings. Markings on pavement which are solely directional.

(Ord. No. 923, § 2, 1-9-24)

17.26.080 - No sign permit required.

Notwithstanding Section 17.26.040 (Applicability/general rules), the following signs do not require a sign permit. However, such signs must still comply with all other requirements of this chapter and all other legal requirements.

Neither their sign area nor the number of signs shall be included in the calculation of the aggregate sign area or number of signs permitted for any premises or use.

A.

Signs in any Zone Except Residential. Newspaper stand identification. Maximum three square feet. No illumination.

B.

Residential Zones.

1.

One Permanent Sign. One permanent sign, or a collection of permanent signs which work together, which collectively do not exceed two square feet. Such sign(s) shall be affixed to the primary structure. A typical example is a sign showing the numerical street address.

2.

Flags. One building-mounted non-commercial flag no larger than five feet in length or three feet in width.

3.

Vehicular Directional Signs. Vehicular directional signs solely used to identify street entrances and exits. Such signs may be building-mounted or free standing. Each sign may not exceed three square feet. Each sign may be illuminated.

4.

For Sale Signs. Consistent with California Civil Code section 713, one freestanding sign per street frontage installed in plain view of the public which advertises the following: (a) that the property is for sale, lease, or exchange by the owner or his or her agent; (b) directions to the property; (c) the owner's or agent's name; (d) the owner's or agent's address and telephone number. Each sign may not exceed eight square feet and may not exceed four feet in height. Such signs shall not be illuminated.

5.

Temporary Non-Commercial Signs. The owner or occupant, or other party with the permission of the owner and/or occupant, may display temporarily signage displaying any non-commercial message subject to the following rules:

a.

The height of an individual sign shall not exceed six feet.

b.

The total square footage of signs displayed under this section shall not exceed eight square feet.

c.

If temporary signs posted under this section pertain to a specific event, they shall be taken down within seven days after the event occurs.

d.

The sign shall not be displayed for a period of more than ninety days.

6.

Temporary Signs Displayed During One-Time Event. The owner or occupant of a residential parcel may also display an additional temporary sign containing any commercial or non-commercial message for up to seventy-two hours during the occurrence of a one-time event held at the property. In no event may the sign be displayed within twenty-four hours after the one-time event has concluded.

C.

Commercial and Industrial Zones.

1.

Temporary Window Signs. Temporary window signs fronting on a street, parking lot or common on-site area, not covering more than fifty percent of the area of the window(s) within which they are placed for a period not to exceed fourteen days not more than four times per calendar year, with a minimum of thirty days between each placement. If a temporary window sign is painted directly onto the window, then instead of fourteen days, the temporary window sign may be placed for a period not to exceed forty-five days. No more than three signs per elevation with windows may be installed at any one time.

2.

One Building-Mounted Sign. One building mounted sign within thirty feet of the main entrance. Such sign shall not exceed four square feet, and shall not exceed three feet in any dimension, and shall not be installed at any location in excess of six feet from the ground. Such signs shall not be directly illuminated.

3.

Up to Six Permanent Signs. Up to six additional signs per premises. Such signs collectively cannot exceed three square feet and must be either building-mounted or window-mounted. Such signs shall not be illuminated.

4.

Up to Two Temporary Non-Commercial Signs. Up to two non-commercial temporary signs per property. The sign area for such signs may not exceed four square feet each. A typical example is a sign regarding an upcoming election.

5.

One for Sale Sign. Consistent with California Civil Code section 713, one freestanding sign per street frontage to a maximum of one sign per parcel installed in plain view of the public which advertises the following: (a) that the property is for sale, lease, or exchange by the owner or his or her agent; (b) directions to the property; (c) the owner's or agent's name; (d) the owner's or agent's address and telephone number. Such sign may not exceed thirty-two square feet or have any side exceed eight feet. Such sign shall not be illuminated.

(Ord. No. 923, § 2, 1-9-24)

A.

How Sign Area is Measured. Sign area is measured as follows:

1.

Basic Rule. Sign size or area is the entire area of the sign face, including nonstructural perimeter trim but excluding structures or uprights on which the sign is supported.

2.

Window Signs. Temporary window sign area is the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs applied directly on the glass (e.g., plastic film onto the glass), area measurements are the same as for wall signs.

3.

Wall Signs. The area of signs composed of individual letters affixed to a building or freestanding wall is the area which encloses all copy, logos, and graphics with four, six, or eight perpendicular lines.

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 is the area of either face taken separately. Thus, if the maximum permitted sign area is twenty square feet, a double-faced sign may have an area of twenty square feet per face.

5.

Three-Dimensional Signs. If a sign has three or more faces, its sign area is the sum of the areas of each individual face. Thus, if a sign has four faces and the maximum permitted sign area is twenty square feet, the maximum allowable area for each face is five square feet.

6.

Separated-Panel Signs. The sign area of open or separated panel signs (i.e., those signs having empty spaces between copy panels) is the entire area encompassed by the sign face, including the empty spaces between panels.

B.

How Sign Height is Measured. Sign height is measured as follows:

1.

Building-Mounted Signs. The height of building-mounted signs is measured from the average finished grade directly beneath the sign.

2.

Freestanding Signs. The height of a freestanding sign is measured from the top of the curb of the nearest street (or the edge of pavement of such street where there is no curb) to the highest point of the surface of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, if the director reasonably determines that a freestanding sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height is measured from the average finished grade at the base of the sign.

(Ord. No. 923, § 2, 1-9-24)

17.26.100 - Sign regulations applicable in all zones.

A.

Prohibited Sign Locations.

1.

Setback from Street and Intersections. No freestanding sign may be within five feet of a street right-of-way nor within a corner cutoff area identified in Section 17.12.050 (Intersection Visibility).

2.

No Off-Premises 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 premises in this chapter.

3.

Distance from Utility Lines. No sign shall be 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.

Public Right-of-Way. No sign shall be located on or within or project over or across a public right-of-way, including public streets, sidewalks, parkways, medians, and rights-of-way, unless specifically permitted in this chapter and a sign permit has been obtained. Any sign located on, within, or over a public-right-of-way in violation of this section may be summarily removed by the city.

5.

Public Safety. No sign shall obstruct the use of sidewalks, walkways and bike lanes and no sign shall obstruct free and clear vision of pedestrian and vehicular traffic.

6.

On Public Property. Except as authorized by law, signs may not be placed on or attached to any public property including city landscaping, stop signs, traffic signals, poles in the right-of-way, or fixtures in public parks. Any sign located on public property in violation of this section may be summarily removed by the city.

7.

On Utility Property. Except as authorized by law, signs may not be placed on or attached to any utility owned property, including any utility poles.

B.

Illumination. Illumination from or upon any sign shall not be directed upward, or towards any motorist or pedestrian. In addition, illumination from or upon any sign shall be shaded or shielded, such that it does not create glare, undue brightness or otherwise constitute a safety hazard. "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.

C.

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.

D.

Landscaping of Freestanding Signs. All permanent freestanding signs shall include, as part of their design, landscaping and/or landscaping about their base to prevent vehicles from hitting the sign, to improve the overall appearance of the installation, and to screen light fixtures and other appurtenances. Minimum landscape area at the base of freestanding signs shall be a minimum of twice the aggregate area of the freestanding sign or combination of signs. The property owner shall maintain all landscape areas in a healthy and viable condition.

E.

Engineering. Sign poles and/or sign canisters shall be subject to engineering requirements. Prior to the reuse of an existing pole sign or sign canister, the structural integrity must be confirmed by a properly licensed California Engineer.

(Ord. No. 923, § 2, 1-9-24)

If a lot has a multiple-family dwelling structure on the lot, and the lot is zoned to allow multiple-family dwellings, the following permanent non-commercial signs are allowed with a sign permit. Each of the signs, if illuminated, may be only indirectly illuminated. No dimension of any such sign may exceed six feet. No portion of any such sign may be further than six feet from the ground. If the sign is attached to a wall, no portion of the sign may exceed the height of the wall.

A.

One Building-Mounted or Freestanding Sign (e.g., Complex ID). Either one building-mounted or one freestanding sign. Up to two signs per entry are allowed (but only one per entry if the sign is double faced).

The sign area for each sign may not exceed twenty-four square feet. A typical example is a sign which names the residential complex.

B.

One Entrance Sign for Pedestrian Traffic (e.g., Directional). Either one building-mounted or one freestanding sign per entrance to the residential complex. Such sign must be within thirty feet of the entrance and must be oriented to pedestrian traffic. The sign area may not exceed nine square feet. A typical example is a sign which gives directions to unit numbers.

C.

One Freestanding Vehicular Entrance Sign (e.g., Directional). One freestanding sign per vehicular entrance to the residential complex. Such sign must be within thirty feet of the entrance and oriented to vehicular traffic. The sign area may not exceed nine square feet. A typical example is a sign which gives directions to unit numbers.

D.

One Permanent Sign (e.g., Rental Information). For lots containing fifteen or more dwelling units, one permanent sign per street frontage. Such sign area may not exceed six square feet. A typical example is a sign which provides rental information.

E.

Three Additional Permanent Signs. Up to one free-standing and two building-mounted permanent signs which collectively do not have a sign area exceeding twenty-four square feet.

(Ord. No. 923, § 2, 1-9-24)

17.26.120 - Permanent signs in agricultural, commercial, and industrial zones.

A.

The following permanent signs are allowed in agricultural, commercial, and industrial zones, with a sign permit.

1.

Freestanding Signs (e.g., Complex ID). One freestanding sign per street frontage. A typical example names the shopping center or complex. The maximum sign area is twenty-five hundredths square feet per linear foot of street frontage up to a maximum of ninety-six square feet. The sign height shall not exceed fifty feet, except that if the lot fronts on the Interstate-10 freeway, the maximum height is seventy-five feet. Illumination, if any, may be direct or indirect. Letters shall be a minimum of ten inches in height. Aggregate sign area may not be combined among street frontage.

2.

Building-Mounted Signs for Tenants (e.g., Tenant ID). For each separate business on the lot, one permanent building-mounted sign which is mounted flush with the building. Maximum height is eight feet. The

maximum sign area is one square foot per linear foot of tenant frontage. Illumination, if any, may be direct or indirect. For purposes of this subsection, "tenant frontage" means the width of tenant space, measured in linear feet, facing a parking lot, public street, or private street.

3.

Building-Mounted Signs. Up to two building-mounted signs per building (maximum one per side of building). The maximum sign area is one square foot per linear foot of street frontage. Each sign shall be installed within two feet of the top of the face of a building, and if that is not possible, the place closest to the top of the face. Illumination, if any, may be direct or indirect.

4.

Under-Canopy Signs. For each separate business on the lot, up to one under-canopy sign. Such sign is allowed only if the business fronts a parking lot or a street. The sign area shall not exceed three square feet. Sign illumination is prohibited.

5.

Pedestrian Entrance Signs (e.g., Directional). Either one building-mounted or one freestanding sign per entrance to a multi-tenant commercial building or multi-building complex. Such sign must be within thirty feet of the entrance and be oriented to pedestrian traffic. The sign height may not exceed the height of the wall on which it is mounted or six feet if the sign is freestanding and the sign area may not exceed eighteen square feet. A typical example is a sign which gives directions to unit numbers. Illumination, if any, may be direct or indirect.

6.

Window Signs. One window sign per window. Must be permanently applied or affixed to the inside of the glass.

B.

Maximum Number of Signs. The maximum number of signs permitted is four per business, with no more than two signs per building side.

C.

Aggregate Sign Area. Maximum permissible aggregate sign area shall be based on lot size, as follows:

1.

If the lot size is up to six thousand square feet, the aggregate sign area shall not exceed fifty square feet.

2.

If the lot size is between six thousand one and twelve thousand square feet, the aggregate sign area shall not exceed one hundred square feet.

If the lot size is between twelve thousand one and twenty-four thousand square feet, the aggregate sign area shall not exceed one hundred fifty square feet.

4.

If the lot size is between twenty-four thousand one and thirty-six thousand square feet, the aggregate sign area shall not exceed two hundred square feet.

5.

If the lot size is thirty-six thousand one square feet or greater in size, the aggregate sign area shall not exceed two hundred fifty square feet.

(Ord. No. 923, § 2, 1-9-24)

17.26.130 - Signs in downtown area.

The following additional requirements apply in the downtown area.

A.

Design Guidelines. Signs within the downtown area shall meet the requirements set forth in this chapter and the downtown design guidelines adopted by the city.

B.

Prohibited Signs. Rotating, revolving, or moving signs are prohibited in the downtown area.

(Ord. No. 923, § 2, 1-9-24)

17.26.140 - Billboards along interstate-10 freeway.

A.

Billboards Allowed with Caltrans and Sign Permit. Billboards are allowed adjacent to the Interstate-10 freeway in the locations specified by this section with a sign permit, provided that the California Department of Transportation has first issued a permit pursuant to the Outdoor Advertising Act. All billboards shall comply with all requirements of the Outdoor Advertising Act and regulations.

B.

Location Restrictions. Billboards may only be placed in the commercial and industrial zones. Billboards are prohibited in the area extending from Lovekin Boulevard to Intake Boulevard, between Chanslor Way and 14th Avenue.

(Ord. No. 923, § 2, 1-9-24)

17.26.150 - Specific uses.

A.

Religious Assembly, Institutional Uses, Theaters, Cinemas, and Cabarets. Notwithstanding any other provisions of this code to the contrary, if a religious assembly, institutional use, theater, cinema, or cabaret is allowed in the zone, then, at minimum, the following signs are allowed for such uses with a sign permit. To the extent that a zone may allow additional signage, then such additional signage is also allowed. Sign illumination, if any, may be direct or indirect.

1.

One Freestanding Sign. One freestanding sign not to exceed the allowable height for such signs in the zone in which it is located.

2.

Two Building-Mounted Signs. Up to two building-mounted signs which do not exceed the allowed height and size for such signs in the zone in which it is located. One of the allowed signs may include an attraction board.

3.

Additional Building-Mounted Signs. One building-mounted sign per screen or stage. Maximum sign area is eight square feet per sign. Illumination, if any, must be indirect.

B.

Gas Stations. The signs referenced in subsections A and C of section 17.50.080 ("Signs") of Chapter 17.50 (Automobile Service Stations) require a sign permit, but the posterboard signs authorized in subsection B do not require a sign permit. No sign permit will be issued in violation of Chapter 17.50.

(Ord. No. 923, § 2, 1-9-24)

17.26.160 - Art murals on private property.

A.

Purposes.

1.

These regulations relating to original art murals further the following purposes:

a.

Encouraging artistic expression;

b.

Fostering a sense of pride;

c.

Preventing vandalism at mural sites through the installation of murals that vandals are reluctant to disturb; and

d.

Preserving existing murals that are a valued part of the history of the city of Blythe.

2.

The city wishes to encourage the installation of murals and, at the same time, prevent the proliferation of off-site commercial signs. Therefore, the city's mural regulations exclude commercial advertising on murals to prevent the installation of the equivalent of an off-site commercial sign on a mural. This restriction on commercial advertising is intended to work in tandem with the limitations of off-site commercial signs to designated areas in the city. Both the limitation on zones and the exclusion of commercial advertising on murals are supported by the United States Supreme Court's ruling in Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981). In Metromedia, the Supreme Court ruled that cities may ban off-site commercial signs. The Supreme Court also ruled that cities can carve out exemptions to such a ban for non-commercial signs and on-site commercial signs.

3.

These mural regulations also promote public safety and welfare by regulating such displays in keeping with the following objectives:

a.

That the design, construction, installation, repair, and maintenance of such displays will not interfere with traffic safety or otherwise endanger public safety.

b.

That the regulations will provide reasonable protection to the visual environment by controlling the size, height, spacing, and location of such displays.

c.

That the public will enjoy the aesthetic benefits of being able to view such displays in numbers and sizes that are reasonably and appropriately regulated without having to endure visual blight and traffic safety impacts that would be caused by such displays that are not reasonably and appropriately regulated.

d.

That consideration will be given to equalizing the opportunity for messages to be displayed.

e.

That adequacy of message opportunity will be available to sign users without dominating the visual appearance of the area.

f.

That the regulations will conform to judicial decisions, thereby limiting further costly litigation and facilitating enforcement of these regulations.

B.

Permit Required. It shall be unlawful for any person, firm, or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any art mural within the city without first obtaining an art mural permit.

C.

Application and Review Procedures.

1.

Authority to Adopt Administrative Rules. The city manager is authorized to adopt art mural administrative rules implementing this section. The city manager is further authorized to specify art mural permit application requirements and art mural review procedures consistent with the requirements of this section.

2.

Application Requirements. An application for an art mural permit shall be submitted to the development services department to be assessed for compliance with the requirements of this section. An application for an art mural permit shall be submitted with applicable application fees, as established by resolution of the city council. The planning director shall have the authority to determine whether or not an application for an art mural permit meets all of the applicable permit application requirements.

3.

Planning and Art in Public Places Committee Review. Upon a determination by the planning director that an application for an art mural permit is complete and meets all applicable art mural requirements under this section, then the art mural permit application shall be forwarded to the art in public places committee for review and recommendations. The art in public places committee shall recommend that the city council approve any art mural satisfying the requirements of this section.

4.

City Council Review. The city council shall have final approval authority on an art mural permit application.

D.

Mural Regulations. Art murals shall meet the requirements of this section. An art mural satisfying these requirements and complying with applicable city permit application and review procedures will be issued an art mural permit following review by the city council.

1.

No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed.

No part of a mural shall extend more than six inches from the plane of the wall upon which it is tiled, painted, or affixed.

3.

No part of a mural shall exceed a height of twenty-five feet above grade.

4.

No mural may depict obscene or defamatory content.

5.

No mural may contain commercial messages. This prohibition includes, but is not limited to, advertising for goods or services, corporate logos, sponsorship logos, the name and/or logo of a recognizable entity, copyright, or trademark information related to a business or commercial enterprise of any kind.

6.

No mural may consist of, or contain, electrical or mechanical components, or changing images, which are defined as moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every twenty-four hours.

7.

No mural, except for murals consisting completely of paint, shall be placed over the exterior surface of any building opening, including, but not limited to, windows, doors, and vents. Notwithstanding the foregoing, a mural consisting of paint or any other material permitted under this section may be placed on roll down security doors on a commercial or industrial building.

8.

No mural shall be placed on residential building containing fewer than five residential dwelling units.

9.

No mural shall be placed on a lot located other than in the agriculture, medium-density residential, highdensity residential, public/quasi-public, commercial, and industrial zones.

10.

If illuminated, lighting shall be so arranged as to reflect away from adjoining property or any public way and so as not to cause a nuisance either to street or highway traffic or to the living environment.

11.

Digitally printed image murals shall receive approval from the building department.

12.

Any murals not authorized by this section are prohibited.

E.

Maintenance. Murals shall be maintained through repair, paint, or any necessary treatment so as to prevent decay. Defective or insufficient weather protection for exterior treatments and facades, including faded paint or materials and graffiti, shall be promptly addressed, and repaired or stabilized to prevent further deterioration.

F.

Grandfathering of Art Murals. Any art mural installed prior to the effective date of this section shall have legal nonconforming status and shall not be required to obtain an art mural permit under this section but shall be maintained as required by this section.

(Ord. No. 923, § 2, 1-9-24)

A.

Maximum Time Periods. No semipermanent sign shall be posted for more than one year. In addition, all semipermanent signs shall be removed within ten days after the occurrence of the event, if any, which is the subject of the semipermanent sign. For example, a semipermanent sign advertising the future construction of a facility on the lot or 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.

B.

Maximum Sign Area. Semipermanent signs may not exceed thirty-two square feet in area with no dimension exceeding eight feet. The aggregate area of all semipermanent signs on a lot shall not exceed sixty-four square feet.

C.

Maximum Height. Freestanding semipermanent signs shall not exceed eight feet in height. Semipermanent signs which are posted, attached, or affixed to multiple-floor buildings shall not be placed higher than the finished 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 eave line or top of wall of the building.

D.

Maximum Number. In no case shall the number of semipermanent signs on any lot or site exceed ten.

E.

Placement Restrictions. Semipermanent signs may not be posted in violation of any provision of this chapter or this code.

F.

Temporary Commercial Signs Prohibited. Temporary commercial signs may not be posted on sites approved for semipermanent signs unless specifically authorized by the semipermanent sign permit.

G.

Time Extensions. Prior to the expiration of the permit, the permittee may apply for a time extension of up to one year. The planning director shall approve the application for an extension of time upon determining that the semipermanent 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 semipermanent sign has been posted.

H.

Maintenance Semipermanent Signs. All semipermanent signs shall be maintained in a state of security, safety, and good repair.

(Ord. No. 923, § 2, 1-9-24)

All temporary signs must comply with the provisions of this chapter, including the standards set forth in this section.

A.

Sign Permit Required. Except as set forth in this chapter, a sign permit is required for any temporary sign.

B.

Maximum Time Periods. Except as set forth in this section, no temporary sign shall be posted for more than sixty 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 re-posted upon the same site, or any site which is visible from the original site, within ninety days of the removal of the original temporary sign.

C.

Maximum Sign Area. Temporary signs placed on private commercial and industrial property may not exceed thirty-two square feet in area with no dimension exceeding eight feet. The aggregate area of all temporary signs maintained on any lot may not exceed thirty-two square feet.

D.

Maximum Height. Temporary signs which are posted, attached or affixed to private multiple-floor buildings shall not be placed higher than eight feet or the finished 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 eave line 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 fifty.

F.

Placement Restrictions. Temporary signs shall be placed no less than two hundred feet apart from identical or substantially similar temporary signs and shall not be visible simultaneously with the boundaries of the city.

G.

Maintenance of Temporary Signs. All temporary signs shall be maintained in a state of security, safety, and good repair.

H.

Banners. A banner is allowed upon temporary sign permit approval on each building street frontage within six months of the business opening. The banner shall consist of lightweight fabric or similar material attached to the building wall below the eave line for a period not to exceed sixty days. The banner shall not be illuminated and its size shall not exceed thirty-two square feet. Under no circumstances shall banners be utilized as permanent business signage.

(Ord. No. 923, § 2, 1-9-24)

One A-frame sign is allowed per business in commercial zones upon portable sign permit approval, subject to the following requirements:

A.

Maximum Sign Area and Height. A-frame signs shall not exceed three feet in width or four feet in height.

B.

Location Restrictions. A-frames must be placed directly adjacent to the individual business to which the portable sign permit is issued. A-frame signs shall not be placed within five feet of any public street or within five feet of the corner cutoff area identified in Section 17.12.050 (Intersection visibility).

C.

Clearance. There must be a minimum six-foot clearance path of travel between the edge of any A-frame sign and any obstruction in the sidewalk such as street signs, light poles, fire hydrants and news racks.

D.

Daily Placement and Removal. A-frame signs may only be placed in the public right-of-way when the establishment is actually open to the public for business. A-frame signs shall be removed from the sidewalk at the end of every business day.

E.

Indemnification. A permittee for a portable sign permit for an A-frame sign shall be required to indemnify, defend, with attorneys of the city's choosing, and hold harmless the city, its city council, officers, and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, liabilities, costs, and expenses, including without limitation, attorneys' fees and court costs, of every kind and nature whatsoever which may arise in connection with the permittee's sign.

(Ord. No. 923, § 2, 1-9-24)

A.

Permanent Signs—Sign Permit.

1.

Applicability. A permanent sign permit is required for all permanent signs prior to erection or placement, unless otherwise exempted by this chapter.

2.

Approval Authority. The designated approving authority for sign permits is the director.

3.

Approval Determination. A sign permit shall be granted when the director determines the proposal to be in conformance with all applicable provisions of this chapter and with all other applicable laws, rules, and regulations.

B.

Semipermanent—Sign Permit.

1.

Applicability. A semipermanent sign permit is required for all semipermanent signs prior to erection or placement, unless otherwise exempted by this chapter.

2.

Approval Authority. The designated approval authority for all semipermanent signs shall be the director.

3.

Approval Determination. A semipermanent sign permit shall be granted if the director determines the proposal complies with this chapter and all other applicable laws, rules, and regulations.

C.

Temporary Sign—Sign Permit.

Applicability. A temporary sign permit is required for all temporary signs prior to erection or placement, unless otherwise exempted by this chapter.

2.

Approval Authority. The designated approval authority for all temporary signs shall be the director.

3.

Approval Determination. A temporary sign permit shall be granted if the director determines the proposal complies with this chapter and all other applicable laws, rules, and regulations.

D.

Portable Sign—Sign Permit.

1.

Applicability. A portable sign permit is required for all portable signs prior to erection or placement, unless otherwise exempted by this chapter.

2.

Approval Authority. The designated approval authority for all portable signs shall be the director.

3.

Approval Determination. A portable sign permit shall be granted if the director determines the proposal complies with this chapter and all other applicable laws, rules, and regulations.

E.

Submission Materials. The following shall be submitted by the applicant to the development services department at the time of permit application unless otherwise modified by the director:

1.

Application. Completed sign application obtained from the city;

2.

Fees. Appropriate fees as established by city council resolution;

3.

Consent. Written authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected;

Semipermanent, Temporary, and Portable Signs—Statement of Responsibility. Each application for a semipermanent, temporary, or portable sign permit shall include a statement of responsibility certifying a natural person who will be responsible for removing each 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 chapter;

5.

Plans. Sign plans with number of copies and exhibits as required in the application. Such plans must include the following information:

a.

Sign Elevation. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy, and illumination method.

b.

Location Depiction. 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, and

c.

Building Elevations. Building elevations with signs depicted (for building-mounted signs).

F.

Sign Application Procedures.

1.

Application. An application for a permanent sign permit, semipermanent sign permit, temporary sign permit, or portable sign permit shall be made on the form(s) prescribed by the development services department.

2.

Review and Approval. The planning director or other authorized staff member shall review standard sign applications and shall either approve, approve with modification(s), or deny the application. The application for a sign permit shall be approved if the proposed sign is consistent with the requirements of this chapter.

G.

Planned Sign Programs.

1.

Planned Sign Program. Planned sign program review per the provisions of this subsection is required for submissions which:

a.

Include three or more permanent signs,

b.

Are in conjunction with review of a site development project by the planning director, or

c.

Include a request for a sign adjustment to a sign previously approved under a planned sign program.

2.

Determination. The planning director shall either approve, approve with modifications, or deny planned sign program applications.

3.

Conditions. The planning director, upon completion of his or her review, may attach appropriate conditions to any sign program approval. To approve a planned sign program, the planning director must determine that:

a.

The sign program is consistent with the purpose and intent of this chapter; and

b.

The sign program is in harmony with and visually related to:

i.

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.

ii.

The Buildings they Identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified.

iii.

Surrounding Development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs.

4.

Modifications to Sign Program. Modification of signs within a previously approved sign program shall be reviewed and approved by the planning director under the same procedures as review of a new planned sign program.

H.

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 director if such adjustments are consistent with this chapter. Applications for sign adjustments shall be submitted in writing to the planning director. The planning director may approve a sign adjustment if the planning director determines the adjustment is necessary based on one or more of the following reasons:

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, 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.

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 freestanding sign upon determining 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.

I.

Disposition of Plans.

1.

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 development services 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 department for issuance of the building permit.

J.

Sign Permit Expiration and Time Extensions.

1.

Approval of a sign permit 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 determines that there has been a substantial change in circumstances.

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.

(Ord. No. 923, § 2, 1-9-24)

A.

Every legal sign in existence on the effective date of the ordinance codified in this chapter 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:

1.

The sign is properly maintained and does not in any way endanger the public; and

2.

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; or

3.

If the existing business(es) closes after adoption of the ordinance codified in this chapter, the new occupant or business will be required to comply with the requirements of this chapter.

B.

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.

C.

Any nonconforming sign which is damaged or destroyed beyond fifty percent of 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 fifty percent of value shall rest with the planning director and shall be based upon the actual cost of replacing said sign.

D.

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.

(Ord. No. 923, § 2, 1-9-24)

17.26.220 - Enforcement, sign removal and abatement.

A.

Enforcement Responsibility. The director shall enforce the provisions of this chapter.

B.

Illegal Signs. Any sign which does not have a required permit, which remains posted beyond the time limits set forth in this chapter or the applicable sign permit, which is a danger to the public, or which otherwise violates applicable provisions of this chapter is 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.

C.

Abatement of Illegal and Abandoned Signs. Any illegal or abandoned sign is hereby declared to be a public nuisance, which may be abated in accordance with the nuisance abatement procedures set forth in Chapter 8.28 (Abatement of Public Nuisances) of this code or any other remedy available at law or in equity, including the alternative remedies set forth in Chapter 8.28 of this code.

D.

Violations. Any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as provided in Chapter 1.24 of this code.

E.

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.

F.

Confiscated Signs. If the city confiscates any signs for violation of this chapter, the city shall keep such signs in its possession to the extent required by California Civil Code section 2080 et seq. If the city still has such sign in its possession, the owner of such sign(s) may obtain such signs from the city after paying the city for its reasonable costs to impound such sign(s), which amount may be set by resolution of the city council.

(Ord. No. 923, § 2, 1-9-24)

Any decision of the planning director made pursuant to this chapter may be appealed to the city council. The appeal shall be conducted in accordance with the following requirements:

A.

Written Request. Within ten calendar days after the date of a decision of the planning director, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper.

B.

Appeal Fee. At the time of filing, the appellant shall pay the designated appeal fee, as established by resolution of the city council.

C.

Appeal Hearing. Upon receipt of the written appeal, the city clerk shall set the matter for a hearing before the city council. The city council shall hear the matter de novo and shall conduct the hearing pursuant to the procedures set forth by the city. The appeal shall be held within a reasonable time after the filing of the appeal at the discretion of the city manager. At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court

of law shall not apply to the hearing. At the conclusion of the hearing, the city council may affirm, reverse, remand or modify the decision appealed. The decision of the city council shall be final and judicial review thereof shall be subject to the provisions of Sections 1094.5 and 1094.6 of the California Code of Civil Procedure.

(Ord. No. 923, § 2, 1-9-24)

Chapter 17.27 - ARTS IN PUBLIC PLACES PROGRAM

Sections: