Calexico Municipal Code § 17.01.1112 Prohibited signs

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Editor's note— Section 5 of Ord. No. 1121, adopted Aug. 17, 2010, repealed §§ 17.01.1100 and 17.01.1110, which had comprised Art. XI, Signs, and enacted similar provisions to read as herein set out. Former Art. XI sections derived from prior code §§ 8181 and 8182; Ord. 606, adopted in 1966; and Ord. 648, adopted in 1970.

This chapter shall be known as the "Sign Ordinance."

(Ord. No. 1121, § 5, 8-17-10)

This chapter regulates signs, as defined herein that are located on private property (not including public rights-of-way), or on property owned by public entities other than the city of Calexico, and over which the city holds land use regulatory authority, when such property is located within the corporate limits of the city of Calexico. The policies for private party use of owned property and public rights-of-way for sign purposes are stated in a separate policy statement or resolution adopted by the city council from time to time.

(Ord. No. 1121, § 5, 8-17-10)

The purpose of this chapter is to establish a comprehensive system for the regulation of signs in the city of Calexico. Sign regulation is enacted to serve the interests of community aesthetics, vehicular and pedestrian safety, to protect and preserve property values, to improve the visual environment of the city so as to promote commerce, investment, tourism, and visitation, and the overall quality of life for persons living in, doing business in, or visiting the city. The provisions of this chapter are also intended to promote the public health, safety and general welfare of persons driving, parking, walking, residing, or conducting business within the city by reducing visual distractions to motorists, by making signs and advertising displays more attractive, aesthetically pleasing, and more effective. It is the further purpose of this chapter to ensure that every use of property within the city receives adequate identification. This chapter shall supplement the provisions for signs and advertising displays as defined in this zoning ordinance for each of the city's zones.

The regulations of this chapter are not intended to permit any violations of the provisions of any other lawful ordinance, or to prohibit the use of any sign required by any law superior to that of this ordinance.

(Ord. No. 1121, § 5, 8-17-10)

The policies and provisions of this section shall apply to all signs regulated by this chapter.

A. Message Neutrality. Consistent with both the federal and state constitutions, it is the city's policy to regulate signs in a manner that is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs.

B. Regulatory Interpretations. All regulatory 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 Section 17.01.900, then the director shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this chapter. Architectural compatibility shall be analyzed without consideration of the message to be displayed on a sign, other than the distinction between on-site and off-site commercial messages.

C. Discretionary Approvals. Whenever a sign or proposed sign is subject to any discretionary approval process, including, but not limited to, variance, conditional use permit, or special use permit, then no consideration will be given to sign copy or message to be displayed, other than a determination as to whether the message will constitute off-site commercial copy. This principle applies equally at all levels of approval, from the director to the city council.

D. Message Substitution Policy. Subject to a property owner's consent, a noncommercial message of any type may be substituted 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 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 parcel or land use, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

E. Noncommunicative Aspects of Signs. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, and so forth, stand enforceable independently of any permit or approval process.

F. Billboard Policy. It shall be the policy of the city of Calexico to regulate the placement of "billboards" by requiring consideration of such signs via the conditional use permit (CUP) process pursuant to applicable provisions of the Zoning Code. The following requirements shall be met:

1. The location shall be zoned commercial or industrial;

2. There must be a business activity within one thousand feet of the proposed sign;

3. No sign shall be permitted within one-quarter mile radius of another legally permitted billboard;

4. No sign shall be permitted within three hundred feet distance from another legally permitted on-site freestanding/freeway sign;

5. Other considerations regarding compatibility of placement as required by the CUP process;

6. No sign shall be permitted on parcels of land less than two acres in size;

7. The city adopts this policy pursuant to California Government Code Section 65850, California Business and Professions Code Sections 5354(a) and 5408.3 (both effective January 1, 2003).

G. Multiple Use Zones. In any zone where both residential and nonresidential uses are allowed, 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 a residential zone, 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.

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

I. Projection Over Public Right-of-Way. No sign may project over the public right-of-way unless such projection is specifically authorized by this chapter or by a policy statement or resolution, adopted by the city council, authorizing such projection.

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

K. Compliance with Safety Codes. In addition to the requirements of this chapter, all signs displayed in the city must comply with the provisions of Title 15, regulating building and construction in the city.

L. Compliance with Other Laws. All signs displayed in the city must comply with the requirements of this chapter and the requirements of all other applicable laws.

M. Permit Requirement. It is illegal to display any sign within the city without a sign permit as required in Section 17.01.1105, unless the particular sign is expressly exempted from the permit requirement by any provision of this chapter.

N. Right to Permit. When a given sign is subject to the permit requirement of Subsection (M) of this section, or Section 17.01.1105, and the applicant satisfies all of the requirements of this chapter and all other applicable law, the permit shall be issued upon the terms and conditions stated in this chapter and such other applicable laws.

O. Right to Sign. When a sign is not subject to a permit requirement, and fully conforms with all the provisions of this chapter and all other applicable laws, the sign may be displayed as a matter of right.

P. Severance. 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 in this chapter that can be given effect without the invalid portion. In adopting this chapter the city council affirmatively declares that it would have approved and adopted the chapter even without any portion that may be held invalid or unenforceable.

(Ord. No. 1121, § 5, 8-17-10)

For the purpose of this chapter, certain terms used herein are defined as follows:

A. "Balloon" means an inflatable bag or other inflatable device of any size.

B. "Billboard" means a permanent structure sign with a display face exceeding thirty-two square feet that is used to display off-site commercial messages.

C. "Building frontage" means the lineal extent of a building or unit along either a street or a public parking area serving the business, not including loading or service areas.

D. "Business identification sign" means any sign erected or maintained for the purpose of identifying a bona fide business being conducted upon the premises on which the sign is located.

E. "Center identification sign" means a freestanding sign structure containing the name identifying an integrated business development and may also include identification signs on which the names and nature of business only within the development are uniformly displayed.

F. "Commercial development" means one or more nonresidential or noninstitutional types of use engaged in commerce on a parcel or on adjacent parcels of land which are planned, developed, or managed as a unit.

G. "CMC" means the city of Calexico Municipal Code as amended from time to time.

H. "Commercial sign" means any sign excluding noncommercial signs.

I. "Director" means the director of community development department.

J. "Double-face sign" means a single sign with two parallel sign faces back-to-back.

K. "Electronic message display" is a sign with either a fixed or changeable display which may be changed by electronic processes or remote control, which may include words and/or pictures and composed of a series of lights, light emitting diodes (LEDs) or liquid crystal displays (LCDs) or functionally similar signs.

L. "Freestanding sign" means any permanent sign not attached to a building.

M. "Freeway" means a highway with respect to which the owners of abutting lands have no right of easement or access to or from their abutting lands, or in respect to which such owners have only limited or restricted easement or access and which is declared to be such in compliance with the Streets and Highway Code of the state. "Highway" includes roads, streets, boulevards, lanes, courts, places, commons, trails, ways or other rights-of-way or easements used for or laid out and intended for the public passage of vehicles or of vehicles and persons.

N. "Integrated development" means a development consisting of five or more interrelated business establishments, in separate units, using common driveways and on-site parking facilities.

O. "Interstate highway" means any highway at any time officially designated as a part of the national system of interstate and defense highways by the director and approved by appropriate authority of the federal government.

P. "Monument sign" means a low profile sign, not exceeding six feet in height, supported by a solid pedestal extending under the entire length of the sign.

Q. "Noncommercial sign" means any sign, including political signs, not advertising a business, services offered or rendered, goods produced, sold, or available for sale, whether on- or off-site.

R. "Off-site sign" means any sign, including billboards, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises, and only incidentally on the premises if at all. All noncommercial signs are considered on-site signs; the definition and rules for off-site signs apply only to commercial speech on signs.

S. "On-site sign" means any structure, housing, sign, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, that has been designed, constructed, created, intended, or engineered to have a useful life of fifteen years or more, and intended or used to advertise, or to provide data or information in the nature of advertising, for any of the following purposes:

1. To designate, identify, or indicate the name or business of the owner or occupant of the premises upon which the advertising display is located.

2. To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display has been lawfully erected.

T. "Permanent reader panel" means a permanently constructed changeable copy bulletin board lighted or unlighted with detachable precut letters and figures.

U. "Noncommercial campaigning sign" means a sign relating to a forthcoming public election or referendum indicating the name and/or picture of an individual seeking election to a public office, or a sign pertaining to issues, or a sign pertaining to the advocacy by persons, groups, or parties of political views or policies.

V. "Portable sign" means any movable external sign that is not permanently secured or attached to an approved permanently established structure, support or anchor.

W. "Projecting sign" means any sign which is affixed or attached to, and is supported solely by a building wall or structure, or parts thereof, and extends beyond building wall, or structure or parts thereof more than twelve inches and whose angle of incidence to said building wall, structure or parts thereof, is greater than thirty degrees.

X. "Primary highway" means any highway, other than an interstate highway, designated as a part of the federal-aid primary system in existence on June 1, 1991, and any highway that is not in that system but which is in the National Highway System.

Y. "Roofline" means the height above the eaves line on sloped roofs, and above the roof covering on flat roofs except parapet walls.

Z. "Roof sign" is any sign erected, constructed and maintained wholly or partially above the roofline.

AA. "Sign" means and includes every announcement, declaration, demonstration, display, illumination, insignia, surface or space when erected or maintained in view of the general public for identification, advertisement or promotion of the interests of any business or person.

BB. "Sign area" means the entire area within the outside border of the sign. The area of a sign having no continuous border or lacking a border shall mean the entire area within a single continuous perimeter formed by no more than eight straight lines enclosing the extreme limits of writing, representations, emblem, or any fixture or similar character, integral part of the display or used as a border excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back-to-back and are at no point more than three feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

CC. "Sign value" means the current cost of construction of the sign, as reasonably estimated by the director, assuming the sign meets the standards established by International Conference of Building Officials and as adopted periodically by the city council.

DD. "Street frontage" means the lineal extent of a parcel of land along a street.

EE. "Temporary sign" means any sign constructed of or painted on, cloth, canvas, light fabric, cardboard, wallboard, plastic, or other light material.

FF. "Wall sign" includes all flat signs, either of solid face construction or individual letters, which are placed against the exterior wall of any building or structure and extending not more than one foot from the face of the building and having the advertisement on one face only.

(Ord. No. 1121, § 5, 8-17-10)

A sign permit shall be required to be obtained from the planning division for new signs and/or change of face or copy on existing signs. A building permit and electrical permit (a grading, fire and mechanical, plumbing permit requirement may also be triggered per the discretion of the director) shall be required from the building division prior to the placing, erecting, moving, reconstructing, altering, or displaying of any exterior signs unless exempted by Section 17.01.1108, and not including merely refurbishing (i.e., repainting, etc.) existing signs.

(Ord. No. 1121, § 5, 8-17-10)

A. Application for Sign Permit and Approval shall be made upon forms provided by the community development department, planning and building and safety divisions and shall include the following information and materials:

1. Three copies of plan showing:

a. Site plan illustrating general location of and placement of the proposed sign in relation to driveways, property lines and buildings;

b. Position of sign or other advertising structure in relation to adjacent buildings or structures. If a freestanding sign is proposed, illustrate the location in relation to lot layout;

c. The design, color, materials used and size of all proposed signs. For freestanding signs, dimension and description of materials supporting sign. Structural details shall be required for all freestanding signs in excess of three feet with calculations and specifications signed by a registered professional engineer;

d. A current photograph(s) showing existing signs on the premises and adjacent property, and certifying the date on which the photographs were taken;

e. A statement showing the size and dimensions of all signs existing on the premises at the time of making such applications;

f. Applicant's statement as to whether the sign will display onsite or offsite commercial and/or noncommercial messages.

B. Fees. Every applicant, before the granting of a sign permit, shall pay to the planning and building and safety divisions the permit fees as established by resolution for each sign or other advertising structure regulated by this chapter.

C. Issuance of Permits. It shall be the duty of the planning and building and safety divisions, upon the filing of an application for a sign permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or advertising structure; and if it shall appear that the proposed structure is in compliance with all the requirements of this chapter and all other adopted laws, guidelines and ordinances of the city, they shall then issue the sign permit except as otherwise provided in this chapter.

1. The planning and building and safety divisions must make a determination about whether the application should be granted or denied within thirty days of the application being submitted to the departments. Failure to reach a decision within thirty days will result in the application being deemed approved.

2. Within ten calendar days from the day the city denied an application to construct or modify a sign, the applicant may file an appeal, in writing, and attach all evidence or documents the applicant believes to be relevant to the appeal. The appeal and supporting documents must be filed with the office of the city manager. The appeal will be reviewed by the city manager or his or her designee, and shall be decided within 30 days after the city of Calexico has received the appeal. The city manager or designee may, in the exercise of his or her discretion, allow the applicant to present testimony orally in addition to the written appeal documents required by this section.

D. Revocation of Permit. The director is authorized and empowered to revoke any permit upon failure of the holder thereof to comply with any provision of this chapter, with written statement for reasons of revocation.

E. Failure to Obtain Permit. Failure to acquire a permit before commencing work shall trigger issuance of a citation pursuant to Chapter 1.27 of this Code and a double permit fee assessment. Nothing in this section restricts the city from seeking any other legal remedy for violations of this chapter.

(Ord. No. 1121, § 5, 8-17-10)

The issuance of a sign permit shall not constitute a waiver of this section or any ordinance of the city, and the building and safety division is authorized to stop any sign or advertising structure installation which is being carried on in violation of this chapter, or of any other ordinance of the city.

Recipient of a stop order may contest that there was a violation of this chapter by completing a request for a hearing form and returning it to the city within fifteen days from the issuance of the stop order.

(Ord. No. 1121, § 5, 8-17-10)

The following nonilluminated signs shall be permitted in all districts with no permit required, subject to the limitations provided in this chapter, or as otherwise provided by state law:

A. One double-faced or two single-faced real estate signs per street frontage not exceeding six feet in area nor six feet in height pertaining to the sale or rental of the property on which displayed, provided that such signs shall be removed at the time the property is sold or rented. On vacant parcels larger than ten thousand square feet in area, one double-faced real estate sign per street frontage not exceeding thirty-two square feet in area may be placed in lieu of the smaller sign, provided that it shall be a minimum of fifteen feet from any street right-of-way or driveway and shall not exceed ten feet in height.

B. One professional nameplate or occupational sign denoting only the name and occupation of an occupant in a commercial building or public institutional building, provided that said sign does not exceed two square feet in area and is attached to and mounted parallel to the face of the building not exceeding one inch from the wall.

C. One nameplate, denoting only the name of occupants of a dwelling, and not exceeding two square feet in area not located closer than two feet to the property line.

D. Municipal signs, railroad crossing or danger signs, official notices issued by any court or public body or officer, notices posted by any public officer in performance of a public duty or by any person in giving any legal notice, directional warning or information signs or structures required by or authorized by law or by federal, state or county authority, a sign erected near a city or county boundary that contains the name of that city or county and the names of, or any other information regarding, civic, fraternal, or religious organizations located within that city or county. These items are not considered "signs" under state law.

E. Nonadvertising warning signs or trespassing signs on private property posted no closer than one hundred feet apart not exceeding three feet in area.

F. Nonadvertising signs of public utility companies as may be required in their operations in providing services for the health and welfare of the general public, or as required by any law or regulations of the state or any agency thereof.

G. One sign per street frontage identifying the development and denoting the architect, engineer or contractor when placed upon work under construction; provided, however, that no such sign shall exceed thirty-two square feet in area nor eight feet in height.

H. Noncommercial window display signs advertising specific event. Each business may display one such sign in its window containing a maximum of four square feet in area, for not more than thirty days before the event takes place. The sign must be removed within twenty-four hours after the event takes place.

I. Nonadvertising displays commemorating legal holidays; providing, however, that said displays are not detrimental to public health, safety and general welfare.

J. Temporary noncommercial signs displaying political campaign messages subject to the regulations in Section 17.01.1114, Temporary noncommercial campaigning signs.

(Ord. No. 1121, § 5, 8-17-10)

A. Removal or Alteration of Nonconforming On-Premises Signs.

1. Without compensation. Any sign that does not conform to the provisions of this chapter and that was constructed or displayed prior to the adoption of this chapter shall be considered nonconforming and removed or brought into conformance with this chapter without compensation when said sign meets any of the following requirements:

a. The sign did not comply with all ordinances and regulations in effect at the time of its construction and erection or use.

b. The sign was lawfully erected, but has become illegal or abandoned, as those terms are defined in California Business and Professions Code Section 5499.1, as that section is amended from time to time, and were illegal or abandoned under the previous chapter and prior to the adoption of this chapter. All abandoned and illegal signs and advertising structures shall be abated pursuant to the notice and hearing procedures for removal of illegal or abandoned signs required by California Business and Professions Code Sections 5499.1 to 5499.16 as those sections are amended from time to time.

c. The sign was legal when initially constructed or erected, but has been relocated, or any nonconformity has been expanded.

d. The sign is the subject of an agreement between the sign owner and the city for its removal as of a given date.

e. The sign is temporary.

f. The sign is located where building permit or sign permit is issued for a site located within a redevelopment project area created pursuant to California Community Redevelopment Law.

g. The sign has been damaged to the extent that the cost of repair, other than copy replacement, will exceed fifty percent of the sign value, as defined in Section 17.01.1104. The sign value shall be reasonably determined by the director.

2. Removal of nonconforming signs. After determining that a sign is nonconforming in accordance with the provisions of this section, the director shall issue a written notice of such nonconformance to the owner of the property upon which said sign is located and state:

a. The requirements to bring the sign into compliance with this chapter.

b. The date upon which said sign shall achieve conformance or be removed.

3. Alterations. A sign permit shall be required for any alteration or relocation required to bring a sign(s) into compliance with the provisions of this chapter.

4. Time limit for conformance:

a. Unless otherwise required by this chapter or state law, a sign that exists at the time of adoption of this chapter and does not conform to all of the requirements of this chapter shall not be structurally or electrically altered, increased in area, or relocated unless it is made to comply with all of the provisions of this chapter. However, any nonconforming sign may be maintained, repaired, painted, or remain in existence for a period of fifteen years from the date on which Ordinance No. 1121 was enacted by the city.

b. For purposes of this section, every on-site sign is assumed to have a useful life of fifteen years as established in Section 5495 of the California Business and Professions Code.

c. Fair and just compensation shall be provided by the city for any signs required to be removed, except as otherwise required by this chapter, during the fifteen-year amortization period. Any sign required to be so removed before the amortization period has lapsed shall be entitled to fair and just compensation that is equal to one-fifteenth of the duplication cost of construction of the display being removed multiplied by the number of years of useful life remaining for the sign. At the end of the amortization period or at the time compensation is provided for nonconforming signs, the owner thereof shall cause the sign to be removed or so altered to conform fully with the requirements of this chapter. A sign permit shall be required for any such alteration or relocation.

5. Removal of amortized signs. Any nonconforming sign required to be removed in compliance with the provisions of this chapter because of expiration of the applicable time period or payment of fair and just compensation are deemed to be fully amortized and a public nuisance, and may be abated pursuant to the procedures established in this chapter.

6. Declaration of amortization; notice of removal:

a. All nonconforming signs required to comply with the provisions of this chapter because of expiration of the applicable time period or payment of fair and just compensation are deemed to be fully amortized and a public nuisance, and may be removed by any city employee or private contractor at the direction of the city manager or designee, upon the expiration of thirty days after written notice of such nonconformance and order of removal has been made. The actual cost for such removal shall be charged to the property owner.

b. Written notice for removal shall be mailed by certified mail to the property owner upon which said display is located. The notice shall state the date for removal.

7. Removal of temporary signs. Temporary signs that do not conform to this ordinance shall, within thirty days after the effective date of this chapter, be removed or made to conform with the requirements of this chapter, including the requirement to obtain a permit as set out in Section 17.01.1117(A) of this chapter.

B. Removal of Nonconforming Billboards and Off-Premises Advertising Structures.

1. Any off-premises advertising structure or billboard that was lawfully erected prior to the adoption of this chapter shall be deemed a nonconforming off-premises advertising structure.

2. Maintenance. Any existing off-premises advertising structure or billboard that has been determined to be nonconforming may continue in its customary use and maintenance until such time that the city requires the removal of said structure in accordance with the provisions of this chapter and any state or federal provisions for removal and compensation for such required removal of nonconforming off-premises advertising structures.

3. Removal without compensation; illegal structures and relocation agreements. Except as limited by state law, after proper written notice, the city may require the removal of any nonconforming outdoor advertising structure or billboard, without compensation, when said structure meets any of the following conditions:

a. The off-site advertising structure did not comply with all ordinances and regulation for such structures in effect at the time of its construction or use, without consideration of messages.

b. The offsite advertising structure was lawfully erected, but has not contained copy for public display for a consecutive period of eighteen months or longer.

c. The sign has been damaged to the extent that the cost of repair, other than copy replacement, will exceed fifty percent of the sign value, as defined in Section 17.01.1104. The sign value shall be reasonably determined by the director.

d. The structure is the subject of an agreement between the owner and the city for its removal as of any given date.

4. Removal without compensation; residential areas and agricultural areas. Except as limited by state law, the city may require the removal of a nonconforming off-premises advertising structure that was legally erected and maintained in existence on the effective date of this chapter but that has become nonconforming with the provisions of this section that meets all of the following requirements:

a. The display is located within an area shown as residential on the city's general plan.

b. The display is located in an area zoned for residential use either on the date on which the removal requirement is adopted or becomes applicable to the area.

c. The display is not located within six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way.

d. The display is allowed to remain in existence for a period of time as set forth in Section 5412.1 of the California Business and Professions Code or any subsequent amendments or adjustments thereof, which section is hereby incorporated by this reference.

e. The display is located within an incorporated area shown as agricultural on the city's general plan as of either the date this chapter is first enacted.

f. The display is located within an area zoned for agricultural use either on the date on which the removal requirement is adopted or becomes applicable to the area.

g. The display is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs.

h. The display is allowed to remain in existence for the period of time set forth below after the enactment or amendment after January 1,1983, of any ordinance or regulation necessary to bring the entity requiring removal into compliance with Business and Professions Code Section 5412, and after giving notice of the removal requirement.

5. Removal with compensation. Nothing in this section shall prohibit the city from requiring the abatement and removal of a nonconforming off-premises advertising structure in commercial or industrial areas with proper notification and payment of compensation in accordance with the provisions of Section 5412 of California Business and Professions Code.

6. Notwithstanding any provisions to the contrary in this chapter, no nonconforming advertising structure is required to be removed solely by the passage of time if such action is prohibited by state or federal law.

7. Notification for removal of nonconforming off-premises advertising structures. After determining that an off-premises advertising structure is nonconforming in accordance with the provisions of this section, the director shall cause a written notice of such nonconformance to be sent to the owner of the property upon which said structure is located, and to the owner of said structure, that states the requirements to bring the sign into compliance with this chapter, and the date upon which said sign shall achieve conformance or be removed.

8. A demolition permit shall be required for any removal required to bring a structure into compliance with the provisions of this chapter.

9. Structures determined to be nonconforming pursuant to this chapter and determined to be a public nuisance due to unsafe structural conditions as determined by the building official are required to be abated immediately.

10. Written notice for removal shall be mailed by certified mail to the property owner upon which said structure is located and to the owner of the structure. The notice shall state the date for removal.

11. All nonconforming structures required to comply with the provisions of this chapter because of expiration of an applicable time period or payment of fair and just compensation shall be deemed a public nuisance, and may be removed by any city employee or private contractor at the direction of the city manager or his designee, upon the expiration of sixty days after written notice of such nonconformance and order of removal has been made. The actual cost for such removal may be charged to the property owner.

(Ord. No. 1121, § 5, 8-17-10)

A. Noncommercial signs, including political signs, shall be allowed under any circumstance in which a commercial sign is allowed, pursuant to the same rules and regulations as are applicable to any commercial sign, and as additionally allowed pursuant to this chapter.

B. Subject to a property owner's consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, providing 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 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 parcel or land use, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

(Ord. No. 1121, § 5, 8-17-10)

A. Construction. Every sign and all parts, portions, units and materials comprising the same, together with the frame, background, supports, or anchorage therefore, shall be manufactured, fabricated, assembled, constructed, and erected in compliance with all applicable state, federal and city laws and regulations, including, but not limited to, all applicable safety codes.

B. Maintenance. Every sign and all parts, portions, units, and materials comprising the same, together with the frame, background, supports, or anchorage therefore, shall be maintained in proper repair and a proper state of preservation and repair. The display surface of all signs shall be kept neatly painted and/or posted.

C. Notices to maintain, alter, or repair. Upon a written notice from the director, the necessary maintenance, alterations, or repairs shall be made within ten days after the date of such notice. Orders to maintain, alter or repair are appealable in the same manner as sign permit decisions.

D. Removal. Except as otherwise provided in this chapter, signs pertaining to enterprises, occupants or activities that are no longer using the premises for which the sign relates, or that are inoperative, shall be painted out, obliterated or removed from the premises within sixty days after the enterprise or occupant has vacated the premises or the sign is found to be inoperative. Any nonconforming signs that exist at the time a business become inoperative, as defined in this chapter, shall be removed and may not be replaced, restored or revised unless brought into conformance with this chapter. Allowable temporary signs shall be removed no later than five days after the occurrence or completion of the event or election or other purposes served by the sign.

E. Public Nuisance Abatement. Any sign violating the provisions of this section shall constitute a public nuisance and shall be subject to abatement, using the following procedure:

1. The director shall make an initial decision that a sign is in violation of this chapter, and shall give notice of that determination to the property owner, and business owner or sign owner. The notice shall specify the grounds for considering the sign a public nuisance and provide thirty calendar days in which the nuisance may be remedied, unless the sign qualifies as an immediate peril, in which case Section 17.01.1111(E)(3) shall apply. A notice to abate a public nuisance sign is appealable in the same manner as a sign related decision.

2. If the nuisance condition is not remedied within thirty days or such extension of time as the director may allow on the ground that remedy is not feasible within thirty days, the director may cause the sign to be removed, and the cost of removal shall be billed to the sign's owner, the property owner, business or establishment owner, or other responsible party. Said cost may be assessed as a lien against the property upon which the sign was displayed.

3. Notwithstanding the foregoing, the director may cause any sign that is an immediate peril to persons or property to be removed summarily and without prior notice. If a sign is summarily removed pursuant to this section, the director shall give notice of the removal to the appropriate parties as soon as it is reasonably possible after the removal.

4. Any sign directed to be so removed shall also require that the structure from which the sign is removed be left in good condition.

(Ord. No. 1121, § 5, 8-17-10)

All signs not specifically permitted by other provisions of this chapter shall be prohibited. The following signs shall not be permitted unless specifically allowed by a specific plan, overlay district or other section of this Code:

A. Portable signs, such as freestanding or wheeled signs higher than forty-two inches in height, and metallic balloons.

B. Vehicles containing advertising intentionally parked on public or private property for extended amounts of time at the same location for the primary purpose of advertising or directing attention to a permanent business.

C. Signs that incorporate in any manner any flashing, moving, or intermittent lighting.

D. Rotating or animated signs, or signs that contain any moving parts.

E. No signs, lights or other advertising structure shall be:

1. Located within the right-of-way of any highway;

2. Visible from any highway and simulating or imitating any directional, warning, danger or information sign permitted under the provisions of this chapter, or be likely to be mistaken for any permitted sign, or if intended or likely to be construed as giving warning to traffic, by, for example, the use of the words "stop" or "slow down";

3. Maintained in any other but a safe condition;

4. Visible from any highway and displaying any red or blinking or intermittent light likely to be mistaken for a warning or danger signal;

5. Illuminated so as to impair the vision of travelers on adjacent highways; Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in Section 21466.5 of the California Vehicle Code;

6. Visible from a state regulated highway and displaying any flashing, intermittent, or moving light or lights, or that appear to be moving.

F. Signs that exceed the roofline or parapet to which such signs are attached (including decals on mechanical equipment).

G. Yard sale and real estate signs in the public right-of-way.

H. Off-site signs as defined in Section 17.01.1104 of this chapter.

(Ord. No. 1121, § 5, 8-17-10)

A. No person, except a public officer or city employee in the performance of his duty shall paste, post, paint or erect any flag, pennant, sign or notice of any kind or cause the same to be done upon public property, street, bridge, or sidewalk within the city and no person shall attach any item to private utility poles.

B. Exceptions. Signs and banners for special public events to the benefit of the entire community and authorized by the director or designee.

(Ord. No. 1121, § 5, 8-17-10)

A. General. Noncommercial signs are permitted (without the requirement of seeking a permit from city personnel) in any district subject to the following limitations:

1. Time Limits. No sign shall be posted more than ninety days prior to the election or event or subject matter to which it pertains. All signs shall be removed within thirty days following the election, event, or subject matter to which they pertain.

B. Exceptions. Temporary noncommercial campaigning signs shall be prohibited in locations listed below:

1. Public right-of-way. No sign shall be posted within the street right-of-way (including, but not limited to, median islands, tract entry planters, treewells and parkways), or on any traffic-control sign, private or public utility company poles;

2. Public facilities. No sign shall be posted on any building or on any property owned by the city.

(Ord. No. 1121, § 5, 8-17-10)

This section provides the standards for the implementation of on-site subdivision signs. The purpose of these standards is to avoid adverse impacts to existing residential neighborhoods, to direct the public to new residential developments, and to help reduce the aesthetic impacts on the streetscape.

A. On-Site Signs and Flags. New residential developments that offer ten or more units for sale, rent or lease may erect temporary on-site advertising signs subject to the following:

1. Size.

a. One sign per residential development may be located within the boundaries of the development. Such signs shall not exceed one hundred square feet in area and with a total height of twenty feet above grade;

b. Additionally, up to ten flags (which direct the public to the location of the model home complex or outline the primary entrance to the development) may be allowed, such flags shall not exceed fifteen square feet in area and with a total height of twenty feet above grade;

c. One sign per model home complex (if one is proposed) for the primary identification of the model home complex. Such sign shall not exceed thirty-two square feet in area with a total height of eight feet above grade.

2. Approval required. Signs and flags are subject to approval of a temporary sign permit by the director or designee. The permit shall be valid for one year. Extensions may be granted by the director upon request of the applicant.

3. Bond required. Such signs and flags are subject to a five hundred dollar cash bond or deposit as determined by director in order to guarantee prompt removal upon expiration of the approval period, not to exceed thirty days.

4. Removal of signs. The bond/deposit shall be forfeited if signs and/or flags are not removed within the expiration date.

(Ord. No. 1121, § 5, 8-17-10)

Temporary advertising for new developments other than residential projects shall be permitted subject to the following:

A. One freestanding sign per development may be erected. Such signs shall not exceed thirty-two square feet in area, nor ten feet in height.

B. One wall sign per building may be displayed. Such signs shall not exceed one square foot per lineal foot of building frontage, provided however, that no sign shall exceed fifty square feet.

C. Signs shall not be displayed for more than one year.

(Ord. No. 1121, § 5, 8-17-10)

Temporary signs such as pennants, banners, spinners, flags, nonmetallic inflatable devices "balloons", and portable signs shall be permitted for promotional purposes only subject to the following regulations:

A. All temporary signs shall require a permit and shall be subject to the review and approval of the planning division.

B. Pennants, banners, spinners, flags, nonmetallic inflatable (small or large) devices "balloons", and portable signs including air operated signs shall be displayed only at the location where the promotion occurs.

C. The maximum number of temporary signs permitted per occurrence period shall be two sign types.

D. The display of temporary signs for promotional purposes shall be subject to the following additional regulations:

1. Pennants and flags (defined as small strips of cloth or plastic fabric triangularly or rectangular shaped and a rectangular piece of fabric on poles used as advertising devices):

a. Pennants and/or flags on strings and flags on poles shall be allowed for a maximum of thirty consecutive days per occurrence period, six times per calendar year. No more than two occurrence periods shall be combined at any one time. Each occurrence period shall be separated by at least fourteen consecutive days if not combined;

b. Flags on poles shall be limited to ten flags per occurrence period. Each flag shall not exceed fifteen square feet in area;

c. The height of pennants and/or flags on strings and flags on poles shall not exceed twenty feet above grade;

d. Pennants and/or flags shall be kept in good condition at all times.

2. Banners (defined as large strips of cloth or plastic fabric used as an advertising device):

a. Banners shall be allowed a maximum of thirty consecutive days per occurrence period, four times per calendar year. Each occurrence period shall be separated by at least thirty consecutive days;

b. Only one banner shall be permitted per building and/or tenant space;

c. Banner sign area shall not exceed sixty square feet;

d. Banners shall be attached to the building or canopy parallel to the building face. No portion of any banner shall project more than six inches from the face of the building or canopy to which it is attached;

e. Banner shall be kept in good condition at all times.

3. Small inflatable nonmetallic devices "balloons":

a. Balloons twelve inches or less in diameter may be allowed without a temporary sign permit;

b. The height of the balloons shall not exceed forty-five feet above grade.

4. Large inflatable nonmetallic devices "balloons":

a. Balloons greater than twelve inches in diameter such as inflatable statuary or a hot air balloon may be may be allowed with a temporary permit a maximum of thirty consecutive days per occurrence period, four times per calendar year. Each occurrence period shall be separated by thirty consecutive days and must be included as part of a permitted promotional period;

b. The height of the balloons shall not exceed the distance from the proposed location to the nearest property line;

c. Balloon shall be allowed only on private property;

d. Balloon shall be placed so as not to impede pedestrian and vehicular traffic;

e. Balloon shall be properly secured to the ground or a structure to withstand extreme wind conditions;

f. Balloon shall be kept in good condition at all times;

g. Only one balloon shall be permitted per building or tenant space.

E. Movable signs defined as sandwich boards, made of wood, plastic, or metal that may contain commercial information may be allowed with a sign permit reviewed and approved by the planning division on a yearly basis subject to the following additional regulations:

1. Only one movable sign shall be permitted per tenant space;

2. Sign shall not be allowed within the public right-of-way (i.e., public side walk, etc.);

3. Sign area shall not exceed thirty inches wide and forty-two inches high and have no more than two faces;

4. Sign must be placed so as not to impede pedestrian and vehicular traffic;

5. Sign must be placed so as not to impede line-of-sight for vehicular traffic;

6. Sign shall be allowed only on private property;

7. Sign shall be displayed only during operating business hours. Sign shall be kept in good condition at all times.

F. Temporary window signs may be allowed without a temporary sign permit subject to the following regulations:

1. They shall be permitted only inside a window of the business to which such sign pertains;

2. Sign area shall not exceed twenty-five percent of the window pane area;

3. Total area occupied by said sign shall not screen the view of the inside of said tenant space;

4. Signs shall be displayed in a neat and orderly manner and shall not contain any words, symbols or pictures that may be offensive to the general public;

5. Holiday window decorations shall be permitted. The duration for the decoration of the window shall be limited to a period not exceeding six weeks prior to the holiday and two weeks following the holiday.

(Ord. No. 1121, § 5, 8-17-10)

The following regulations shall apply to all signs and outdoor advertising structures in residential zones, except as provided in Section 17.01.1108, Exemptions:

A. All signs shall require a permit and shall be subject to the review and approval of the planning division.

B. For other than single-family detached residential, developments on lots less than one hundred feet in width may be permitted one wall sign containing a maximum sign area of ten square feet.

C. Large scale developments having more than six units and a lot width greater than one hundred feet may be permitted one sign per street frontage containing no more than one square foot per each ten feet of linear lot frontage and shall not exceed thirty-two square feet of sign area. Such signs may be freestanding or wall signs.

D. All signs shall harmonize with the scale and design of the development and if lighted shall be indirectly lighted.

E. Freestanding signs shall have an overall maximum height of six feet above grade. Such sign shall not extend out from the furthest projection of the main building more than five feet on any side of front yard.

F. A wall sign shall be fastened parallel to the surface of the main building and may be placed at a height not greater than two-thirds of the height of the building surface upon which it is located.

(Ord. No. 1121, § 5, 8-17-10)

The following regulations shall apply to all signs and outdoor advertising structures in the CO, CN, and CH zones:

A. All signs shall require a permit and shall be subject to the review and approval of the planning division.

B. No sign shall be permitted that does not pertain directly to an approved business conducted on the premises, except as provided in Section 17.01.1108, Exemptions.

C. All signs, except those provided for in Section 17.01.1117, Temporary advertising devices, shall be permanent in nature and shall be consistent with and reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials, styles and colors.

D. Wall sign ratio 1:1. The total sign area permitted per building frontage shall not exceed one square foot per lineal foot of building frontage on which the sign is located subject to the following:

1. Building frontage may not be combined to permit a larger sign on any one building frontage;

2. Signs shall be attached to the building or canopy, parallel to the building face. No portion of any sign or its supporting structure, may project more than six inches from the face of the building or structure to which it is attached.

E. Sign program requirement. Businesses in an integrated development shall be required to submit for review and approval a uniform sign program approved by the director. The purpose of the sign program is to develop a cohesive and consistent design theme for all proposed sign types taking into consideration the layout of the proposed development and identifying unique advertizing needs for the end users. All signs within an integrated development shall comply with the established sign program regulations and are subject to Section 17.01.1105, Permit Required.

F. Freestanding signs. In addition to the above, businesses in a separate or independent building and occupying at least one hundred feet of frontage on one street may be permitted one freestanding sign subject to the following:

1. Sign area per street frontage shall not exceed twenty square feet per one hundred lineal feet of the street frontage on which the sign is located; provided, however, that no one sign shall exceed sixty square feet in area;

2. Maximum height of freestanding signs shall not exceed eight feet above the public sidewalk elevation;

3. Signs shall reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials, styles and colors. Simple pole signs are discouraged because these do not incorporate features associated to buildings;

4. No portion of any sign or supporting structure shall be located closer than five feet to any property line, nor be located in such a manner as to constitute a hazard to pedestrian or impede appropriate line-of-sight for vehicular traffic;

5. No sign is permitted for frontages on local residential streets;

6. All freestanding signs shall include the address of the business in numerals and/or letters at least six inches high. Addresses shall not be obscured by landscaping or other obstructions;

7. All freestanding signs shall be located in a planter area not less than fifty square feet in area and with a minimum width of five feet.

G. Center ID Signs. In addition to the above, one center identification sign per street frontage is permitted for integrated developments of five or more separate units subject to the following:

1. The sign shall not exceed thirty square feet per one hundred lineal of street frontage on which the sign is located, provided, however, that the maximum sign area shall not exceed three hundred twenty square feet per sign;

2. No sign shall exceed the height of the building with which it is associated or the structure height limits of the zone;

3. Signs shall reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials, styles and colors;

4. No portion of any sign or supporting structure shall be located closer than five feet to any property line, nor be located in such a manner as to constitute a hazard to pedestrian or impede appropriate line-of-sight for vehicular traffic;

5. No sign is permitted for frontages on local residential streets;

6. All freestanding signs shall include the address of the center in numerals and/or letters at least six inches high. Addresses shall not be obscured by landscaping or other obstructions;

7. All freestanding signs shall be located in a planter area not less than one hundred square feet in area with a minimum width of five feet;

8. All freestanding center identification signs shall be subject to the review and approval of the Director or designee subject to the provisions of Article VII, Development Review Procedure, Section 17.01.710, Purpose.

H. Reserved.

I. Small suspended or projecting signs may be permitted in addition to provisions of Subsections (D), (F), (G), and (H), subject to the following:

1. A maximum of one such sign per building frontage is permitted provided that it is perpendicular to the main face of the building and suspended from a canopy or projects not more than three feet from the building face;

2. Signs shall not exceed two square feet in area and shall have a minimum ground clearance of eight feet;

3. All such signs shall be nonenergized and nonelectrical.

J. Freeway identification signs. Signs oriented to freeway traffic shall be permitted subject to the following limitations:

1. Signs Permitted Within Six Hundred Sixty Feet from the Edge of the Right-of-Way of an Interstate Or Primary Highway (Types). No signs or advertising displays shall be placed or maintained within six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway, except as follows:

a. Signs or advertising displays that are not freeway-oriented, and that conform in all other respects to the provisions of this chapter setting out types of signs permitted, may be permitted as freestanding signs (pole or monument) and wall or building face signs only;

b. All freeway-oriented signs shall be approved in accordance with Section 17.01.1119(J)(2) of this chapter;

c. Signs erected by local government to direct traffic to roadside or community business areas. Pole or freestanding signs may be utilized for this use; and

d. Signs required by law, including legal notices or advertisements prescribed by law or posted by any lawful officer or agent, are allowed without permit, so long as they conform to the law requiring their posting or display.

e. Properties containing such signs shall be adjacent to a freeway or a freeway ramp.

2. Signs Permitted Within Six Hundred Sixty Feet from the Edge of the Right-of-Way of an Interstate or Primary Highway. All freeway-oriented signs within six hundred sixty feet of a freeway right-of-way shall be processed in accordance with this section. A sign application shall be submitted and the required fees paid. Some freeway-oriented signs may be approved by the director and others may be approved by the planning commission, as described in the following sections:

a. The director may approve subject to the provisions of Article VII, Development Review Procedure, Section 17.01.710, Purpose, freeway-oriented freestanding and building face or wall signs as follows:

i. If the commercial development, as defined in Section 17.01.1104 of this chapter, is less than two acres in size, a freestanding sign may be permitted up to a maximum height of thirty-five feet;

ii. If the commercial development is two acres or more in size, a freestanding sign may be permitted up to a maximum height of forty-five feet;

iii. Regardless of the permitted height, total sign area shall not exceed thirty square feet per one hundred lineal feet of freeway frontage, provided, however, that the maximum sign area shall not exceed one hundred fifty square feet;

iv. Said sign shall be located in a planter area not less than fifty square feet with one dimension being at least five feet;

v. In no case may the total number of freestanding signs, or monument, freeway-oriented or not, exceed the total number of street and freeway frontages; and

vi. Freeway-oriented building face or wall signs shall be limited to a maximum sign area of one and one-half square feet for each lineal foot of building face or wall directed toward the freeway of the building floor area occupied by the applicant.

b. The planning commission may approve freeway-oriented freestanding signs as follows:

i. If the commercial development is two acres or more in size, a freestanding sign greater than forty-five feet in height may be granted by conditional use permit if it can be shown that a greater height is necessary in order to gain adequate identification. Such showing shall include a comparison (line-of-sight analysis) of the elevation of the site and the elevation of the adjacent freeway including off-ramps and accessory freeway features;

ii. Regardless of the permitted height, total sign area shall not exceed forty square feet per one hundred lineal feet of freeway frontage; provided, however, that the maximum sign area shall not exceed three hundred twenty square feet per sign;

iii. In no case shall the total number of freestanding signs, or monument, freeway-oriented or not, exceed the total number of street and freeway frontages.

K. Temporary window signs, including signs painted on windows shall be permitted subject to the regulations for temporary window signs set out in Section 17.01.1117(F)(1) through (5).

L. Signs for gasoline dispensing establishments shall comply with the provisions of Section 17.01.1122.

(Ord. No. 1121, § 5, 8-17-10)

All signs within the boundaries of the Calexico Downtown Design and Implementation Program - Study Area shall comply with regulations pursuant to Section 3.4, Signage Standards, of said program.

(Ord. No. 1121, § 5, 8-17-10)

The following regulations shall apply to all signs and outdoor advertising structures in the "I" and "IR" Zones:

A. All signs shall require a permit and shall be subject to the review and approval of the planning division.

B. No sign shall be permitted that does not pertain directly to an approved business conducted on the premises.

C. All signs, except those provided for in Section 17.01.1117, Temporary advertising devices, shall be permanent in nature and shall be consistent with and reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials.

D. Wall sign ratio 1:1. The total sign area permitted per building frontage shall not exceed one square foot per linear building frontage on which the sign is located subject to the following:

1. Maximum size of any sign shall be one hundred square feet;

2. Building frontages may not be combined to permit a larger sign on any one building frontage;

3. Signs shall be attached to the building or canopy, parallel to the building face. No portion of any sign or its supporting structure may project more than six inches from the face of the building or structure to which it is attached.

E. Sign program requirement. Businesses in an integrated development as defined in this chapter, shall be required to submit for review and approval a uniform sign program approved by the director. The purpose of the sign program is to develop a cohesive and consistent design theme for all proposed sign types taking into consideration the layout of the proposed development and identifying unique advertizing needs for the end users. All signs within an integrated development shall comply with the established sign program regulations and subject to Section 17.01.1105, Permit required.

F. Freestanding signs. In addition to the above, businesses in a separate building and occupying the entire building area on a parcel with a street frontage of at least one hundred feet on one street may be permitted a freestanding monument sign subject to the following:

1. Sign area per street frontage shall not exceed twenty square feet per one hundred lineal feet of the street frontage on which the sign is located, provided, however, that no one sign shall exceed sixty square feet;

2. Maximum height of the sign shall not exceed six feet in height;

3. No portion of any sign or supporting structure shall be located closer than five feet to any property line, not be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic;

4. No sign is permitted for frontages on local residential streets;

5. All freestanding signs shall include the address of the business in numerals and/or letters at least six inches high. Addresses shall not be obstructed by landscaping or other obstructions;

6. All freestanding signs shall be located in a planter area not less than fifty square feet in area and with a minimum width of five feet.

G. In addition to the above, one center identification sign per street frontage is permitted for integrated developments of five or more separate units subject to the same regulations stipulated in Section 17.01.1119(G).

H. Freeway identification signs. Shall comply with the provisions of Section 17.01.1119(J) of this chapter.

I. Signs for gasoline dispensing establishments shall comply with the provisions of Section 17.01.1122.

(Ord. No. 1121, § 5, 8-17-10)

The following regulations shall apply to all signs and advertising structures for service stations, including mini-markets or similar associated uses:

A. One freestanding sign per street frontage may be permitted subject to the following:

1. Sign area shall not exceed twenty square feet per one hundred lineal feet of street frontage, plus twenty-four square feet. Price signing shall be included within this sign area;

2. Maximum height of the sign shall not exceed six feet above the adjacent public sidewalk;

3. Signs shall reflect the architectural design of the building with which they are associated and shall incorporate unifying features such as materials;

4. Street frontages may not be combined to permit a larger sign on any frontage;

5. All freestanding signs shall include the address of the business in numerals and/or letters at least six inches high. Addresses shall not be obstructed by landscaping or other obstructions;

6. All freestanding signs shall be located in a planter area not less than fifty square feet in area and with a minimum of five feet.

B. The total sign area of all wall signs per building frontage shall not exceed one square foot per lineal foot of building frontage on which the sign is located.

C. Signs above pump and pump islands shall be limited to directions for use of pumps and payments, or other signs required by state regulations, and sign area shall not exceed a total of ten square feet per pump island.

D. Temporary window signs, including signs painted on windows shall be permitted subject to the regulations for temporary window signs set out in Section 17.01.1117(F)(1) through (5).

E. Temporary advertising signs may be permitted subject to the provisions of Section 17.01.1116, Temporary advertising devices.

(Ord. No. 1121, § 5, 8-17-10)

Except as provided in Section 17.01.1108, Exceptions, all signs in open space and recreational areas shall be subject to review and approval of the planning commission, which shall consider the special circumstances of these zones, including special hazards and overlay zones which may be associated with them. Generally, the regulations set forth in Section 17.01.1119, Signs in commercial zones, shall be used as guidelines for signs in these districts.

(Ord. No. 1121, § 5, 8-17-10)

A. An illegal or abandoned sign shall mean any of the following:

1. Any sign described in Section 17.01.1109(A)(1);

2. A sign that is otherwise a danger to the public or is unsafe;

3. A sign that is a traffic hazard;

4. Any sign listed under Section 17.01.1112.

B. Illegal and abandoned signs located within the city and existing as of the date of the adoption of this ordinance shall be inventoried and identified for potential abatement as provided by Section 5491.1 of the California Business and Professions Code. This inventory and identification must commence within one hundred twenty days from the date of adoption of the ordinance.

C. Any applicable amortization schedule for the ordinance shall not expire until at least six months after the date on which the city confirms the continuing need for the ordinance to take effect.

D. Upon the completion of the required identification and inventory, the city shall, at a public hearing, consider whether there is a need for the ordinance to take effect.

E. The city may impose reasonable fees upon all owners or lessees of the illegal signs for the purpose of covering its actual cost of inventorying and identifying illegal and abandoned signs. The actual cost shall be fixed upon a determination of the total estimated reasonable costs. The amount of that cost and the fee to be charged is exclusively within the discretion of the city and shall be set forth by resolution.

F. Illegal or abandoned signs located within the city are to be declared by the city council, by resolution, as public nuisances and to be abated in accordance with this Code.

G. The notice shall be substantially in the following form:

NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY

Notice is hereby given that on the ___ day of ________, 20___, the City Council of the City of Calexico adopted Resolution Number ___ declaring that an illegal advertising display is located upon or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal display. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further [p]articulars. A copy of this resolution is on file in the office of the City Clerk.

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

Dated this ___ day of ________, 20___.

Title

City of Calexico

(Ord. No. 1121, § 5, 8-17-10)