Chapter 21.41 — SIGN ORDINANCE

Note: Prior ordinance history: Ord. Nos. NS-606, CS-038, CS-164, and CS-178.

• A. The purposes of the sign ordinance codified in this chapter include to:

  1. Implement the city's community design and safety standards as set forth in the general plan;

  2. Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs;

3. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics;

4. Eliminate the traffic safety hazards to pedestrians and motorists posed by off-site signs bearing commercial messages;

5. Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public;

6. Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages;

7. Allow the expression of political, religious and other noncommercial speech at all times and allow for an increase in the quantity of such speech in the period preceding elections;

8. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic (i.e., traffic directional signs) without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion and safety hazards;

9. Minimize the possible adverse effects of signs on nearby city and private property;

10. Serve the city's interests in maintaining and enhancing its visual appeal for tourists and other visitors, by preventing the degradation of visual quality which can result from excess signage;

11. Protect the investments in property and lifestyle quality made by persons who choose to live, work or do business in the city;

12. Defend the peace and tranquility of residential zones and neighborhoods by generally forbidding commercial signs on private residences, while allowing residents the opportunity, within reasonable limits, to express political, religious and other noncommercial messages from their homes; and

13. Enable the fair, consistent and efficient enforcement of the sign regulations of the city. (Ord. CS-226 § I, 2013)

• A. The provisions of this chapter shall apply generally to all zones established by this title.

• B. Properties and uses in the Village-Barrio (V-B) zone are regulated first by the sign standards of the Village and Barrio master plan, and then, to the extent not covered by said master plan, by the provisions of this chapter.

• C. Signs on city property, both within the V-B zone and other zones, are controlled by other provisions of the Carlsbad Municipal Code, not by this chapter.

• D. In those areas of the city where master plan or specific plan sign standards or sign programs are adopted by ordinance as special zoning regulations, those sign standards or sign programs shall apply; however, the "message substitution" provisions of this chapter, Section 21.41.025(A)(2), shall apply to such programs and plans.

• E. All other sign programs that were approved prior to the effective date of this chapter, but not by ordinance, are subject only to the "message substitution" provisions of this chapter (Section

21.41.025(A)(2)).

• F. Except as noted in the preceding paragraph, a sign, as defined in this chapter, may be affixed, erected, constructed, placed, established, mounted, created or maintained only in conformance with the standards, procedures and other requirements of this chapter. The standards regarding number and size of signs regulated by this chapter are maximum standards, unless otherwise stated.

(Ord. CS-226 § I, 2013; Ord. CS-334 § 7, 2018)

• A. Whenever the following terms are used in this chapter, they shall have the meaning established by this section:

"Abandoned sign" means any sign that meets any of the following criteria:

• a. Sign is located on property that becomes vacant or unoccupied for a period of at least ninety days,

• b. Sign which pertains to any occupant or business unrelated to the premises' present occupant or business, or

• c. Sign which pertains to a time, event or purpose which no longer applies.

"Abate" means to put an end to and physically remove. Discontinuance of a sign without removal of the entire sign structure shall not constitute abatement.

"Advertising for hire." See "General advertising."

"Address sign" means the identification of the location of a building or use on a street by a number(s).

"A-frame sign" means a freestanding sign designed to be easily movable and to rest on the ground without being affixed to any object or structure. Such signs are commonly in the shape of the letter "A," but may also be in the shape of an inverted letter "T" or a letter "H," functionally similar signs are also within this definition.

"Animated sign" means any sign with action or motion or color changes, whether or not requiring electrical energy or set in motion by wind. This definition excludes flags and does not apply to electronic message boards or digital displays.

"Attraction board" means a sign capable of supporting copy which is readily changeable, such as theater marquee, and which refers to products, services or coming events on the premises.

"Average grade" means the average level of the finished surface of the ground directly beneath a monument or pole sign.

"Awning sign" means a sign that is a part of, or attached to, an awning, canopy or other fabric, metal, plastic or structural protective cover over a door, entrance, window, architectural feature or outdoor service area. A marquee is not an awning or canopy.

"Balloon" means a small inflatable device used for purposes of commercial signage, advertising or attention getting. See also "inflatable signs."

"Banner" means any sign made of cloth, lightweight fabric, bunting, plastic, vinyl, paper or similar material that is permanently or temporarily placed on, or affixed to, real property in a

location where it is visible to the public from outside of the building or structure. A flag, as defined, shall not be considered a banner.

"Beacon" means a stationary or revolving light (including laser lights, klieg lights, spot lights, search lights, projected image signs and similar devices) with one or more beams projected into the atmosphere or directed at one or more points away from the light source and used for purposes other than police, fire, public safety or news gathering operations.

"Bench sign" means a sign painted on or affixed to any portion of a bench or seating area at bus stops or other such pedestrian areas.

"Billboard" means a permanent structure sign in a fixed location which meets any one or more of the following criteria:

• a. The sign is used for the display of off-site commercial messages;

• b. The sign is used for general advertising for hire;

• c. The sign is not an accessory or auxiliary use serving a principal use on the same parcel, but rather is a separate or second principal use of the parcel;

• d. The sign is a profit center on its own, and in the case of multiple principal uses on the same parcel, the sign is distinct from the main operations of the principal use on the parcel;

• e. The sign is a non-accessory use.

"Building elevation" means the front, rear or side of the external face of a building.

"Building frontage" means the total width of the elevation of a building which fronts on a public or private street or the building elevation along which the main entrance exists. For the purposes of calculating permitted sign area, every building has only one building frontage. If more than one business is located in a single building, then such area shall be limited to that portion which is occupied by each individual business or establishment.

"Building marker" means a sign cut into a masonry surface or made of bronze or similar material permanently affixed to a public building or building of designated historic significance.

"Bus stop signs" means a sign mounted on a shelter which serves as a bus stop or passenger waiting area for public transportation; this definition does not include devices giving the schedule and/or prices for the transportation service.

"Canopy sign." See "awning sign."

"Changeable copy sign" means a sign or portion thereof with characters, letters or illustrations that can be physically or mechanically changed or rearranged without altering the face or the surface of the sign. This does not include a digital display.

"Channel lettered sign" means a sign with individually cut, three dimensional letters or figures affixed to a building or sign structure.

"City property" means all land located within the corporate limits of the city to which the city holds the present right of possession and control, or is part of the public right-of-way located within the city. The definition also includes facilities and properties owned or operated by the city.

"Commercial center" means a commercial development that includes predominantly retail businesses with access driveways or parking spaces shared by one or more of the businesses.

"Commercial mascot" means a live person or animal attired or decorated with commercial insignia, images or symbols, and/or holding signs displaying commercial messages. Includes sign twirlers and sign clowns, but does not include hand-held signs displaying noncommercial messages.

"Commercial signage" or "commercial message" means any sign or sign copy with wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity or which proposes a commercial transaction or relates primarily to commercial or economic interests.

"Construction sign" means a temporary sign displayed on real property on which construction of new improvements is occurring during the time period which begins with the issuance of the first necessary permit for the construction and ends with the latest of any of the following, or their functional equivalents: notice of completion or certificate of occupancy.

"Cornerstone" means stone or other wall portion laid at or near the foundation of a building and which indicates in permanent markings the year of construction. Also called "foundation stone."

"Digital display" means a physical method of image presentation using LCD (liquid crystal display), LED (light emitting diode), plasma displays, projected images, or other functionally equivalent display technologies. Signs using such display methods are called by various names, including, CEVMS (commercial electronic variable message signs or changeable electronic variable message signs), electronic message boards, electronic reader boards, dynamic signs, digital signs, electronic signs, message centers and similar terms.

"Directional sign" means an on-site sign designed to guide or direct pedestrian or vehicular traffic to uses on the same site.

"Directory sign" means a sign listing the persons, activities or tenants located on-site.

"Eaveline" means the bottom of the roof eave or parapet.

"Establishment" means any organization or activity which uses land for purposes other than residential use. It includes all business and commercial uses, as well as institutional, public, semipublic and other noncommercial uses but does not include private residential uses; however hotels, motels, inns, bed and breakfast places, etc. are within this definition. Automated facilities, which have live persons in attendance only during limited or maintenance hours (i.e., power transformer stations, broadcasting towers, water tanks, weather data collection stations, vending machines, etc.) are not within this definition.

"Externally illuminated" means illuminated by a light source that is located externally to the sign surface. This method of lighting may include, but is not limited to, spotlighting or backlighting.

"Façade sign" means a sign fastened to the exterior walls of a building exposed to public view. See also "wall sign."

"Fascia sign" means a sign fastened to or engraved in the band or board at the edge of a roof overhang.

"Flag" means a device, generally made of flexible materials such as cloth, fabric, paper or plastic, usually used as a symbol of a government, political subdivision, public agency, company logo, belief system or concept.

"Freestanding commercial building" means a building occupied by a single user retail business, or a noncommercial use located in a zoning district where commercial activities are allowed, that has direct vehicular access to an adjacent street.

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

"Freeway service station" means a gas/service station located on a property that is contiguous to a freeway interchange.

"General advertising" means the enterprise of offering sign display space for a fee or other consideration to a variety of advertisers, commercial or noncommercial.

"Hand held" means those signs or visual communication devices which are held by or otherwise mounted on human beings or animals.

"Inflatable signs" or "inflatable attention-getting devices" means any device filled with air or gas, that is, attached or tethered to the ground, site, merchandise, building or roof and used for the purposes of commercial signage, advertising or attention getting. Commercial advertising blimps, when tethered, are within this definition.

"Internally illuminated" means the illumination 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.

"Logo" means a trademark or symbol of an organization, belief system or concept.

"Marker board" means a board designed for displaying images made by chalk, markers or similar devices; includes devices commonly known as blackboards, whiteboards and chalkboards. Also includes devices sold under commercial names such as Promethean Boards, Activeboards, and functionally similar devices.

"Marquee" means a permanent canopy structure attached to and supported by a building and projecting near or over private sidewalks or public rights-of-way, generally located near the entrance to a hotel, theater or entertainment use, and used as a display surface for a sign message.

"Master plan" means a plan prepared and adopted pursuant to Chapter 21.38 of this code.

"Mobile billboard" means a vehicle for which the primary use is the display of general advertising message(s).

"Monument sign" means a freestanding sign, which is supported by a base that rests upon the ground and of which the display or copy is an integral part of the design. A monument sign does not include poles or pylons. Contrast; pole sign.

"Multi-face sign" means a sign displaying information on at least two surfaces, each having a different orientation, or on a curved surface so that the copy or image is different when viewed from different angles.

"Multi-tenant building" means a nonresidential building in which there exists two or more separate nonresidential tenant spaces, businesses or establishments.

"Neon sign" means a sign that utilizes neon or other fluorescing, inert or rarified gases within translucent tubing in or on any part of the sign structure.

"Noncommercial message" means any image on a sign which conveys or expresses commentary on topics of public concern and debate, including, by way of example and not limitation, social, political, educational, religious, scientific, artistic, philosophical and charitable subjects. This definition also includes signs regarding fund raising or membership drive activities for noncommercial or nonprofit concerns.

message"** means any image on a sign which conveys or expresses commentary on topics of public concern and debate, including, by way of example and not limitation, social, political, educational, religious, scientific, artistic, philosophical and charitable subjects. This definition also includes signs regarding fund raising or membership drive activities for noncommercial or nonprofit concerns.

"Nonconforming sign" means any sign which was legally established in conformance with all applicable laws in effect at the time of original installation but which does not conform to the requirements of this chapter or other later enactments.

"On-site sign" means a sign displaying a commercial message which relates or pertains to the business conducted, services available or rendered or goods available for sale, rent or use, upon the same premises where the sign is located. On-site can mean more than the exact same parcel or premises, upon which the sign is located if that site is part of a larger commercial center, as to any store, business, or establishment that is within the commercial center. A sign program may define "on-site" in a manner which applies only to that program. The on-site/offsite distinction applies only to commercial messages.

"Off-site sign" means any sign that gives directions to or identifies a commercial use, product or activity not located or available on the same premises as the sign. The on-site/off-site distinction applies only to commercial messages. There is no location criterion for noncommercial messages.

"Pennant" means an individual or a series of lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, designed to move in the wind.

"Permanent sign" means any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall or building. The message display of a sign may be changed without affecting its character as a permanent sign.

"Person" means any natural person, marital estate, sole proprietorship, partnership, limited partnership, corporation (of any type or form, regardless of where incorporated), trust, association, limited liability company, unincorporated association or any other juridical person capable of legally owning, occupying or using land.

"Pole sign" means a freestanding sign that is greater than six feet in height and is supported by one or more vertical supports. The definition applies even if the support poles or pylons are covered with cladding or skirting.

"Portable sign" means a sign made of any material which, by its design, is readily movable including, but not limited to, signs on wheels, casters and rollers, "A-frame" signs and signs attached to vehicles or trailers or water vessels.

"Premises" means the place where a business or other establishment is located. If there is only one business or establishment on the legal parcel, then the entire parcel is the premises. If there is more than one business or other establishment on a single parcel, then the premises is the portion of the parcel actually occupied or exclusively used by the business or other establishment, except that signs relating to the owner or manager of the entire parcel may be considered on-site when placed anywhere on the parcel.

"Prohibited sign" means any sign that is specifically not permitted by this chapter or was erected without complying with the regulations of this chapter in effect at the time of construction, display or use.

"Projecting sign" means a sign which projects more than ten inches from a wall or other vertical surface, generally at about ninety degrees.

"Property owner" means the owner of the property on which the sign is displayed or proposed to be displayed. When the property is land, "owner" includes the legal owner according to the

official land records of the San Diego County Recorder, all beneficial owners thereof and all persons presently holding a legal right to possession of the subject property.

"Regional commercial center" means a commercial development located upon a property with a regional commercial general plan land use designation and having the following characteristics: project site area between thirty and one hundred acres; gross lease area between three hundred thousand and one million five hundred thousand square feet; major tenants may include full-line department stores (two or more), factory outlet centers, power centers of several high volume specialty stores, warehouse club stores or automobile dealerships; secondary tenants may include a full range of specialty retail, restaurants and entertainment. A center is still within this definition even if it includes one or more noncommercial uses.

"Right-of-way" means an area or strip of land, either public or private, on which an irrevocable right-of-passage has been recorded for the use of vehicles or pedestrians or both.

"Roof sign" means a sign erected and constructed wholly or in part upon, against or above the roof of a building. For purposes of this chapter, any portion of a building above or behind the fascia or parapet of a building shall be considered part of the roof.

"Shopping complex" means the same as "commercial center."

"Sign" means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol, image or writing to advertise, announce the purpose of, identify a person, product, service or entity or to communicate information of any kind to the public. However, the following are not within the definition of "sign" for the regulatory purposes of this chapter:

• a. Any public or legal notice required by a court or public agency;

• b. Decorative or architectural features of buildings (not including letters, trademarks or moving parts);

• c. Holiday decorations and lights, in season, clearly incidental to and associated with holidays or cultural observances and which are on display on a given parcel for not more than forty-five calendar days in a calendar year;

• d. Building markers, as defined herein;

• e. Cornerstones, as defined herein;

• f. Symbols or insignia which are an integral part of a doormat or welcome mat, or embedded directly into the sidewalk or entrance surface, so long as such device is otherwise legal and is located entirely on private property and on the ground or sidewalk;

• g. Items or devices of personal apparel or decoration but not including hand held signs or commercial mascots;

• h. Marks on tangible goods, which identify the maker, seller, provider or product, as such are customarily used in the normal course of the trade or profession;

• i. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; by way of example and not limitation: stained glass windows, carved doors or friezes, church bells and decorative fountains;

• j. Property entry and security protection notices and signs warning of dangers or health and safety policies, such as, by way of example and not limited to, "Beware of Dog," "Danger High Voltage," "No Shirt No Service," etc., when such are not over one square

foot on residential uses or two square feet on other uses and firmly affixed to their mounting surface or device;

• k. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter;

• l. Devices which are located entirely within an enclosed structure and are not visible from the exterior thereof;

• m. Advertisements or banners mounted on or towed behind free-flying airborne vessels or craft, such as airplanes, dirigibles, untethered blimps and the like;

• n. Advertisements or banners mounted on trains or other mass transit vehicles which legally pass through the city;

• o. License plates, license plate frames, registration insignia and noncommercial messages on street legal vehicles and properly licensed watercraft and messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages on the vehicle or watercraft relating to the proposed sale, lease or exchange of the vehicle or vessel;

• p. Messages on golf carts, wheelchairs, personal scooters, human powered taxis, shopping carts or other small wheeled vehicles. Signs on any motorized device which may legally travel upon public roads or highways is not within this definition;

• q. Vending machines which do not display general advertising;

• r. Automated teller machines at banks and facilities for walk up and drive up service at banks, credit unions and similar establishments;

• s. Murals, paintings and similar pictorial displays that are painted directly onto a building and are not intended to draw attention to any use, product, service or event.

"Sign area" means the display or message area of the sign. The methods of computing sign area are detailed in Section 21.41.070.A.

"Sign height" means the height of the highest point on the sign structure above grade or ground beneath. The methods of calculating sign height are stated in Section 21.41.070.B.

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

"Sign program" means a plan that integrates signs for a project with buildings, circulation and landscaping to form a coordinated architectural statement.

"Site development plan" means a plan required pursuant to Chapter 21.06 of this code.

"Specific plan" means a plan prepared and adopted pursuant to Section 65451 of the California Government Code.

"Street frontage" means the distance along which a lot line adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street. Corner lots have at least two street frontages.

"Suspended sign" means a sign hung from the underside of a marquee, pedestrian arcade or covered walkway, usually at approximately ninety degrees to the building wall or storefront.

"Tall freestanding sign" means a monument or pole sign that is greater than fifteen feet in height.

"Temporary seasonal sales permit" means a permit to allow outdoor seasonal and holiday sales, including, but not limited to, Christmas trees, pumpkins and flowers, on private property.

"Temporary sign" means a sign, including paper, cardboard wood, plastic, synthetic, fabric or similar materials, which by virtue of its physical nature is not suitable for long term display or permanent mounting.

"Traffic directional sign" means a sign which indicates place, location or direction for the information of drivers or pedestrians.

"Unsafe sign" means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the physical structure of the sign or its mounting mechanism. A sign may not be considered "unsafe" within this definition by virtue of the message displayed thereon.

"Vehicle sign" means a sign mounted upon a vehicle which may legally be parked on or move on public roads, as well as a sign mounted upon a water vessel which may legally move upon the waters.

"Vessel sign" means a sign mounted upon a water vessel which may legally move upon the waters.

"Wall sign" means a sign attached to a wall surface that does not project or extend more than ten inches from the wall, which is confined within the limits of an outside wall and which displays only one display surface.

"Window sign" means any sign painted or affixed to the inside or outside of a window surface or otherwise located within a building so as to be visible from the exterior of the building. This definition does not include window displays of merchandise offered for sale.

(Ord. CS-226 § I, 2013; Ord. CS-261 § I, 2014)

• A. The provisions stated in this section apply to all signs within the regulatory scope of this chapter, and override more specific provisions to the contrary elsewhere in this chapter.

  1. Owner's Consent Required.

     • a. The consent of the property owner is required before any sign may be displayed on any real or personal property within the city;

     • b. In the case of city property, the owner's consent shall be pursuant to other provisions of the Carlsbad Municipal Code.

  2. Message Substitution.

     • a. Subject to the owner's consent, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed pursuant to this chapter.

     • b. Design criteria which may apply to commercial signs, such as color, lettering style or height, and compatibility with other signs on the same parcel or other signs subject to a sign program, do not apply to noncommercial message signs even when they are in an area subject to a sign program, master plan or specific plan.

     • c. Message substitution is a continuing right and may be exercised any number of times, in whole or in part.

  • d. No special or additional permit is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign is already permitted or exempt from the permit requirement and the sign structure satisfies all applicable laws, rules, regulations and policies.

  • e. When a noncommercial message is substituted for any other message, the sign is still subject to the same location and structure regulations, such as size, height, illumination, duration of display, building and electrical code requirements, as would apply if the sign were used to display a commercial message or some other noncommercial message.

  • f. This substitution provision shall prevail over any other provision to the contrary, whether more specific or not, in this chapter and applies retroactively to sign programs, master plans and specific plans which were adopted or approved before this chapter was enacted.

  • g. This provision does not:

    • i. Create a right to increase the total amount of signage on a parcel, lot or land use;

    • ii. Authorize the physical expansion of an existing sign;

    • iii. Affect the requirement that a sign structure or mounting device be properly permitted;

    • iv. Allow a change in the physical structure of a sign or its mounting device; or

    • v. Allow the substitution of an off-site commercial message in place of an on-site commercial message or a noncommercial message.

• h. In addition to the noncommercial message display allowable under this provision, on any legal parcel, any unutilized sign display area which is available as a matter of right (i.e., not including display area available under some discretionary approval process), may be used to display noncommercial messages; a permit for such signage is required only when the physical structure or mounting device is subject to a building permit under the building code and/or an electrical permit under the electric code.

3. Noncommercial Speech.

   • a. In addition to the sign display area available under the message substitution provision, signs displaying noncommercial messages only are allowable at all times and on all parcels, subject to the following regulations:

     • i. A sign permit is required only if the sign qualifies as a structure requiring a building permit or an electrical permit;

     • ii. On parcels where the principal use is residential, the allowable display area is eight square feet per residential unit at all times;

     • iii. On parcels where the principal use is anything other than residential, the allowable display area is eight square feet per nonresidential establishment at all times; and

     • iv. The allowable display space for noncommercial speech is increased by twenty-five percent during the time period which begins thirty days before a primary, general, or special election and ends within five days following the closing of the polls.

4. Legal Nature of Sign Rights and Duties.

   • a. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is mounted, affixed or displayed and run with the land.

     • b. The city may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or the person mounting the sign.

   5. Transfer of Signage Rights.

      • a. Rights and duties relating to permanent signs may not be transferred between different parcels of real property.

      • b. All duly issued and valid sign permits for permanent signs affixed to land shall automatically transfer with the right to possession of the real property on which the sign is located.

      • c. This provision does not affect the ownership of signs, and does not prevent a given sign from being moved from one location to another, so long as the sign is properly permitted in the new location.

   6. Compliance.

      • a. Responsibility for compliance with this chapter is joint and severable as to all persons erecting, mounting, displaying or modifying any sign, all persons in control and custody of the property on which a sign is displayed, and the persons who are legal owners of record of the property on which a sign is displayed.

   7. Discretionary Approvals.

• a. Whenever any sign permit, variance, CUP, sign program or special planning area approval, or other sign-related decision, is made by any exercise of official discretion, such discretion shall be exercised only as to the noncommunicative aspects of the sign, such as size, height, orientation, location, setback, illumination, spacing, scale and mass of the structure, etc.

  - b. Graphic design may be evaluated only for a sign program, and then only as applicable to commercial message signs. 
  

  8. Mixed Use Zones or Overlay Districts.

     • a. In any zone where both residential and nonresidential uses are allowed, the sign related rights and responsibilities applicable to any particular parcel or land use shall be determined as follows:

       • i. Residential uses shall be treated as if they were located in a zone where a use of that type would be allowed as a matter of right, and

       • ii. 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 permit.

• (Ord. CS-226 § I, 2013; Ord. CS-261 § I, 2014)

• A. The following signs, as defined in this chapter, are prohibited in all zones of the city, unless a more specific provision or city policy allows them at certain times and places:

  1. Abandoned signs, including their structures and supports;

  2. A-frame signs, as defined herein;

3. Animated signs including, but not limited to signs that move, blink, flash, change color, reflect, revolve or make noise;

4. Balloons or other inflatable signs or devices, as defined herein;

5. Beacons, as defined herein; 6. Billboards, as defined herein;

6. Bus stop bench/shelter signs, as defined herein;

7. Digital display signs;

8. Exposed neon lighted signs on any building elevation that faces and is within five hundred feet of any property line that adjoins residentially zoned property;

9. Commercial mascots and hand held or sandwich board signs carried by a person on city property or in the public right-of-way and displaying a commercial message;

10. Marker boards, as defined herein;

11. Mobile billboards or any other type of vehicle that is moving or parked on city streets whose primary purpose is displaying general advertising;

12. Off-site commercial signs excluding real estate for sale signs per Civil Code 713;

13. Portable signs with commercial messages; except for temporary signs as indicated in Sections 21.41.040 and 21.41.100 ;

14. Roof signs;

15. Signs attached to trees, plants, rocks, fences, utility poles/cabinets or other objects, the primary function of which is not to support a sign;

16. Signs physically blocking or impeding the free passage of persons through doors, firescapes or public rights-of-way;

17. Signs erected on or over city property including public easements and public rights-of-way, except those needed for traffic and public safety regulation and those erected pursuant to other provisions of the Carlsbad Municipal Code;

18. Signs simulating in color or design a traffic sign or signal or using words, symbols or characters in such a manner as to be reasonably likely to interfere with, mislead or confuse pedestrian or vehicular traffic;

19. Signs that do not conform with applicable Uniform Building Code as adopted by Carlsbad and National Electric Code as adopted by Carlsbad;

20. Temporary signs, including, but not limited to, banners (i.e.; feather banners) and pennants, except as provided for in Sections 21.41.040 and 21.41.100 ; and

21. Unsafe signs, as defined in this chapter. (Ord. CS-226 § I, 2013; Ord. CS-261 § II, 2014)

The signs listed in Table A do not require a sign permit, and their area and number shall not be included in the aggregate area or number of signs subject to a permit requirement, for any given property.

(click here to view the full table)

(Ord. CS-226 § I, 2013)

• A. Sign Permit Required.

  1. It shall be unlawful for any person to affix, place, erect, suspend, attach, construct, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign within the city without first obtaining a sign permit in accordance with the provisions of this section, unless the sign is exempt from the permit requirement under Section 21.41.040 .

  2. The regulations contained in this section apply to sign permits which are not associated with a sign program. Permit applications for sign programs are regulated by Section 21.41.060 .

  3. A sign permit shall not be required for cleaning or other normal maintenance of an existing sign, unless a structural or electrical change is made.

  4. No sign permit is required when a political, religious or other noncommercial message is substituted for another commercial message on a pre-existing sign or when a noncommercial message is substituted for a noncommercial message on a properly permitted sign.

  5. In the coastal zone, unless otherwise exempt under applicable policies of the city's certified LCP, any person proposing signage governed by this chapter shall also obtain a coastal development permit with the exception of a new wall sign or the change of copy of an existing wall sign both of which shall be exempt from this requirement.

• B. Application for Permit.

  1. The application for a sign permit shall be made in writing on the form provided by the City Planner and shall be accompanied by the required fee. Such application shall set forth and contain the following information:

     • a. A drawing to scale showing the design of the sign, including dimensions, sign size, colors (applies to commercial message signs only), materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates;

     • b. A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises;

     • c. The number, size, type and location of all existing signs on the same building, lot or premises; and

     • d. Any structural information and plans necessary to ensure compliance with the latest adopted building code and electrical code.

• C. Fees. All signs require a sign permit fee and plan checking fee (if applicable) that shall be paid in accordance with the schedule established by resolution of the City Council.

• D. Method of Review.

  1. The purpose of a sign permit is to ensure compliance with the provisions of this chapter and the relevant building and electrical codes.

2. After receiving a complete sign application, the City Planner shall render a decision to approve, approve with modifications or deny such sign application within fifteen days; however, an approval with modifications shall be limited to requiring compliance with this chapter.

   3. The application shall be approved and the permit issued whenever the proposed sign meets the following requirements:

      • a. The proposed sign conforms to all size, height and other standards for signs subject to a permit requirement as such requirements are set forth in this chapter;

      • b. The proposed sign is consistent with any applicable sign program; and

      • c. The sign conforms to the construction standards of the latest adopted building and electrical codes.

• E. Revocation or Cancellation of Permit.

  1. The City Planner shall revoke any issued permit upon refusal of the holder thereof to comply with the terms of the permit and/or the provisions of this chapter after written notice of noncompliance and fifteen days opportunity to cure.

  2. If the work authorized under a sign permit has not been completed within six months after the date of issuance, such permit shall become null and void.

• (Ord. CS-226 § I, 2013; Ord. CS-261 § III, 2014)

• A. Purpose. The purpose of a sign program is to integrate signs with a project's building, site and landscaping design to form a unified architectural statement.

• B. Applicability.

  1. A sign program shall be required for:

     • a. Master plans,

     • b. Specific plans,

     • c. Nonresidential projects requiring a site development plan processed pursuant to Chapter 21.06 of this code, and

     • d. Industrial or office developments of greater than ten acres in area.

  2. A sign program may be proposed for all other types of development projects or discretionary permits not listed in paragraph 1 of this subsection B .

  3. For those projects requiring or proposing a sign program, no sign permit shall be issued for an individual sign, unless, and until, a sign program for the project, lot or building on which the sign is proposed to be erected has been approved by the city in conformance with this chapter.

• C. Sign Programs and Sign Standards Modifications. Sign programs may establish standards for sign area, number, location, and/or dimension that vary from the standards of this chapter as follows:

  1. A sign program that complies with the standards of this chapter shall require the approval of a ministerial sign program application by the City Planner provided that all of the findings of fact listed in subsection G of this section can be made.

  2. A sign program proposal that exceeds the standards of this chapter by up to fifteen percent shall require the approval of a modified minor sign program discretionary application by the City Planner provided that all of the findings of fact listed in subsection H of this section can be made.

  3. A sign program proposal that exceeds the standards of this chapter by greater than fifteen percent up to thirty percent requires the approval of a modified sign program discretionary application by the Planning Commission provided that all of the findings of fact listed in subsection H of this section can be made.

  4. When calculating the permitted number of signs allowed by a sign program, if the calculation results in a fractional sign of one-half or greater, then the fraction may be rounded up to the next whole number. If the calculation results in a fractional sign of less than one-half, then the fraction shall be rounded down to the next whole number.

  5. When calculating the permitted number of signs allowed by a modified sign program, if the calculation results in a fractional sign, then the fractional sign may be rounded up to the

next whole number.

6. Sign program design standards shall not apply to noncommercial messages.

7. All sign programs must incorporate the provisions for substitution of noncommercial messages as specified in Section 21.41.025.A.2. Message substitution applies but may not override contrary provisions in leases.

8. In the absence of a master or specific plan, the sign program application may not be used to permit a sign type which is otherwise prohibited.

• D. Application and Fees.

1. An application for a sign program, modified minor sign program or modified sign program may be made by the owner of the property affected or the authorized agent of the owner.

   2. The application for a sign program, modified minor sign program or modified sign program shall be made in writing on the form provided by the City Planner.

   3. The application shall be accompanied by the required fee contained in the most recent fee schedule adopted by the City Council.

   4. The application shall state fully the circumstances and conditions relied upon as grounds for the application.

   5. The application shall contain the following information:

      • a. A copy of an approved development plan (master plan, specific plan, planned industrial permit, site development plan or other approved development project or discretionary permit) drawn to scale showing the location of property lines, rights-of-way, adjacent streets, sidewalks and on-site buildings, landscaped areas, off-street parking areas and vehicular access points;

      • b. A drawing to scale showing the design of each sign, including dimensions (height and width), sign size (area), colors, materials, method of attachment, source of illumination and location of each sign on any building, structure or property;

      • c. Computation of the total number of signs, sign area for individual signs, total sign area and height of signs for each existing and proposed sign type;

      • d. A materials board or sign sample that is an accurate representation of proposed colors, material and style of copy; and

      • e. The number, size, type and location of all existing signs on the same building, lot or premises.

• E. Notices and Hearings.

  1. Notice of an application for a modified minor sign program shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title.

  2. Notice of an application for a modified sign program shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title.

• F. Decision-Making Authority. Applications for a modified minor sign program or a modified sign program shall be acted upon in accordance with the following:

  1. Modified Minor Sign Program.

     • a. An application for a modified minor sign program may be approved, conditionally approved or denied by the City Planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence

presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title.

  - b. The City Planner may approve or conditionally approve the modified minor sign program if all of the findings of fact in subsection **H** of this section are found to exist. 

2. Modified Sign Program.

   • a. An application for a modified sign program may be approved, conditionally approved or denied by the Planning Commission or City Council, as specified in Section 21.54.040 of this title.

• b. The decision on the modified sign program shall be based on the decision-making authority's review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing.

  - c. The decision-making authority shall hear the matter, and may approve or conditionally approve the sign program if all of the findings of fact in subsection **H** of this section are found to exist. 
  

• G. Findings of Fact for Sign Programs that Comply with Standards of this Chapter. A proposed sign program will be approved only upon the following findings:

  1. All signs comply with the sign area, number, height, location and other sign standards as set forth in this chapter.

  2. The signs have been integrated with the project's building, site and landscaping design to form a unified architectural statement.

• H. Findings of Fact for Modified Minor Sign Programs or Modified Sign Programs that Vary from the Standards of this Chapter. A modified minor sign program or modified sign program that varies from the standards of this chapter shall be approved only upon the following findings:

  1. The standards established by the modified minor sign program or modified sign program do not exceed any applicable rules or limits in the general plan or local coastal program;

  2. The modified minor sign program or modified sign program is necessary to ensure that signs are proportionate to and compatible with the number, size, height, scale and/or orientation of project buildings;

  3. The modified minor sign program or modified sign program is necessary to ensure the visibility of the overall development to pedestrians and motorists; and

  4. The modified minor sign program or modified sign program is necessary to enhance the overall project design, and the aesthetics and/or directional function of all proposed signs.

• I. Announcement of Decision and Findings of Fact. When a decision on a modified minor sign program or modified sign program is made pursuant to this chapter, the decision-making body shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title.

• J. Effective Date and Appeals. Decisions on modified minor sign programs and modified sign programs shall become effective and may be appealed in accordance with the applicable provisions of Sections 21.54.140 and 21.54.150 of this title.

• K. Expiration, Extensions and Amendments.

  1. The expiration period for an approved modified minor sign program or modified sign program shall be as specified in Section 21.58.030 of this title.

  2. The expiration period for an approved modified minor sign program or modified sign program may be extended pursuant to Section 21.58.040 of this title.

  3. An approved modified minor sign program or modified sign program may be amended pursuant to the provisions of Section 21.54.125 of this title.

• L. Existing Sign Programs. Existing sign programs approved prior to the effective date of this chapter are subject only to the message substitution provision of this chapter; all other terms of the existing sign program shall continue in force.

• M. Binding Effect. After approval of a sign program, modified minor sign program or modified sign program all signs subsequent thereto shall be erected, constructed, installed, displayed, altered, placed or maintained only in conformance with such program unless and until modified by the procedures outlined herein.

• (Ord. CS-226 § I, 2013)

The following sign standards shall apply to all signage within the city.

• A. Sign Area. Sign area is computed as follows:

  1. Wall, Retaining Wall, Fascia, Awning, Window and Landscape/Hardscape Feature Signs.

     • a. Sign area shall be computed by measuring the smallest square, rectangle, triangle, circle or combination thereof, that will encompass the extreme limits of the graphic image, writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the message or display or otherwise used to differentiate the sign from the backdrop or structure against which it is placed.

     • b. Sign area does not include any supporting framework or bracing unless such is designed in a way as to function as a communicative element of the sign.

  2. Pole Signs. Sign area shall be computed as the area of the surface(s) upon which the sign message is placed including the supporting column(s) if decorated or displayed with advertising.

  3. Multi-Faced Signs.

     • a. The sign area for a two-sided or multi-faced sign shall be computed by adding together the area of all sign faces visible from any one point.

     • b. When two sign faces are placed back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same structure, the sign area shall be computed by the measurement of one of the faces.

     • c. In the case of a sign of spherical or cylindrical shape, the area of the sign shall be onehalf of the surface area.

  4. Flags, Banners, Pennants, etc. Sign area is the entire surface area, one side only.

  5. Monument, Freestanding and Suspended Signs. Sign area shall be computed by measuring the entire area contained within the frame, cabinet, monument, monument base or fixture.

• B. Sign Height—Monument, Pole and Freestanding Signs. Sign height is measured as follows: Sign height is specified as the greatest vertical measurement from the top of the sign or sign cabinet, including all ornamentation and supports, to the average grade beneath the sign.

• C. Placement of Commercial Signs. Commercial signs shall be placed on the property of the use for which the sign is intended to identify or relate, unless placement on another property is specifically allowed by this chapter or other relevant law.

• D. Placement of Noncommercial Messages on Signs.

  1. Noncommercial messages are allowed wherever commercial signage is permitted within Chapter 21.41 and is subject to the same standards and total maximum allowances per lot or building of each sign type specified in this chapter.

  2. A permit is required for a noncommercial message only when the sign structure has not been previously permitted.

• (Ord. CS-226 § I, 2013; Ord. CS-261 § IV, 2014)

Each permanent approved sign shall meet the following design standards.

• A. Colors. For commercial messages on signs, fluorescent, "Day-Glo" and similar colors shall not be used.

• B. Materials.

  1. All permanent signs shall be constructed of durable materials, which are compatible in kind and/or appearance to the building supporting or identified by the sign.

  2. Such materials may include, but are not limited to:

     • a. Ceramic tile,

     • b. Sandblasted, hand carved or routed wood,

     • c. Channel lettering,

     • d. Concrete, stucco or stone monument signs with recessed or raised lettering.

• C. Sign Location.

  1. Wall signs must be located below the roofline on structures with pitched roofs. However, wall signs can be located on the parapet of a flat roofed building. Wall signs are not allowed on any equipment enclosure located above the roofline.

  2. Directional signs shall be located to facilitate traffic internal to the site.

• D. Relationship to Buildings. Each permanent commercial message sign located upon a premises with more than one main building, such as a commercial, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings.

• E. Relationship to Other Signs. Where there is more than one sign on a lot, building or project site, all permanent signs displaying a commercial message shall have designs which similarly treat or incorporate the following design elements:

  1. Type of construction materials;

  2. Sign/letter color and style of copy;

  3. Method used for supporting sign (i.e., wall or ground base);

  4. Sign cabinet or other configuration of sign area;

  5. Illumination; and

  6. Location.

• F. Relationship to Streets. Signs shall be designed and located so as not to interfere with the unobstructed clear view of the public right-of-way and nearby traffic regulatory signs of any pedestrian, bicyclist or motor vehicle driver.

• G. Sight Distance. No sign or sign structure shall be placed or constructed so that it impairs the city's sight distance requirements, per City Engineering standards, at any public or private street intersection or driveway.

• H. Sign Illumination.

  1. Illuminated wall signs are prohibited on any building elevation that faces and is located within three hundred feet of any property line that adjoins residentially zoned property.

  2. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-of-way or adjacent properties.

  3. Externally illuminated signs shall be lighted by screened or hidden light sources.

  4. Free-standing and building-mounted signs shall either be non-illuminated or externally illuminated, except for signs with opaque backgrounds which give the appearance of individual channel letters and/or changeable copy signs.

• I. Logos and Graphics. Corporate logos and graphics may be used in conjunction with allowed signage. Logos, graphics and trademarks are included in total sign area, and are subject to sign height standards, but are not subject to sign letter height standards.

• J. Landscaping. Each monument and pole sign shall include landscaping around the base of the sign, at a minimum ratio of two square feet for every one square foot of sign area, so as to protect the sign from vehicles, improve the appearance of the installation and screen light fixtures and other appurtenances.

• (Ord. CS-226 § I, 2013)

• A. The following sign restrictions apply to properties in the coastal zone except the Agua Hedionda Lagoon and Village-Barrio segments. If there is a conflict between the coastal zone sign standards of this section and any regulations of this chapter, the standards of this section shall prevail. Otherwise, within the coastal zone, the sign regulations of this chapter shall apply.

  1. Each business or establishment shall be entitled to one façade sign.

  2. Each shopping complex shall have only one directory sign which shall not exceed fifteen feet in height, including mounding.

  3. Monument sign height including mounding shall not exceed eight feet and shall apply where three or fewer commercial establishments exist on a parcel.

  4. Tall freestanding and roof signs shall not be allowed.

  5. Off-premises signs shall not be allowed.

• (Ord. CS-226 § I, 2013; Ord. CS-261 § V, 2014; Ord. CS-334 § 8, 2018)

Table B states the criteria for a permit for permanent signs for each type of development and/or corresponding zones. In addition to the type of sign permitted, Table B provides the maximum number, maximum sign area, maximum sign height and letter height, permitted location and other standards.

(click here to view the full table)

Notes:

Notwithstanding the above, two wall signs along a building elevation that fronts the abovenoted corridors may be permitted under the following circumstances:

(a) A building elevation must have a minimum of one hundred fifty lineal feet in order to have more than one wall sign along that elevation.

(b) The minimum spacing between wall signs along an elevation shall not be less than seventy-five feet.

(c) The cumulative length of all wall sign(s) along any building elevation shall not exceed one-third of the length of that same elevation.

5. These sign standards supersede the sign standards for the C-M, M and P-M zoned properties that are located within Area 4 of the El Camino Real corridor development standards.

6. Wall signs must be located below the roof line on structures with pitched roofs. However, wall signs can be located on the parapet of a flat roofed building. Wall signs are not allowed on any equipment enclosure located above the roof line.

• (Ord. CS-226 § I, 2013; Ord. CS-261 § VI, 2014)

Table C provides a listing of all temporary signs permitted for each type of development and corresponding zones with a sign permit. In addition to the type of sign permitted, Table C provides the maximum number, maximum sign area per sign, maximum sign height and letter height, permitted location and other provisions.

(click here to view the full table)

(Ord. CS-226 § I, 2013)

• A. Construction. Every sign, and all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations and the latest adopted versions of the Building Code and the National Electric Code.

• B. Maintenance.

  1. Every sign and all parts, portions and materials shall be maintained and kept in good repair.

  2. The display surface of all signs shall be kept clean, neatly painted and free from rust, cracking, peeling, corrosion or other states of disrepair.

• (Ord. CS-226 § I, 2013)

• A. Any sign which is unsafe, as defined herein, or which does not conform to Uniform Building Code and National Electric Code standards, or installed or placed in the public right-of-way or on city property contrary to other provisions of the Carlsbad Municipal Code, may be removed by any officer or employee of the city designated to do so without prior notice. Alternatively, the city may issue a notice of nonconformance and give the sign owner and/or the property owner fifteen days in which to cure the nonconformance.

• B. Any other sign that is in violation of the provisions of this chapter must be removed by the permittee, owner or person in charge of the sign upon written notice by the city. Such written notice shall specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice.

• C. The time for removal or repair shall not be less than thirty calendar days from the date of mailing the notice for permanent signs and not less than fifteen calendar days for temporary signs.

• D. Within ten days of the mailing of the notice, the permittee, owner or person in charge of the sign may request a hearing before the City Planner to determine whether the sign was erected or maintained in violation of this chapter. Such request must be made in writing and received by the city within the ten days after mailing of notice.

• E. Upon receipt of a written request for a hearing, the City Planner shall schedule a hearing and send a written notice by first class mail of the time, place and date for the hearing, which shall be no later than thirty days after the date of receipt of the written request, unless the party responsible for the sign requests a later hearing date. The time for compliance with the original order shall be stayed during the pendency of the hearing. The City Planner will notify the appellant of the decision to affirm, modify or revoke the order to remove or repair within ten days of the conclusion of the hearing; failure to give such notice of decision shall result in the withdrawal of the notice of violation, but shall not prevent a new notice of violation being issued for a different time period from that specified in the original notice.

• F. Whenever the permittee, owner or person in charge of the sign fails to comply with an order of the City Planner requiring compliance with this chapter, any expense of such inaction shall be charged to the permittee, owner or person in charge of the sign. Such amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner or person in charge of the sign who fails to pay such costs. Any costs, including attorney's fees, incurred by the city in collection of the costs shall be added to the amount of the debt.

ense of such inaction shall be charged to the permittee, owner or person in charge of the sign. Such amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner or person in charge of the sign who fails to pay such costs. Any costs, including attorney's fees, incurred by the city in collection of the costs shall be added to the amount of the debt.

• G. Every person billed may request a hearing regarding the accuracy of the amount billed. Following the hearing, the City Planner shall, within ten days of the conclusion of the hearing, notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid. Nonpayment becomes a lien on the property.

• (Ord. CS-226 § I, 2013)

• A. Any person seeking to appeal a decision of the City Planner granting or denying an application for issuance of, or renewal of, a sign permit, revoking a permit or ordering the removal of a sign, must file a written notice of appeal with the City Planner no later than ten days after the date of the notice of the decision. The notice shall state, with specificity, the factual and legal basis of the appeal. The City Planner shall expeditiously schedule a hearing before the Planning Commission and notify the appellant, in writing, of the day, time and location of the hearing, which shall be held not later than thirty days after the notice of appeal is received by the city, unless time is waived by the appellant. The time for compliance of any original order shall be stayed during the pendency of the hearing before the Planning Commission.

• B. The Planning Commission shall hold a hearing and provide the appellant with a written decision within ten days of the conclusion of the hearing. If the approval, denial, revocation or removal order is affirmed on review, the appellant may file a written notice of appeal to the City Council with the City Clerk no later than ten days after the date of the notice of the decision. The City Clerk shall then schedule a hearing before the City Council, which shall be held within thirty days of the receipt of the notice of appeal, and notify the appellant, in writing, of the day, time, and location of the hearing; however, the hearing may be held later than thirty days upon the request or concurrence of the appellant. The time for compliance of any original order shall be stayed during the pendency of the hearing before the City Council.

The City Council shall provide the appellant with a written decision within ten days of the conclusion of the hearing. Any person dissatisfied with the City Council's decision may seek prompt judicial review pursuant to California law.

(Ord. CS-226 § I, 2013)

• A. Except for normal repair and maintenance and any modification required for NEC compliance, no non-conforming sign shall be expanded, structurally or electrically altered (not including a change in sign face or sign copy), moved or relocated, unless it is brought into conformance with all current provisions of this chapter.

• B. When a sign, which was in compliance with all applicable laws in effect at the time it was originally erected, is physically damaged, whether by vandalism, forces of nature or other causes, the sign may be repaired or restored to its original size, shape, height, orientation and message; however, the repair or restoration must be done in a manner which complies with current building and electrical codes and/or the requirements of any applicable sign program.

• (Ord. CS-226 § I, 2013)

Any sign, which has been properly removed under this chapter, may be returned to the owner upon payment to the city of the costs of removal. If no timely request is made for hearing or if no demand is made for the return of the sign removed, the city is authorized to destroy or dispose of the removed sign not earlier than thirty days after the removal of such sign. (Ord. CS-226 § I, 2013)

• A. It is unlawful for any person to:

  1. Install, mount, affix, create, erect, display or maintain any sign in a manner that is inconsistent with this chapter or any permit for such sign;

  2. Install, mount, affix, create, erect, display or maintain any sign requiring a permit without such a permit; or

  3. Fail to remove any sign which the city has ordered to be removed for being in violation of this chapter.

• B. Violations of any provisions of this chapter shall be subject to the enforcement remedies and penalties provided for herein and in Chapter 1.08 of this code. The city may also pursue any civil remedies provided by law, including injunctive relief, as to signs not in conformance with this chapter:

  1. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter.

2. Each sign installed, created, erected or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this chapter.

(Ord. CS-226 § I, 2013)

If any section, subsection, sentence, clause phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, which shall be in full force and effect. The City Council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or unconstitutional. (Ord. CS-226 § I, 2013)