Sections:

Sec. 4-38-010. Purpose. Sec. 4-38-020. Applicability. Sec. 4-38-030. Sign permit requirements. Sec. 4-38-040. Prohibited signs.

• Sec. 4-38-050. General requirements for all signs. Sec. 4-38-060. Zoning district sign standards. Sec. 4-38-070. Standards for specific types of signs. Sec. 4-38-080. Exceptions to sign area limitations. Sec. 4-38-090. Nonconforming signs. Sec. 4-38-100. Violations and abatement. Sec. 4-38-110. Appeal. Sec. 4-38-120. Judicial review.

The regulations established by this Chapter are intended to appropriately limit the placement, type, size, and number of signs allowed within the City, and to require the proper maintenance of signs. The purposes of these limitations and requirements are to:

• A. Avoid traffic safety hazards to motorists and pedestrians caused by visual distractions and obstructions;

• B. Promote the aesthetic and environmental values of the community by providing for signs that do not impair the attractiveness of the City as a place to live, work, and shop;

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• C. Provide for signs as an effective channel of communication, while ensuring that signs are aesthetically proportioned in relation to adjacent structures and the structures to which they are attached; and

• D. Safeguard and protect the public health, safety, and general welfare.

• A. Signs regulated. The requirements of this Chapter shall apply to all signs in all zoning districts, except on a site for which a specific plan has established separate sign regulations.

• B. Applicability to sign content. The provisions of this Chapter do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or noncommercial.

• C. Definitions. Definitions of the specialized terms and phrases used in this Chapter may be found in Article 9 (Glossary) under "Sign."

• (Ord. No. 511, § 8, 10-19-21)

No sign shall be installed, constructed, or altered unless a Sign Permit and, where applicable a Master Sign Plan approval is first obtained in compliance with this Section, or the sign is allowed without Sign Permit approval by Subsection E., below. A Building Permit may also be required. After approval of a Sign Permit and/or Master Sign Plan, each sign installed and maintained on the subject site shall comply with the Permit and Plan.

• A. Fees and plans required. An application for a Sign Permit shall be prepared, filed and processed in compliance with Chapter 4-60 (Permit Application Filing and Processing). The application shall also include architectural elevations and plans of all proposed signs drawn to scale, with all dimensions noted, and include illustrations of copy, colors, materials, and samples of the proposed colors and materials. The plans submitted shall also show the location of each sign on buildings and the site.

• B. Sign Permit review authority. The Director shall review all Sign Permit applications and approve only those that comply with the findings required in Subsection D. The Director may require conditions of approval as are reasonably necessary to achieve the purposes of this Chapter.

The Director may also refer a Sign Permit application to the Commission for Architectural Review and a decision, either for the individual Sign Permit, or as part of a development project that is otherwise subject to Architectural Review.

• C. Master Sign Plan.

  1. When required. The Director has the authority to approve or disapprove a Master Sign Plan. A Master Sign Plan shall be approved by the Director (or by the Commission upon referral by the Director) prior to the issuance of any Sign Permit for:

  - **a.** A new nonresidential project with four or more tenants; and 
  
  - **b.** Major rehabilitation work on an existing nonresidential project with four or more tenants, that involves exterior remodeling, and/or the application proposes modification to 50 percent or more of the existing signs on the site
  

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within a one year period. For the purposes of this Chapter, major rehabilitation means adding more than 50 percent to the gross floor area of the building/buildings, or exterior redesign of more than 50 percent of the length of any facade within the project.

All signs installed or replaced within the nonresidential project shall comply with the approved Master Sign Plan.

2. Content of plan. A Master Sign Plan shall include all the information and materials required by Subsection A., and shall provide standards for the uniform style, construction, size, and placement of signs within the proposed project.

3. Revisions. The Director may approve revisions to a Master Sign Plan approved by the Director. The Director may approve revisions to a Master Sign Plan approved by the Commission if the Director first determines that the revision is minor and that the intent of the original approval, and any applicable conditions are not affected. A new Master Sign Plan approval shall be obtained for revisions that would substantially deviate from the original approval.

• D. Findings for approval. The approval of a Sign Permit or Master Sign Plan shall require that the review authority first make all the following findings:

  1. The proposed signs do not exceed the standards of Sections 4-38-060 (Zoning District Sign Standards) and 4-38-070 (Standards for Specific Types of Signs), and are of appropriate size and height necessary to enable motorists and pedestrians to readily identify the facility or site from a sufficient distance to safely and conveniently access the facility or site;

  2. The size, location, and design of the signs are visually complementary and compatible with the scale, and architectural style of the primary structures on the site, any prominent natural features on the site, and structures and prominent natural features on adjacent properties on the same street; and

  3. The proposed signs are in substantial conformance with the design criteria in Section 4-38-050.D (General Requirements for All Signs - Design Criteria for Signs).

• E. Signs and sign changes allowed without a Sign Permit. The following are permitted without a Sign Permit, provided that they comply with Section 4-38-050 (General Requirements for All Signs), and any required building permit is obtained.

  1. Nonstructural modifications, and maintenance.

  - **a.** Modifications to sign copy on conforming signs, or changes to the face or copy of conforming changeable copy signs; 
  
  - **b.** Nonstructural modifications of the face or copy of an existing conforming sign installed in compliance with a Master Sign Plan, provided that the modifications are consistent with the Master Sign Plan approved in compliance with Subsection C.; 
  
  - **c.** The normal maintenance of conforming signs, except as set forth in Subsection 4-38-090.B. 
  

  2. Temporary signs. Temporary signs in compliance with Subsection 4-38-070.G.

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3. Governmental signs. Signs installed by the City, or a Federal or State governmental agency within a public right-of-way; and any sign, posting, notice, or similar sign placed by or required by a governmental agency or public utility in

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carrying out its responsibility to protect public health, safety, and general welfare, including signs displaying the location of public facilities such as public telephones, restrooms, and underground utilities for the benefit of the public.

4. Official flags. Flags of national, State, or local governments, or nationally recognized religious, fraternal, or public service agencies, provided that the length of the flag shall not exceed one-fourth the height of the flag pole. The maximum allowed height of a flagpole in a residential zoning district shall be 20 feet; the maximum height of a flagpole in a non-residential zoning district shall be 30 feet. Additional height may be authorized through Architectural Review approval. No flag shall be located within the public right-of-way.

5. Service station price signs. Service station price signs required by State law. 6. Street addresses. Street address numbers not exceeding an aggregate area of two square feet.

• (Ord. No. 487, § 2, 12-4-18)

All signs not expressly permitted by this Chapter shall be prohibited. Examples of prohibited signs include the following:

• A. Abandoned signs;

• B. Animated signs, including electronic message display signs, and variable intensity, blinking, or flashing signs, except time and temperature displays (which are not considered signs);

• C. Reserved.

• D. Illegal signs;

• E. Moving signs, except barber poles;

• F. Permanent off-site signs;

• G. Pole signs and other freestanding signs over six feet in height; H. Roof signs;

• I. Because of the City's compelling interest in ensuring traffic safety, signs that simulate in color, size, or design, any traffic control sign or signal, or that make use of words, symbols, or characters in a manner that interferes with, misleads or confuses pedestrian or vehicular traffic;

• J. Signs attached to or suspended from a vehicle parked within a public right-of-way, or in a location on private property that is visible from a public right-of-way, except a sign painted directly upon, magnetically affixed to, or permanently affixed to the body or other integral part of the vehicle; and

• K. Temporary and portable signs, except as may be allowed by Subsections 4-38-070.A. and 4-38-070.G.

• (Ord. No. 487, § 3, 12-4-18)

• A. Sign area measurement. The measurement of sign area to determine compliance with the sign area limitations of this Chapter shall occur as follows.

  1. The surface area of a sign shall be calculated by enclosing the extreme limits of all framing, writing, logo, representation, emblem, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figure 3-9.

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==> picture [432 x 136] intentionally omitted <==

2. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.

3. The area of a double-faced (back-to-back) sign shall be calculated as a single sign face if the distance between each sign face does not exceed 18 inches and the two faces are parallel with each other.

==> picture [183 x 192] intentionally omitted <==

4. Where a sign consists of one or more threedimensional objects (i.e., balls, cubes, clusters of objects, sculpture or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. See Figure 3-10.

5. The area of any time and/or temperature device incorporated into a sign shall not be included in the calculation of total sign area.

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• B. Freestanding sign height measurement. The height of a freestanding sign shall be measured as the vertical distance from the lowest point of the base of the sign structure, to the highest point of the structure, where the lowest point of the base of the structure does not include fill, planters, or other material artificially placed to allow increased sign height. See Figure 3-11.

==> picture [198 x 132] intentionally omitted <==

• C. Sign location requirements.

  1. All signs shall be located on the same site as the subject of the sign, except as otherwise allowed by this Chapter. A sign in the Downtown area may project over an adjacent public right-of-way only when authorized by an encroachment permit and maintains a minimum of eight feet clearance.

  2. No sign shall be located within the public right-of-way, except as otherwise allowed by this Chapter.

  3. The location of all signs shall be evaluated to ensure:

  - **a.** That the setback is appropriate for the height and area of a freestanding or projecting sign; 
  
  - **b.** That flush or projecting signs relate to the architectural design of the building. Signs that cover windows, or that spill over natural boundaries and/or cover architectural features shall be discouraged; 
  
  - **c.** That signs do not unreasonably block the sight lines of existing signs on adjacent properties; and
  

• d. Pedestrian and vehicular safety.

• D. Design criteria for signs. The following design criteria shall be used in reviewing the design of individual signs. Substantial conformance with each of the following design criteria shall be required before a Sign Permit or Building Permit can be approved.

  1. Color. Colors on signs and structural members should be harmonious with one another and relate to the dominant colors of the building or buildings being identified. Contrasting colors may be utilized if the overall effect of the sign is still compatible with the building colors and prevailing colors in the surrounding neighborhood (where a theme can be identified).

2. Design and construction.

• a. Proposed permanent signs should be designed by professionals (e.g., architects, building designers, landscape architects, interior designers, or those whose principal business is the design, manufacture, or sale of signs), or others who are capable of producing professional results.

• b. All permanent signs should be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and installation businesses, or others capable of producing professional results. The

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intent is to ensure public safety, achieve signs of careful construction, neat and readable copy, and durability so as to reduce maintenance costs and to prevent dilapidation.

3. Materials and structure.

  - **a.** Sign materials (including framing and supports) should be representative of the type and scale of materials used on the site of the sign. Sign materials should match those used on the building and on other signs. 

  - **b.** Materials for permanent signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance. 

  - **c.** The size of the structural members (e.g. columns, crossbeams, and braces) should be proportional to the sign panel they are supporting. In general, fewer larger supporting members are preferable to many smaller supports. 

  - **d.** The use of individual letters incorporated into the building design is encouraged, rather than signs with background and framing other than the building wall. 

  - **e.** The use of reflective materials or surfaces may be approved only where the review authority determines that these materials will not distract motorists or create other hazards, and should be minimized in all cases. 

4. Street address. The review authority may require that a sign include the street address of the site where it determines that public safety and emergency vehicle response would be more effectively served than if the street address were displayed solely on one or more buildings on the site.

• E. Copy design guidelines. The City does not regulate the message content (copy) of signs; however, the following are principles of copy design and layout that can enhance the readability and attractiveness of signs. Copy design and layout consistent with these principles is encouraged, but not required.

  1. Sign copy should relate only to the name and/or nature of the business or commercial center.

  2. Permanent signs that advertise continuous sales, special prices, or include phone numbers, etc. should be avoided.

  3. Information should be conveyed briefly or by logo, symbol, or other graphic manner. The intent should be to increase the readability of the sign and thereby enhance the identity of the business.

  4. The area of letters or symbols should not exceed 40 percent of the background area in commercial districts or 60 percent in residential districts.

  5. Freestanding signs should contain the street address of the parcel or the range of addresses for a multi-tenant center.

• F. Sign lighting. The artificial illumination of signs, either from an internal or external source, shall be designed to minimize light and glare on surrounding rights-of-way and properties.

  1. The City prefers that a sign be illuminated by lights within the sign, although signs comprised of individually mounted, internally lit letters are also acceptable. In the case of a sign comprised of a metal cabinet with a face of plastic or similar material, the face material shall be opaque except for the letters and artwork that convey the message. It is the intent of the City that a cabinet sign be designed and constructed to appear as much as possible as illuminated individual letters.

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2. External light sources shall be directed and shielded so that they do not produce glare on any object other than the sign, and/or off the site of the sign.

3. The light from an illuminated sign shall not be of an intensity or brightness that will interfere with the reasonable enjoyment of residential properties. In areas with low ambient nighttime illumination levels (i.e., areas of the City with little or no illuminated signing) a sign should be designed to use light, illuminated copy against a dark or opaque background.

4. Sign illumination shall not blink, flash, flutter, or change light intensity, brightness or color.

5. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

6. Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.

7. Reflective-type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so as to expose the face of the bulb or lamp to a public right-of-way or adjacent property.

8. Light sources shall utilize energy efficient fixtures to the greatest extent possible.

9. Permanently installed illuminated panels, visible tubing, and strings of lights outlining all or a portion of a building, other than lighting that is primarily for indirectly illuminating architectural features, signs, or landscaping, shall be deemed "signs" subject to this Chapter and shall be counted as part of the allowed sign area. Each line of tubing or lights shall be deemed to have a minimum width of at least six inches for the purpose of area calculation.

• G. Maintenance of signs. Each sign and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times. Any repair to a sign shall be of equal or better in quality of materials and design as the original sign. A sign that is not properly maintained and is dilapidated shall be deemed a public nuisance, and may be abated in compliance with the Municipal Code.

When an existing sign is removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Unpainted areas shall be painted to match the adjacent portion of the building or sign support structure.

Each sign shall comply with the sign type, area, height, and other restrictions provided by this Section, except as otherwise expressly provided in Section 4-38-030.E (Signs and Sign Changes Allowed Without a Sign Permit) or Section 4-38-070 (Standards for Specific Types of Signs).

• A. Residential zoning districts. Each sign in a residential zoning district established by Section 4-20-020 (Zoning Map and Zoning Districts) shall comply with the following requirements.

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TABLE 3-10 - SIGN STANDARDS FOR RESIDENTIAL ZONING DISTRICTS

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TABLE 3-11 - SIGN STANDARDS FOR COMMERCIAL & INDUSTRIAL ZONES

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Allowed Sign Maximum Sign Maximum Number of Maximum Sign Area Types Height Signs Allowed per Parcel Allowed per Parcel

Note:

(1) At least one foot below the top of a parapet, the sill of a second floor window, and/or the lowest point of any cornice or roof overhang.

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Proposed signs shall comply with the following standards where applicable, in addition to the sign area, height, and other requirements of Section 4-38.060 (Zoning District Sign Standards), and all other applicable provisions of this Chapter.

• A. A-frame and other portable sidewalk signs. Each business may display one A-frame or other portable sidewalk sign in compliance with the following standards.

  1. Limitation on location. An A-frame or other portable sidewalk sign shall be approved only within the C-D zoning district.

  2. Encroachment Permit. In addition to the Sign Permit required by this Chapter, an encroachment permit shall be obtained from the Public Works Department before any sign is placed in the public right-of-way. A public liability insurance policy, approved by the City Attorney and naming the City of Gustine and its officers and employees as insured, shall be provided the City prior to issuance of an encroachment permit.

  3. Sign size. Each sign shall not exceed a width of 2'-6". Sign height shall be limited to four feet. Sign height shall be measured perpendicular from the sidewalk surface to the highest point of the sign.

  4. Sign placement. A portable sidewalk sign shall be placed only within the boundaries of the applicable business' street frontage where specifically allowed by the Sign Permit or Encroachment Permit, and shall be positioned so that it will not:

  - **a.** Obstruct the sidewalk clearance required in compliance with the Americans with Disabilities Act (ADA); 
  
  - **b.** Impede any line of sight for motorists at vehicular public right-of-way intersections, as recommended by the Public Works Director; or 
  
  - **c.** Interfere with people exiting and entering parked cars. 
  

  5. Stabilization. The sign shall be stabilized to withstand wind gusts or shall be removed during windy conditions.

  6. Daily removal. The sign shall be removed from the sidewalk at the close of business each day.

  7. Maintenance. The sign shall be continuously maintained in good condition with no peeling paint or other deterioration.

• B. Awning signs. The following standards apply to awning signs in all zoning districts where allowed by Section 4-38-060 (Zoning District Sign Standards).

  1. Signs on awnings are limited to ground level and second story occupancies only.

  2. Awnings shall not be internally illuminated, except that lettering on the awning valence may be backlit. Direct exterior lighting may be allowed. Translucent awning materials are prohibited.

• C. Banners and pennants. Temporary banners and pennants may be allowed as part of an approved Master Sign Plan for a site (Section 4-38-030.C). Temporary banners and pennants shall be in place for no longer than 30 days, and shall be limited to the height of the building, or mounted upon on-site outdoor lighting fixtures, as specifically authorized by the review authority.

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• D. Freestanding signs. The following standards apply to freestanding signs in all zoning districts where allowed by Section 4-38-060 (Zoning District Sign Standards).

  1. Each freestanding sign shall be a monument sign, with sign height not to exceed six feet. (See Section 4-38-050.B for measurement).

  2. Multiple signs shall be separated by a minimum of 75 feet to ensure adequate visibility for all signs. The Director may waive this requirement where the locations of existing signs on adjacent properties would make the 75-foot separation impractical.

  3. A sign shall not project over public property, vehicular easements, or rights-ofway, and shall not obstruct a traffic safety sight area, as determined by the Director.

  4. To assist emergency response personnel in locating the site, freestanding signs should contain an illuminated street address plate. Numbers should be a minimum of six inches in height. An address plate shall not be included in calculations of allowed sign area.

  5. An institutional use (e.g., school, religious facility), and a theater or auditorium may have a reader board as a freestanding sign, with a maximum area of 16 square feet. A reader board with more area shall require Use Permit approval.

• E. Murals. A mural placed on the wall of a building may be permitted in any commercial or PI zoning district subject to Architectural Review, and as follows.

  1. A mural is in addition to (not counted as part of) the sign area allowed by Section 4-38-060.

  2. Murals that illustrate the local setting and history as sources of inspiration are encouraged.

  3. The approval of a mural shall require that the review authority first find that the size, colors, and placement of the mural are visually compatible with the building architecture, and that the mural will serve to enhance the aesthetics of the City.

• F. Projecting signs. The following standards apply to projecting signs in the C-1 zoning district.

  1. The maximum projection of a sign from a building wall over a public right-of-way shall not exceed 36 inches over a sidewalk. Larger projections from the building wall over private property may be approved by the review authority for a theater marquee sign. A marquee sign may project more than 36 inches over a sidewalk with Use Permit approval and an Encroachment Permit.

  2. The maximum height of a projecting sign shall not exceed 14 feet, eave height, parapet height, or sill height of a second floor window, whichever is less. No portion of the sign shall project above the eave line of a sloped roof or the top of the parapet on a flat roof.

  3. Aprojecting sign shall maintain a minimum clearance of eight feet from the bottom of the sign to the finished grade below.

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4. Icon signs using shapes or symbols uniquely suited to the business, creative shapes, and three-dimensional signs are encouraged. See Figure 3-9.

==> picture [189 x 156] intentionally omitted <==

5. Each sign shall be graphically designed for pedestrians, with a maximum area of nine square feet on each sign face, regardless of the length of the building frontage.

6. Sign supports shall be well-designed and compatible with the design of the sign.

7. Cabinet or "can" signs (interior illuminated boxed display signs) are prohibited.

• G. Temporary signs. Temporary signs are allowed subject to the following requirements.

  1. Temporary noncommercial signs. Temporary noncommercial signs are allowed in all zoning districts on private real property, subject to the following standards:

  - **a.** The aggregate signage displayed at one time shall not exceed 32 square feet in area per parcel; 
  
  - **b.** Freestanding signs shall not exceed six feet in height; 
  
  - **c.** Signs shall be displayed for a period not to exceed 60 days; 
  
  - **d.** Signs shall not be placed on public property or the public right-of-way; 
  
  - **e.** Signs shall not be displayed without the consent of the property owner. 
  
  - **f.** If signs relate to a specific event, signs shall be removed within 15 days of the event to avoid misleading or confusing the public and to mitigate against blight created by excessive and unnecessary signs. 
  

  2. Temporary commercial signs. Temporary commercial signs are allowed in commercial zoning districts, subject to the following standards:

  - **a.** The area of the signs shall not exceed 50 percent of the total sign area allowed on the site by Section 4-38-060 (Zoning District Sign Standards); 
  
  - **b.** Signs shall be displayed for a period not to exceed 30 days; 
  
  - **c.** Signs shall not be placed on public property or the public right-of-way; and 
  
  - **d.** If signs relate to a specific event, signs shall be removed within 15 days of the event to avoid misleading or confusing the public and to mitigate against blight created by excessive and unnecessary signs. 
  

  3. Real estate signs. Real estate signs are allowed without a Sign Permit in compliance with California Civil Code Section 713, and subject to the following requirements.

  - **a. Commercial, industrial, and other non-residential zoning districts.** Properties within commercial, industrial and other non-residential zoning districts
  

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shall be allowed one real estate sign of no more than 32 square feet, with a maximum height for freestanding signs of six feet, for each parcel frontage.

  - **b. Residential zoning districts.** 

     - **(1) On-site signs.** One residential real estate sign not more than six square feet in area, advertising the sale or lease of a parcel or structure, may be located on the property it advertises.

• (2) Off-site directional signs. Up to two off-site real estate directional signs not more than six square feet in area may be located on private property with property owner consent, provided that they do not obstruct or impede pedestrian or vehicular traffic and are not secured to prevent removal. No real estate sign shall be permitted within the public right-ofway.

  4. Subdivision directional signs, off-site. Off-site signs providing directions to a new subdivision may be allowed with Sign Permit approval, and shall comply with the following standards:

  - **a.** A maximum of two off-site signs may be located on private property (not within any public right-of-way). 
  
  - **b.** The total area of each sign shall not exceed 24 square feet; 
  
  - **c.** The height of each sign shall not exceed six feet; 
  
  - **d.** The signs shall not be illuminated; 
  
  - **e.** The signs may be displayed only during the two years following date of recordation of the final map, or until all of the units have been sold, whichever occurs first; and 
  
  - **f.** The signs shall not affect pedestrian or vehicular safety. 
  

  5. Subdivision signs, on-site. On-site subdivision identification signs may be allowed with Sign Permit approval, in compliance with the following standards:

  - **a.** A maximum of two on-site signs may be located within the project boundaries, provided that no more than one sign per street frontage is allowed, and multiple signs shall be separated by a minimum of 75 feet. 
  
  - **b.** The area of each sign shall not exceed 32 square feet; 
  
  - **c.** Sign height shall not exceed six feet; 
  
  - **d.** The signs shall not be illuminated; and 
  
  - **e.** The signs may be displayed only during the two years following the date of recordation of the final map, or until all of the units have been sold, whichever occurs first. 
  

• H. Reserved.

• I. Wall signs. The following standards apply to wall signs in all zoning districts where allowed by Section 4-38.060 (Zoning District Sign Standards).

  1. A wall sign may be located on any primary or secondary building frontage.

  2. The area of the largest wall sign shall not exceed seven percent of the area of the building facade on which the sign is mounted or painted, including the area of windows, doors, and recesses.

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3. No sign shall project from the surface to which it is attached more than required for construction purposes, and in no case more than 12 inches.

4. No sign shall be placed so as to interfere with the operation of a door or window.

• J. Window signs. Window signs are allowed only within the commercial zoning districts established by Section 4-20-020 (Zoning Map and Zoning Districts) as follows.

  1. Maximum sign area. Permanent and temporary window signs shall not occupy more than 20 percent of the total ground floor window area.

2. Permanent window signs.

  - **a.** Signs shall be allowed only on windows located on the ground level and second story of a building frontage. 

  - **b.** Signage shall consist of individual letters, logos, or symbols applied to the glass surface; however, neon signs with transparent backgrounds may be hung inside the window glass line. 

3. Temporary window signs. Temporary window signs may be allowed provided that the signs:

  - **a.** May be displayed inside a window for a maximum of 10 days within any 30-day time period. 

  - **b.** Shall only be located within the ground-floor windows of the structure. 

(Ord. No. 487, § 4, 12-4-18)

The review authority may grant an exception to increase the maximum allowed sign area by up to 25 percent if the review authority first determines that:

• A. The position or setback of the building on the site requires additional area for effective signing;

• B. The exceptional size of the structures, uses, or site requires additional sign area for effective identification from major approaches to the site; or

• C. The name of the business or use to be identified is exceptionally long, so that sign readability would be impaired by crowding words into the allowable sign area.

A nonconforming sign is any permanent or temporary sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but that does not now comply with the provisions of this Zoning and Subdivision Code.

• A. General requirements. A nonconforming sign shall not be:

  1. Changed to another nonconforming sign;

  2. Structurally altered to extend its useful life;

  3. Enlarged;

  4. Re-established after a business is discontinued for 30 days; or

  5. Re-established after damage or destruction to 50 percent or more of the value of the sign, or its components, as determined by the Building Official.

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ARTICLE 3. SITE PLANNING AND GENERAL DEVELOPMENT REGULATIONS CHAPTER 4-38. SIGNS Sec. 4-38-120. Judicial review.

• B. Maintenance and changes. Sign copy and face changes, nonstructural modifications and nonstructural maintenance (i.e., painting, rust removal) are allowed without a Sign Permit up to a maximum of 25 percent of the existing total area of the sign. Face changes not including copy, and any nonstructural modifications exceeding 25 percent of the existing total area of the sign, and any structural changes shall comply with all applicable standards of this Chapter.

• A. Public nuisance declared by Director. Any sign erected or maintained contrary to the provisions of this Chapter may be declared to be a public nuisance by the Director and proceedings for its removal may take place in compliance with the Municipal Code

• B. Public nuisance declared by Council. The Director may ask the Council to declare a sign a public nuisance under the following conditions:

  1. The sign is significantly damaged either in support structure or sign face, as determined by the Building Official.

  2. The sign is illegible either through fading, rusting, or erosion of the sign face or through faulty or missing illumination; or

  3. The sign is unsafe for vehicles or pedestrians.

• C. Removal of abandoned sign. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business that it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the Director shall give the owner 30 days written notice to remove it. Upon failure to comply with the notice, the Director may have the sign removed at the owner's expense.

After denial of an application for a Sign Permit, the applicant may appeal that action in compliance with Chapter 4-74 (Appeals). The Review authority shall act to grant or deny the appeal within 60 days of receipt of the request for review/appeal.

Any permit issued or denied in compliance with this Chapter shall be subject to expedited judicial review to the extent provided by the time limits set forth in Code of Civil Procedure Section 1094.8 et seq.

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