§ 24.16

It is the purpose of this code section to make the City of Imperial attractive to residents, visitors, and commercial, industrial and professional businesses while maintaining economic stability through an attractive signing program.

Signs have an obvious impact on the character, quality and economic health of the City. The City recogniz.es the need for signs as a means to identify businesses within the Community.

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The purpose of this chapter is to control signs in a manner which will maintain a high quality of development throughout the City.

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The purpose of these sign regulations are to:

1. Encourage the effective use of signs as a means of communication in the City;

2. Enable fair and consistent enforcement of these sign restrictions;

3. Improve pedestrian and traffic safety;

4. Minimize the possible adverse effects of signs on nearby public and private property;

5. Encourage signs which are compatible with adjacent landuses;

6. Promote the public health safety and general welfare; and

7. Implement the community design goals, objectives, policies and programs of the General Plan.

All signs shall be subject to the Site Plan Review process pursuant to Section 24.19.500 unless exempted by this Chapter. Sign review shall include but not be limited to the following:

1. Sign placement; 2. Color; 3. Architectural integrations; 4, Legaibility; 5. Scale; 6. Size; 7. Illumination; 8. Yearly Inspections; and 9. approvedSubject toby anythe Cityfees Council.as established.by resolution and

24.16.030 Definitions 1. Animated Signs: Signs designed to attract attention through movement. .

2. Architectural Projections: Any project not intended to occupancy which extends beyond the face of an exterior wall or about the roof or parapet line of a building, not including signs.

3. Awning: A temporary shelter supported entirely from the exterior wall of a building and composed of non-rigid material except for the supporting framework.

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4. Awning Sign: A sign painted on, printed on, or attached flat against the surface of an awning.

5. Banner Signs: Any sign made of fabric, paper or other lightweight material, whether or not it is enclosed by a rigid frame, attached to any exterior wall or portion of a building or other structure.

6. Billboards: A sign structure advertising an establishment, merchandise, or services which is not sold, produced, manufactured, or furnished at the property on which the sign is located.

7. Building Face, Wall or Facade: All windows, wall and door areas of a building in one plane of elevation, including but not limited to that portion of any exterior elevation of a building extending vertically from grade level to the top of the parapet wall or eaves and horizontally across the entire width of the building elevation.

8. Building Frontage: The linear length of a building directly facing a public street, parking area or pedestrian walkway, which contains a public entrance.

9. Building Identification Sign: Any sign identifying a building by name, street number or symbol only.

10. Cable: Any light, medium or heavy duty wire used primary with a sign erection or installation to stabilize the sign's movement in the atmosphere and is attached to a pole, column or building on one end and anchored or attached to the sign. Also called "Guy Wire’.

11. Canopy: A rigid multi-sided structure covered with fabric, metal or other material and supported by a building at one or more points and by columns or posts embedded in the ground at the other points.

12. Clear View Zone: The area of a corner lot closest to the intersection which is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. The zone is established by marking a point at which the two curb lines intersect, measuring back twenty-five (25) feet on each street frontage and drawing a line across the two back points to form a triangulated area. No ground sign in excess of three (3) feet above curb grade is permitted in this zone. Freestanding signs may be permitted but, must have at least ten (10) feet clearance to grade and shall require Planning Commission approval.

13. Center Identification Signs: A freestanding or monument sign which advertise or direct attention to a shopping center or area having three or more separate businesses located on a single parcel or lot but which do not identify individual businesses or activities therein.

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14. Canopy Sign: Any sign placed on orsupported entirely by a rigid shelter or other structure projecting out from any exterior wall or portion of a building or other structure.

15. Constructioncontractor, Sign: A temporary sign identifyingan architect, participating insubcontractor,construction ofand/orthe propertymaterialon whichsupplierthe sign is Located.

16. Copy: The graphic, alphabetic/numeric context of a sign surface in either permanent or removable letters, excluding symbols, designs, trademarks, logos, pictographic and similar items.

17. Directional Sign: Signs which contain any of the following words: “entrance”, "enter", "out", "one-way" or other words, or words which contain non-flashing arrows or other characters indicating traffic direction.

18. Directory Sign: Any Sign listing the names, and/or uses, and/or location of various businesses or activities conducted within a building or group of buildings.

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19. Flag: Any fabric or banner containing distinctive colors, patterns, or symbols, subdivisions, or other entity.

20. Flashing Sign: Any sign which contains a continually intermittent light of sequential light source.

21. Freestandingplaced on, or Sign:anchoredAnyin,signthesupportedground andby thator supportsare independentthat are from any building or other structure.

22. Government Sign: Any temporary or permanent sign erected and Maintained by the city, county, state or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property for facility.

23. Guy Wire: Any light, medium or heavy duty wire used primary with a sign erection or installation to stabilize the sign's movement in the atmosphere and is attached to a pole, column or building on one end and anchored or attached to the sign. Also called "Cable".

24. Incidental Sign: A sign, generally informational, that has a purpose secondary to the use of the property on which is located. Sign examples would be "no parking", “entrance”, "loading only", and other similar directives. No sign with a commercial message legible from a position off the property on which the sign is located shall be considered incidental.

25. Logo: A visual symbol identifying the business or service provided, which may be all or part of the sign.

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• 2 6. Marquee Sign: Any sign which has a changeable copy or in which the letters are removable.

• 27. Monument Sign: with a solid base. Any free standing sign connected to the ground The sign is detached from the building and designed to advertise a building or activity taking place in or at the property on which the sign is located.

28. Mobile billboard: Any permanent or temporary advertisement on the side of a truck, trailer, bus or any moving or stationary vehicle or equipment. Stationary mobile billboards are prohibited, excepting public transit.

29. Mobile Signs: Any permanent of temporary advertisement painted, wrap, or marquee sign mounted on a vehicle, trailer, or on portable supports, includes moving advertisement vehicles.

30. Non-conforming Sign: Any sign that does not conform to the

requirements of this ordinance.

31. Parapet: That portion of a building or extension of a false front or wall that rises above the roof line.

32. Political Sign: Any temporary sign which displays the name and/or picture of an individual seeking election or appointment to a public office or pertaining to a forthcoming public election or referendum, or pertaining to or advocating political views or policies.

33. Portable Sign: Any sign not permanently attached to the ground or other permanent structure.

34. Poster Name Sign: Signs which are used to advertise a specific event or direct people to the location of such event, Signs are mounted on power poles and/or stakes.

• 33.5 Projecting Signs: Signs other than wall signs which are suspended from or supported by a building or wall and which project beyond the surface of the building.

• 34.6 Public Right-of-Way Width: The perpendicular distance across a public street, measured from property line to property line. When property lines on opposite sides of the public street are not parallel, the public right-of-way width shall be determined by the City Engineer.

37. Real Estate Sign: A temporary sign advertising the real estate upon which the sign is located as being for sale, lease or rent.

• 36.8 Roof Line: The top edge of a roof or building parapet, whichever is higher, excluding any mansard, pylon, chimneys or minor projections.

• 37.9 Roof Signs: Signs erected, constructed and maintained upon, or connected to, the roof of any building.

4038. Sign: Any device, fixture, or structure that uses color, form, graphic, illumination, symbol, or writing to advertise, announce, identify or communicate information of any kind to the public.

4039. Sign Width: Maximum horizontal dimension of a sign or sign

structure. 5

39. Special Event Sign: Any sign advertising or pertaining to any civic, patriotic, religious, cultural, community, or political event taking place on a specific date or dates.

40. en Subdivision Identification Sign: A freestanding or wall sign identifying recognized subdivisions, condominium complexes or residential developments.

41. Temporar Signs: Any sign, banner, pennant, valance, balloon, poster, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time - -

only, not to exceed forty eight (4 8 ) days within a twelve month period -

or as specified in table 22.1 1. Temporary signs, such as political, -

real estate, or special event, are short term, impermanent communication devices that do not possess a real property interest; they are considered personal property. These signs may be either on-premise or off-premise.

42. Total Sign Area: The coi:mined permitted sign sizes of all signs on any one lot, size, building, structure or other premises, excluding temporary signs, banner signs, special event signs, public information signs and traffic signs.

43. Undercanooy Signs: Unlighted or luminous signs attached to the underside of a projecting canopy perpendicular to the building frontage.

44. Vehicle Mounted Sign: Any sign, erected, mounted, attached to, secured, set or fastened to a stationary car, motorcycle, truck, bicycle or other means of personal material conveyance, used for the purpose of advertising a business transacted or conducted, services rendered, goods sold or produced, the name of a business, and the name of the person, firm or corporation; whether occupying or not occupying the premises on which the vehicle is located.

45. Wall Signs: Signs which are in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than twelve inches from the building or structure wall.

46. Window Signs: Signs painted, attached, glued or otherwise

affixed to a window or otherwise easily visible from the exterior of the building.

The area of a sign shall be calculated by enclosing the entire area of the sign within a single continuous perimeter composed of a square or rectangle which encloses the extreme limits of the sign. (Refer to Exhibits A and B)

The sign area enclosed shall include writing, logos or any figure of similar character, together with any frame, background area, structure trim, or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed.

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The area of a figure or other irregular or three-dimensional display used for advertising purposes shall be computed by enclosing the entire area within a cubic square or rectangle in a . gize sufficient to contain the entire sign. The sum of the area of ' the vertical planes of the enclosing squares or rectangles shall be considered the area of the sign.

EXHIBIT A

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Areaofasign , w xh = Sign Area

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Height of Sign , H = Overall Height wxh = Sign Area

Except as otherwise provided in this chapter, the following prohibitions apply to all signs:

1. Signs that obstruct any window, door or other opening used as means of regular ingress and egress, or for required legal light and ventilation; or fire escapes and other openings for emergency access and escape; or that create a safety hazard by obstructing clear view of pedestrians or vehicular traffic.

2. Signs placed on public property or within the public street right-of-way, (e.g., snipe signs, human directional, etc.) except for marquee signs and signs for neighborhood watch, contingent upon review and approval of a sign permit by the assistant community development director.

3. Signs with an intensity of illumination or location that interferes with the proper operation of motor vehicles on a public street.

4. Signs that are lewd, indecent or otherwise offensive to the public morals.

5. Murals of any kind, unless approved by the administrative committee and community services commission, where applicable.

6. Signs that identify or advertise a product or business not located on the property on which said sign is located.

7. Revolving signs. Any sign or portion thereof that physically rotates about an axis.

8. Painted wall signs. Any sign painted on the wall of a building or structure, with the exposed face of the sign in plane parallel to the plane of said wall.

9. Animated, flashing, audible and intermittent signs.

10. Billboards

11. Bench signs, except at designated public bus stops when the proposed advertising will pay for the construction use and maintenance of said bench.

12. Exposed lamps, spot lights and "goose neck" reflectors.

13. Flags, banners, streamers and pennants, unless specified different under specific design criteria in the Master Sign Program.

14. Portable signs.

15. Poster Signs.

16. Roof signs.

17. Signs located in or projecting into the public right-of-way.

18. Signs that by color, wording, design, location, illumination resemble or conflict with any traffic control device or with safe and efficient flow of traffic.

19. Signs that create a safety hazard by obstructing clear view of pedestrian and/or vehicular traffic.

20. Signs that project above a parapet or the highest point of a roof.

21. Sign Appendages

22. Signs which use guy wires or cables.

1. Change of Copy within a previously approved sign or sign program.

2. Temporary holiday decorations.

3. Interior signs.

4. Memorial Tablets, plaques or directional signs.

5. Public Transportation signs.

6. Public Utility signs.

7. Safety signs.

8. Public quasi-public signs.

9. Special Event signs.

10. Window signs.

Shall be exempt subject to the following standards:

• a. A permanent window sign area shall not cover more than 25% of the window area.

• b. Temporary, special event or holiday signs shall not cover more than 50% of the window area and not be up for more than thirty (30) days for a maximum of four times a year.

• ll. For Sale, Lease or Rent Signs.

Shall be exempt subject to the following standards:

• a. For one and two family residential uses - one sign not exceeding four (4) square feet in surface are and not more than six (6) feet in height.

• b. For multiple family residential uses - one sign for each separate street frontage with each sign not exceeding sixteen (16) square feet in surface area and not more than eight (8) feet in height.

• c. For commercial uses - one sign for each separate street frontage with each sign not exceeding thirty two (32) square feet in surface area and not more than ten (10) feet in height.

• d. For industrial uses - one sign for each separate street frontage with each sign not exceeding thirty two (32) square feet in surface area and not more than ten (10) feet in height.

• e. For agriculture uses - one sign for each separate street frontage with each sign not exceeding eighteen (18) square feet in surface area and not more than eight (8) feet in height.

12. Temporary Political Signs. AL LO SC ssi

• Temporary political signs are permitted in all zones subject to the following limitations:

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• a. No such sign shall exceed sixteen (16) square feet per sign face in surface area.

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• b. No freestanding temporary political sign shall exceed six (6) feet in height.

• c. No residential lot shall contain temporary political signs having a combined sign area in excess of sixty (60) square feet.

• d. Signs shall not be illuminated.

• e. No such sign shall be erected or placed more than sixty (60) days prior to the scheduled election to which it

• pertains.

• £. All signs shall be removed within 10 days after the scheduled election to which they pertain.

• q. No such sign shall be erected, placed or maintained on any private property without the consent of the owner, lessee, or person in lawful possession of such property.

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• h. No signs shall be erected, placed or maintained on any publicly owned building or structure, or on any portion of a public street or right-of-way which is used for traffic or parking.

• i. Nodoessignsany shallof thebefollowing:erected placedor maintained so that it

  • (1) Mars, deface, disfigures or damages any public building, structure or other property;

  • (2) Endangers the safety of persons or property;

  • (3) Obscures the view of any fire hydrant, traffic or street sign, traffic signal, or public information sign; and

• (4) Block lines of sight to areas of vehicular or pedestrian traffic.

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• j- Each erected political sign shall contain the name and phone number of the individual responsible for ultimate removal.

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Any Temporary political sign erected, placed or maintained in violation of any provisions of this section will be removed by the City five (5) days after notice of the violation is given to the concerned candidate or sponsor. Any temporary political sign which constitutes an immediate danger to the safety of persons or property, or which has not been removed within ten (10) days after the scheduled election, will be removed by the City without notice.

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13. Signs for Projects Under Construction.

Shall be exempt subject to the following standards:

• a. Sign shall not exceed thirty two (32) square feet in surface area and not be more than eight (8) feet in height.

• b. Signs shall be placed no closer than ten (10) feet to any property line.

On site subdivision signs and flags advertising the original sale of a subdivision, are allowed within the boundaries of a subdivision subject to the following standards:

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• l. No sign shall exceed 100 square feet per sign face area; 2. No sign shall be within 100 feet of any existing off site residence;

3. No more than two such signs shall be placed within any subdivision; and

• A. No such sign shall be illuminated.

5. A total of six (6) flags per street frontage, 2 feet by 3 feet in size, may be located on poles no more than sixteen (16) feet in height at the primary entranceto each subdivision. All flags shall be located within the subdivision property lines and not in the City right-of-way.

Only off-site directional signs which are in conformance with this section may be erected or maintained within the City. Off-site directional signs shall only be permitted for residential subdivisions. The following standards shall apply to the construction and installation of off-site directional signs: 1. The City shall designate an organization for the - administration of the terms of this section except that the organization shall have no enforcement powers hereunder. The duties of the organization under this section include but are not limited to, the following:

• a. Timely, equitable and non-discriminatory processing of applications to install a directional sign on a Kiosk;

• b. Obtaining sites and approvals for Kiosk locations;

• Cc. Timely construction and installation of Kiosks and directional signs; and

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• d. Maintenance of Kiosks, Kiosk sites and directional signs in a neat, clean and orderly condition,

2. The duties imposed upon the organization pursuant to this section may be exercised by a third party, subject to prior approval of such third party by the Planning Director.

3. The design of the Kiosks and directional signs shall be prepared by the organization and submitted to the City for written approval by the Planning Director.

• 4, Kiosks and directional signs shall conform to the following general standards:

  • a. Kiosks shall contain no more than six (6) directional signs per face.

  • b. No Kiosk shall have more than one face, except that additional faces, not to exceed three in number, may be approved for specific locations by the Planning Commission.

  • C. No Kiosk shall exceed eight (8) feet in height or five (5) feet in width.

  • d. Each directional sign shall be nine (9) inches high by five (5) feet long or sixteen (16) inches by high by five (5) feet long. All text within the directional signs shall be of uniform height. Developer’s logos may be placed on the directional sign as long as the logos are incidental to the subdivision name. (Ord. 720, 04/06)

  • €. Directional signs may contain the name of the subdivision, developer logo, and directional arrow.

  • f. Additional signs, streamers, or flags shall be added or placed on the Kiosk.

• g. Kiosk will be permitted in all land-use districts and located on private or public property, subject in each case to written permission by the property owner. Kiosk located in the right-of-way will be subject to written approval by the City.

  • h. Approval of the Kiosk shall be in the following manner:

    • (1) ‘By designation as an approved site by the Planning Director;

    • (2) For Kiosks of one face, by the Planning Director; and

    • (3) For Kiosks if two or three faces shall be by the Planning Commission.

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• i. All liabilities, cost and expenses arising out of the siting, installation and construction of Kiosks and directional signs shall be borne by the organization. The organization shall enter into an agreement with the City, in which it indemnifies, defends and holds harmless the City, in such a form as approved by the Planning Director and the City Attorney. The organization shall provide public liability insurance in the minimum amount. of $300,000 naming the City as additional insured and in such forms and with a company or companies approved by the Planning Director; and the City shall have not liability therefore.

• j- In addition to other penalties provided by law, including those set forth in this section, any directional sign erected, constructed, installed or maintained in violation of this section shall be deemed a public nuisance and may be summarily abated as such by the City.

The following signs shall be permitted subject to the provisions of the Site Plan Review Process, Section 24.19.500.

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SIGNS PERMITTED IN COMMERCIAL AND AUTO MALL ZONES

SIGNS PERMITTED IN COMMERCIAL AND AUTO MALL ZONES

SIGNS PERMITTED IN INDUSTRIAL ZONES

ace permnpamrman| ——_wicuwanaus ———-[eamenorscn] mS Business Wall Sign [Below Roofline 10% of the building face not to exceed 150 |One per building |[Wall][signs][shall][identify][ the] Identification sq. ft. face, not to exceed a|business only. (single tenant, total of 2 signs single parcel) Wall signs shall be placed on the building only. Monument |20 feet from grade if One per street A combination of monument Sign adjacent to Freeway |Frontage Street Classification frontage and wall signs may be used, or Major Arterial Local Street 32 sf Wall signs and monument Secondary Arterial 32 sf signs shall be architecturally 10 feet from grade if |Industrial Collector 50 sf designed to be compatible with adjacent to Industrial |Major Arterial 50 sf the building and with each Collector, Major = [Freeway 50 sf other. Arterial, or Local Street Monument signs shall be set back five feet from the property line Amended by Ord. 703

SIGNS PERMITTED IN INDUSTRIAL ZONES

\ An integrated master sign program shall be required for.all multitenant facilities consisting of eight (8) tenants or more, other than residential. The program shall be written in accordance to the standards in Section 24.16 and shall include permitted signs only. The master sign program shall be subject to review and approval by the Planning Commission.

1. Generally. The design standards set forth in this chapter shall be adhered to for all signing.

2. Architectural Style. Each sign shall be designed with the intent and purpose of relating to the architectural style of the main building or buildings on the site. The sign shall be compatible with the style or character of existing improvements upon lots adjacent to the site. Signs located on commercial sites but in a predominantly residential area, shall be compatible with such residential area.

3. Relationship to Buildings. Signs located on a lot with only one main building housing the business which the sign identifies, shall be designed to incorporate at least one of the predominantly visual elements of the building, such as type of construction materials, color, or other design detail. Fach sign located on a lot with more than one main building, such as a shopping center shall be designed to incorporate at least one of such predominantly visual design elements common or similar to all such buildings or the buildings occupied by the main tenant. The Planning Director may condition the approval of a sign to require more than one visual element to be incorporated into the design of the sign where such element or elements is necessary to achieve a significant visual relationship between the sign and building or buildings.

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4. Relationship to Other Signs. Where there is more than one monument or freestanding sign located on a lot, all such signs shall have designs which are well related to each other by the similar treatment or incorporation of following elements:

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

   • {b) Letter style of sign copy.

   • (c) Illumination.

   • (d) Type of method used for supports, uprights, or structure on which sign is supported.

   • (e) Sign cabinet or other configuration of sign area.

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• {£) Shape of entire sign and its several components.

5. Sign Dimensions. The dimensions of the sign cabinet, if any, or other configuration of the dimensions of the sign area of each sign shall be proportional to and visually balanced with the size of the building.

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

7. Illumination and Motion. Monument signs shall be non-moving stationary structures (in all components). Illumination, if any, shall be stationary and constant in intensity and color at all times (non-flashing).

8. Sign Copy. Sign copy shall include minimal information only. The use of subordinate information such as telephone numbers, lists of products, pictures of products, etc. are discouraged. The name of the use or business shall be the dominant message on the sign.

Every sign and all parts, portions and materials. shall he manufactured, assembled, and erected in compliance with all applicable State, Federal and City Regulations and the Uniform Building Code. Every sign and all parts, portions and materials shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced within thirty (30) days following notification by the City.

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1. Any violation of the provisions of this Section shall be deemed to be a continuing violation until the same has been corrected.

2. Any person violating any of the provisions of this Section shall be guilty of a misdemeanor and shall be punishable by fine of not more than $500.00 or by imprisonment in the county jail for not more than six (6) months or by both such fine and imprisonment.

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3. Notwithstanding any other provision of this Section, the City

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

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

   5. Any illegal sign within the public right-of-way is hereby found and declared to be public nuisance, and such sign may be abated by the City as follows: a. If the address of the owner or other person entitled to possession of said sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten (10) days before said date. If the address of the owner or other person entitled to possession is not known, such notice shall be affixed in a conspicuous place on said sign at least ten (10) days before said date. Such notice shall also set forth the provisions of this Section.

   b. The owner or other person entitled to possession of said sign may, before the removal date stated in the notice, file a written request for hearing with the Planning Division. Said request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the contentions why said sign should not be removed and destroyed.

   • c. If a request for hearing is filed, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than thirty (30) days thereafter. After said hearing, the Planning Commission shall determine whether or not said sign is an illegal sign within the public right-of-way. The written decision of the Planning Commission shall be rendered within ten (10) days after the hearing and a copy of said decision shall be mailed to the owner or other person entitled to possession within seven (7) days thereafter. Unless a notice of appeal is filed as hereinafter provided, the

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decision of the Planning Commission shall become final ten (10) days after mailing.

• d. The owner or other person entitled to possessionmay file a notice of appeal with the City Clerk within ten (10) days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than thirty (30) days thereafter. After hearing, the City Council shall determine whether or not said sign is an illegal sign within the public right-of-way. The written decision of the City Council shall be rendered within ten (10) days after the hearing and a copy of said decision shall be mailed to the owner or other person entitled to possession within seven (7) days thereafter. The decision of the City Council shall become final ten (10) days after mailing.

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

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

• 24.16.1130 Non-Conforming Signs and Signs Without Permits 1. Intent of Provisions. It is the intent recognize that the eventual elimination of ofexistth i sng chaptersigns thatto are not in conformity with the provisions of this title, is as important as is the prohibition of new signs that would violate these regulations.

2. General Requirements.

   • a. A non-conforming sign may not be:

     1. Changed to another non-conforming sign.

     2. Structurally altered to extend its useful life.

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  3. Expanded. 

  4. Reestablished after a business discontinued for sixty days. 

  5. Reestablished after damage or destruction of more than fifty percent of its value, as determined by the Building Official. 

• b. No new sign shall be approved for a site, structure, building or use that contains non-conforming signs unless such non-conforming signs are removed or modified to conform with the provisions of this title.

• c. No building permit shall be issued for any structures, building expansions or new building construction on a site which contains non-conforming signs, unless all signs on the site are brought into conformance with this title. This does not include interior alterations which do not substantially change the character or intensity of the site.

3. Historical Signs. Signs which have historical significance to community but do not conform to the provisions of this title may be allowed to remain provided that the Planning Commission makes the following findings:

   • a. The sign has historical significance for the community.

   • b. The sign does not create nor cause a traffic hazard. c. The sign does not create a visual nuisance to the character of the community.

   • d. The sign is properly maintained and structurally sound.

   • e. The sign does not adversely affect adjacent properties.

4. Hardship Cases. Under cases of extreme hardship and unusual circumstances, the Planning Commission shall have the authority to allow the retention of a non-conforming sign if the Commission specifically finds that extreme hardship and unusual circumstances exist. The proponent of such request, shall have the burden of clearly demonstrating that an extreme hardship and unusual circumstances does exists and warrants the retention of such sign. The Planning Commission shall conduct a public hearing. The procedures for conducting the public hearing and application fees shall be regulated by the variance procedures and fees established by the City Zoning Ordinance.

The Planning Commission shall use the following findings for determining that an extreme and unusual circumstances exists:

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• a. The site has a unique character or features that causes visibility problems.

• b. The sign does not create a traffic hazard.

• Cc. The sign does not create a visual blight to the community.

• d. The sign does not adversely affect adjacent properties.

• e. The sign is properly maintained and structurally sound.

• £. No other signing alternative or design would be feasible or be able to provide reasonable signing in accordance with this ordinance.

If the Planning Commission finds that an extreme and unusual circumstance exists, but that the design or condition of the sign creates a visual blight, then the Commission can grant a relief from the amortization of the non-conforming sign with the condition that the sign be remodeled to a more aesthetic design. If a business or shopping center, found to have the above hardship and which contains non-conforming signs, is remodeled, then the Commission shall have the authorize to request that the non-conforming signs be upgraded to match the design and architectural style of the remodeled buildings.

5. Signs Subject to Removal

The following signs which do not comply with the provisions of _ this code section shall be subject to removal upon proper notification by the City of Imperial. 1. Signs which have been installed with out building permits.|

2. When there is a change of business. A change of owner ship does not apply.

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3. When the Building Inspector has determined that there is an electrical hazard and/or the sign does not meet the provisions of the National Electric Code (NEC).

PASSED, ADOPTED AND APPROVED THIS 6th DAY OF April, 1994.

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a
me Z the City of Imperial
ATTEST:
City Clerk of the Imperial |
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SECTION 24.17 NONCONFORMING USES AND STRUCTURES