Mammoth Lakes Municipal Code Ch. 17.48 Signs

(a) The purpose of this chapter is to establish regulations that control signage allowed within the Town, including the number, placement, height, size, type, and lighting of signs, to:

(1) Advance the community design standards and safety standards identified in the general plan;

(2) Support the local economy and help nurture businesses;

(3) Strengthen the identity of the community as a premier, year-round destination resort;

(4) Encourage creative design that adds character to streets and districts, contributing to an attractive and hospitable streetscape;

(5) Discourage visual clutter and negative impacts to the public realm;

(6) Eliminate glare and minimize light pollution to improve public safety and preserve views of the stars and night sky;

(7) Provide for signs as an effective channel of communication, while ensuring that signs are aesthetically compatible with the structures they identify;

(8) Safeguard and protect the public health, safety and general welfare;

(9) Avoid traffic safety hazards to pedestrians, bicyclists, and motorists caused by visual distractions and obstructions;

(10) Maximize public convenience by providing easily visible traffic, directional, informational, and wayfinding signage; and

(11) Minimize the cost of sign permits through clear and user-friendly regulations.

(b) The regulations of this chapter are not intended to permit any violations of the provisions of any other lawful ordinance or to prohibit the use of any sign required by State or Federal law.

(Code 1990, § 17.48.010; Ord. No. 14-02, § 4, 3-19-2014)

(a) Signs regulated. The regulations provided in this chapter shall apply to all signs in all zoning districts. Only signs authorized by this chapter shall be allowed.

(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. Any noncommercial message may be substituted for the copy on any commercial sign allowed by this chapter.

(c) Applicability to Federally registered marks. The provisions of this chapter shall not require alteration of the display of any registered mark, or any trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. It is the responsibility of the applicant to establish that a proposed sign includes a registered mark.

(d) Regulatory interpretations. Where a particular type of sign is proposed in a permit application, and the type is not expressly allowed, restricted, or prohibited by this chapter, then the Director or the Commission shall approve, conditionally approve, or deny the application based on the most similar sign type that is expressly regulated by this chapter.

(Code 1990, § 17.48.020; Ord. No. 14-02, § 4, 3-19-2014)

(a) Applicability. A permit is required in compliance with this section to erect, move, alter, replace, suspend, display, or attach a sign, whether temporary or permanent, unless the sign is allowed without a sign permit in accordance with Section 17.48.040. Each business requires a separate sign permit. A permit is required for a change in business name on a sign.

(1) Minor alterations (e.g., repainting with same colors, routine maintenance, etc.) may be approved without a new permit.

(2) Permits for temporary signs may be approved on an annual basis provided the applicant submits a plan for the display of all temporary signs for a period of 12 consecutive months, and the plan is approved by the Department.

(b) Application requirements. An application for a sign permit shall be made to the Department on a form provided for that purpose pursuant to Chapter 17.60. All required information identified on the form shall be provided by the applicant, together with the required fees. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.48.030(f).

(c) Other permits required. In addition to the requirements of this chapter, all signs shall be in conformance with applicable requirements of the California Building Standards Code. Where required, the applicant shall also obtain a building permit or electrical permit from the Building Division. State review and approval, including the issuance of an encroachment permit, is required for signs located within the State right-of-way. Signs located within 660 feet of either State Route 203 or U.S. Highway 395 may require a permit from the outdoor advertising division of CalTrans.

(d) Review authority. Table 17.48.030(d) identifies the responsible review authority for each type of sign approval.

Table 17.48.030(d). Sign Review Authority

Notes:

1 The term "decision" means that the review authority makes the final decision on the matter; the term "appeal" means that the review authority may consider and decide upon appeals of an earlier decision, in compliance with Chapter 17.100.

2 The Director may refer any matter subject to his/her decision to the Commission, so that the Commission may instead make the decision.

(f) Timeline for decision; waiver of time. At each level of review, all sign related decisions, including any hearing when procedurally required, shall be made within 60 calendar days from when the Town determines the project is exempt from the California Environmental Quality Act, Public Resources Code § 21000 et seq., or adopts a negative declaration for the project. The failure of the review authority to render any decision within the timeframes established in this subsection shall be deemed to constitute a denial and the applicant shall have the immediate right to appeal.

(g) Findings and decision. After a sign permit application is deemed complete, the review authority shall approve, conditionally approve, or deny the application. The review authority may approve a sign permit application, with or without conditions, only after the following findings are made:

(1) The sign complies with the standards of this chapter, any applicable specific plan or master plan, and any applicable master sign program; and

(2) The sign is in substantial compliance with the Town's design guidelines.

(h) Post approval procedures. The procedures and requirements in Chapter 17.100 shall apply following a decision on a sign permit.

(i) Expiration and extension of sign permit approval.

(1) A sign permit shall expire 12 months from the date of approval unless the sign has been installed or a different expiration date is stipulated in the approval; temporary signs shall comply with time limits identified for temporary signs in this chapter.

(2) A sign permit shall expire when the activity, product, business, service, or other use which is being advertised or identified has ceased for a period of not less than 90 days or has moved from the location where the sign was permitted.

(3) A sign permit shall expire when a sign is removed from the approved location for more than 90 days or a new permit is approved for a replacement sign.

(4) Upon written request by the applicant, the original review authority may extend the sign permit up to an additional 12 months from the original date of expiration based on site specific conditions justifying the original approval and whether or not those conditions have changed, consistent with Section 17.64.060(b)(4). The Director may make the extension subject to new conditions of approval should site-specific conditions warrant revised or new conditions.

(5) The expiration date of a sign permit shall be automatically extended to coincide with the expiration date of the companion building permit or other applicable permits for the project.

(Code 1990, § 17.48.030; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015)

The following signs and sign maintenance and modification activities are allowed without sign permit approval subject to the limitations specified herein; however, any required building permit shall be obtained prior to installation of the sign. These signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a property or business. However, any deviation from the limitations specified herein shall require a sign permit and may be counted toward the total allowable number of signs or total allowable sign area at the discretion of the Director.

(1) Nonstructural modifications and maintenance.

a. Modifications to changeable copy. Modification or changes to the face or copy of conforming changeable copy signs. A permit shall be required for a change in business name on a sign.

b. Maintenance. The normal maintenance of conforming signs, including painting, repairing, or cleaning of a sign. A permit shall be required for a change of color, materials, or design of an existing sign.

(2) Permanent signs.

a. Addresses. Addresses consistent with Chapter 16.08.

b. Informational and directional signs. Informational and directional signage of no greater than an aggregate of four square feet per business and no more than two signs per business, provided that such signage does not contain any advertising, brand, or product information. Additional sign area or number of signs shall be allowed if required by the Town or other public agency for the purpose of public health, safety, and general welfare.

c. Open signs. One open sign of no more than 2½ square feet is allowed per business. Open signs may utilize neon; however, blinking or flashing signs are prohibited.

d. Vacancy/no vacancy signs. Each transient rental business is allowed one vacancy/no vacancy sign of no more than 2½ square feet. Vacancy/no vacancy signs may be internally illuminated or utilize neon.

(3) Temporary signs.

a. Community event information. Posters, flyers, and announcements promoting community events, not containing advertisements for products or services not associated with the community event and removed within two days of the close of the event.

b. Directional signs (temporary). Temporary directional signs, in addition to those allowed by Section 17.48.040(3)b, not to exceed six square feet in total area.

c. Garage sale signs. One sign for a garage, yard, rummage, or estate sale of no greater than four square feet and no taller than four feet is allowed to be displayed during the hours of the sale. Garage sale signs shall only be displayed on the private property where the sale is located and shall not be placed within any State or Town right-of-way.

d. Political signs.

1. Political signs shall not exceed six square feet and shall not be located within any State or Town right-of-way or on public property.

2. A campaign sign may be displayed on a wooden post or wire frame, shall be no taller than four feet, and shall be removed within five days following the election.

3. Political signs within 660 feet of a State highway shall comply with the Outdoor Advertising Act, Business and Professions Code § 5200 et seq.

e. Real estate signs. Real estate signs in compliance with Civil Code § 713 and subject to the following limitations:

1. Residential zones. Properties within residential zones are allowed one real estate sign of no more than four square feet per property.

2. Nonresidential zones. Properties within nonresidential zones are allowed one real estate sign of no more than 12 square feet per property.

3. Multitenant properties. In addition to the real estate signs listed in Subsection (3)e.1 and 2 of this section, multitenant properties in all zones are allowed one real estate sign of no more than four square feet, located within each available tenant space, including tenant spaces above the second story.

4. Freestanding real estate signs. Freestanding real estate signs shall not exceed four feet in height and may be a portable sign or displayed on a wooden post. Sign structure shall be reasonably durable and clearly incidental to the sign, or otherwise shall be counted towards sign area.

5. Open house signs. Open house signs are allowed consistent with regulations for temporary portable signs, Section 17.48.090(14)c.

(4) Governmental signs. Signs installed by the Town, County, or a Federal or State governmental agency, because of their responsibilities for the protection of public health, safety, and general welfare. These signs may be internally illuminated if necessary for the protection of public health, safety, and general welfare.

a. Emergency and warning signs necessary for public safety or civil defense.

b. Traffic signs and devices erected and maintained by an authorized public agency.

c. Legal notices, licenses, permits, and other signs required to be displayed by law.

d. Signs showing the location of public facilities, destinations, or attractions (e.g., directional, information, and wayfinding signs).

e. Any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibilities.

(5) Signs damaged or destroyed by snow. The replacement of signs substantially damaged or destroyed by snow, snowplows, or other snow management efforts by the Town or public agencies, with the same or substantially similar sign in the same location shall be allowed regardless of structural changes required, provided that any required building permit is obtained and that Section 17.48.120 is complied with.

(6) Miscellaneous signs.

a. Flags. United States flags are exempt from these regulations. Official flags of national, state, or local governments, or nationally recognized fraternal, public service, or religious organization; provided that the flag is not used for commercial advertising (i.e., contains no commercial copy) and subject to the following limitations:

1. There shall be no more than three such flags per property.

2. Maximum flag size shall be three feet by five feet when hung from a building, and five feet by seven feet when hung from a flagpole over 30 feet in height.

3. Flags shall have a minimum clearance of eight feet over pedestrian areas and 15 feet over vehicular areas.

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b. Historical items. Historical plaques erected and maintained by the Town or historical agencies, memorials, building cornerstones, and date-constructed stones, provided that none of these exceed four square feet in area.

c. Menu display boxes. Menu display boxes of up to three square feet. Menu display boxes may include an area used to communicate daily, weekly, or other specials.

d. Merchandise. Merchandise incorporated as an integral part of an indoor window display, including photographic window display of real estate available for sale, lease, or rent from a licensed real estate broker.

e. Residential nameplates. Residential nameplates of not more than two square feet, one per property, that have no commercial message or identification.

f. Seasonal displays. Temporary, noncommercial decorations or displays associated with any national, local, or religious celebration.

g. Signs on vehicles (including mobile businesses). Signs neatly and permanently affixed on a vehicle, one sign per vehicle side, and only identifying the name of a business, generic services, contact information, and location; provided, however, such vehicles shall not be used as parked or stationary outdoor display signs (i.e., Section 17.48.060(b)(11)). Such signage shall not be a banner, board, paper, or any temporary sign and shall not substantially project or deviate from the vehicle profile.

h. Theater poster cases. Theaters may use glass-enclosed cases to display posters that advertise current or forthcoming programs. One poster case, not exceeding 16 square feet, is allowed for each movie screen or stage.

i. Vehicle station fuel price signs. Vehicle station fuel price signs required by State law, one sign per station not to exceed 12 square feet or other size as required by State law. No information other than as required or allowed by local, State, or Federal law shall be displayed. These signs may utilize changeable copy. Vehicle station fuel price signs shall not be internally illuminated.

(Code 1990, § 17.48.040; Ord. No. 14-02, § 4, 3-19-2014)

(a) Applicability. A master sign program approved by the Commission shall be required for any site with four or more businesses or tenant spaces, regardless of whether the tenant spaces are occupied. A master sign program may be requested by an applicant for a site with less than four businesses or tenant spaces but is not required. No sign permit shall be approved for a site with four or more businesses or tenant spaces unless and until the Commission has approved a master sign program for the subject site.

(b) Application requirements. An application for a master sign program shall be made to the Department on a form provided for that purpose pursuant to Chapter 17.60. All required information identified on the form shall be provided by the applicant, together with the required fees. If the application includes a request for an exception to this chapter, consistent with Section 17.48.050(d), information shall be provided explaining why the exception is warranted and how the exception is consistent with the purpose and intent of this chapter. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.48.050(e).

(c) Timeline for decision; waiver of time. See Section 17.48.030(e).

(d) Exceptions to this chapter. As part of a master sign program approval, the Commission may grant exceptions to the standards of this chapter for the maximum number and size of signs, based on site-specific conditions and design features, including architectural style, building mass, and site visibility to ensure that signs for a uniquely planned or designed development area are most appropriate for that particular development or area. A master sign program may also be more restrictive than this chapter.

(e) Findings and decision. After a master sign program application is deemed complete, the Commission shall approve, conditionally approve, or deny a master sign program application. The Commission may approve a master sign program application, with or without conditions, only after the following findings are made:

(1) The master sign program complies with the standards of this chapter and any applicable specific plan or master plan; or, if the master sign program does not comply with the standards of this chapter, the master sign program complies with the purpose and intent of this chapter;

(2) The master sign program is in substantial compliance with the Town's design guidelines; and

(3) The signs within the master sign program are visually related to each other and to the structure or developments they identify.

(f) Post approval procedures. The procedures and requirements in Chapter 17.100 shall apply following a decision on a master sign program.

(g) No expiration for master sign programs. A master sign program shall have no expiration date but may be revised consistent with Section 17.48.050(i).

(h) Individual sign permits required. Individual sign permits are required for signs located within a site subject to an approved master sign program. All signs erected or maintained within a site subject to a master sign program shall conform at all times to the approved master sign program.

(i) Revisions to master sign programs. Minor revisions to a master sign program may be approved by the Director if it is determined that the intent of the original approval, and any conditions attached thereto, are not affected. Major revisions to a master sign program shall be approved by the Commission.

(Code 1990, § 17.48.050; Ord. No. 14-02, § 4, 3-19-2014)

(a) Types of prohibited signs. All signs not expressly allowed by this chapter shall be prohibited.

(b) Examples of prohibited signs. Examples of prohibited signs include the following:

(1) Abandoned signs;

(2) Illegal signs;

(3) Inflatable or tethered signs or devices;

(4) Internally illuminated signs, except as allowed by this chapter;

(5) Moving signs, including blinking, chasing, or flashing signs, except as allowed by this chapter, signs that emit a varying intensity of light or color, or signs that contain moving parts;

(6) Home occupation signs;

(7) Off-premises signs, except as allowed by this chapter;

(8) Pole signs, including signs attached to utility poles or snow stakes;

(9) Pricing signs, except vehicle station fuel price signs, menu display boxes, and drive-up menu boards as allowed by this chapter;

(10) Roof signs;

(11) Signs attached to or suspended from any vehicle, boat, mobilehome, snowmobile, or other movable object parked within or next to a Town or State right-of-way or in a location on private property that is visible from a Town or State 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 (i.e., Section 17.48.040(6)g);

(12) Signs burned or cut into a tree, otherwise marked on a tree or otherwise affixed to a tree;

(13) Signs that simulate in color, size, or design any traffic control sign or signal, or signs that make use of characters, symbols, or words in a manner that interferes with, misleads, or confuses pedestrian or vehicular traffic;

(14) Signs with reflective surfaces, except for street and traffic signs or other signs for public safety;

(15) Signs within a Town right-of-way, except as allowed by Section 17.48.080(2)d;

(16) Statuary signs;

(17) Temporary signs, except as allowed by this chapter;

(18) Walking signs, including costumed characters or signs held or supported by human beings, except for noncommercial signs;

(19) Banner signs, except as allowed by this chapter; and

(20) Flutter flags.

(Code 1990, § 17.48.060; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 10), 1-21-2015)

(a) Measurement of sign area. The measurement of sign area for the purpose of determining compliance with this chapter is defined below.

(1) Surface area. The surface area of a sign shall be calculated by enclosing the extreme limits of all writing, logo, representation, emblem, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight perimeter lines, or within a single circle. See Figure 17.48.070A.

(2) Sign structure. Supporting structure, bracing, or framework that are determined by the Director to be clearly incidental to the sign display itself shall not be included in the calculation of total sign area.

(3) Double-faced signs. The area of a double-faced sign shall be calculated for one face only if the two faces are back-to-back, parallel, and separated by no more than 24 inches, and the copy is identical on both faces.

(4) Three-dimensional signs. The area of a sign consisting of one or more three-dimensional objects (e.g., balls, cubes, clusters of objects, or sculpture), shall be measured as their maximum projection upon a vertical plane. See Figure 17.48.070A.4.

Figure 17.48.070A

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(b) Measurement of sign height.

(1) Sign height. Sign height shall be measured as the vertical distance from the lowest point of finished grade adjacent to the sign to the top of the highest attached component of the sign. See Figure 17.48.070B.

(2) Signs in planters. The height of a sign located in a planter may be measured from the top of the planter, provided that the planter is no greater than 12 inches above finished grade as defined in Subsection (a) of this section.

(3) Sign frame and lighting. Subject to the Director's approval, sign frame and lighting may exceed the height limit, provided such is a necessary structural design feature.

Figure 17.48.070B

[Figure]

(Code 1990, § 17.48.070; Ord. No. 14-02, § 4, 3-19-2014)

All signs shall be subject to the following requirements, whether or not the sign requires a permit:

(1) Sign maintenance. The following maintenance standards shall be continually met for all signs:

a. Each sign, including the supporting structure and hardware, shall be structurally sound, maintained in good repair, and functioning properly at all times. All signs shall be neatly placed and securely affixed. No sign shall constitute a hazard to safety, health, or public welfare.

b. All signs shall be maintained as originally approved in a clean, neat, and undamaged condition.

c. Maintenance of a sign shall include periodic cleaning, mending or replacement of any faded, peeled, cracked, rusted, or otherwise damaged or broken parts thereof, replacement of flickering, burned out, or broken light bulbs, and other actions as necessary to comply with the purpose of this chapter.

d. When an existing sign is removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed, and any newly exposed portions of a building or structure on which the sign is displayed shall be repaired and repainted as necessary to restore a uniform appearance to the building surface or structure.

e. Signs which are not properly maintained and are dilapidated shall be deemed to be a public nuisance and may be abated in compliance with this Code.

(2) Sign location.

a. Each sign shall be located on the same site as the subject of the sign, except as otherwise allowed by this chapter.

b. Signs shall be located on the business frontage, except as otherwise allowed by this chapter.

c. Signs shall be allowed on sides of buildings or businesses not considered as businesses frontage (i.e., where no customer access is available) when the building wall fronts on a public street or faces a plaza, courtyard, pedestrian corridor or walkway, parking lot, or alley.

d. No sign shall be placed on or project over public property or into a Town right-of-way, except for the following:

1. Governmental signs, including bus stop signs, emergency warning signs, signs to direct or regulate pedestrian, bicycle or vehicular traffic, public notices, information signs, and wayfinding signs;

2. Community event signs and community information signs, including across the street banners as approved by the Town or the State as required for the sign, and allowed by this chapter;

3. A sign constructed by a public agency on its property, which is allowed by this chapter;

4. A monument sign consistent with Section 17.48.090(8)e; and

5. A portable sign consistent with Section 17.48.090(14)c.2.

e. No sign shall be located in a manner that will impede or obstruct pedestrian, bicycle, or vehicular safety.

f. No sign shall be placed so as to interfere with the operation of a door, fire escape, window, or other required exit.

g. Signs located within 660 feet of either State Route 203 or U.S. Highway 395 shall comply with the Outdoor Advertising Act, Business and Professions Code § 5200 et seq. and regulations administered by CalTrans.

(3) Sign area.

a. The aggregate area of all signs displayed on a site shall not exceed total allowable sign area established by this subsection, unless such sign is specifically exempt from being counted towards total allowable sign area.

b. The total square footage of allowable sign area for any business shall not exceed two square feet for each three linear feet of business frontage (i.e., linear feet of business frontage times two-thirds equals maximum allowable sign area in square feet).

c. Where a business has two separate frontages, additional signage for the second frontage shall be allowed up to the amount otherwise allowed for the primary frontage alone. The second frontage may or may not include a customer access point to the building. Such additional signage may be allowed for corner units and businesses in a single building.

d. Signs are subject to the size restrictions identified in Section 17.48.090. No sign shall exceed 30 square feet, except as specifically provided in this chapter.

e. Any business not having the necessary frontage to permit at least 12 square feet of aggregate sign area shall, in any event, be permitted 12 square feet of aggregate sign area.

f. The total allowable aggregate sign area may be increased by 20 percent if a sign and business frontage identified by the sign are located 140 feet or more from the centerline of the street on which they face; provided, however, that the increase shall only be applied to the sign located 140 feet or more from the centerline of the street on which they face. The increased aggregate sign area shall not increase the maximum sign sizes as allowed by this chapter or by a master sign program approved after the adoption of this chapter.

g. The following signs shall not be counted towards the total allowable aggregate sign area or the total allowable number of signs; however, any sign that deviates from the limitations specified herein shall be counted toward the total allowable aggregate sign area:

1. Signs not requiring a permit (Section 17.48.040);

2. Across the street banners;

3. Community event signs, including banners, directional, and informational signs for the event;

4. Community information signs;

5. Copy on an awning that does not exceed six inches in height and consistent with Section 17.48.090(1);

6. Drive-up menu boards;

7. Identification signs for multitenant centers that do not advertise any particular business or product;

8. One pedestrian-oriented business identification sign per business (i.e., a hanging or projecting sign) of no greater than six square feet;

9. Temporary banners as approved by the Town in compliance with this chapter; and

10. Tenant directory signs of no more than 12 square feet with up to two-inch-high lettering displayed on the first floor.

(4) Signs on structures.

a. No sign shall be displayed above the second story of any building, except for multitenant property real estate signs consistent with Section 17.48.040(3)e.3.

b. No sign shall extend above the top of the wall to which the sign is attached.

(5) Sign lighting. Sign lighting shall be designed to minimize light and glare on surrounding Town and State rights-of-way and properties in compliance with Section 17.36.030 and the following standards:

a. External light sources shall be directed and shielded to prevent glare and light trespass onto adjacent properties and Town or State rights-of-way.

b. Signs with internal light sources (e.g., halo lit, neon, and other signs as allowed by this chapter) shall be designed to prevent glare and light trespass onto adjacent properties and Town or State rights-of-way.

c. The light source (e.g., bulb) shall not be visible off-site, including Town or State rights-of-way, except for signs with neon tubing and electronic message signs as allowed by this chapter.

d. Sign lighting shall not exceed that necessary for sign legibility and shall not be of an intensity or brightness that will create a visual nuisance.

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

f. Signs shall not use colored lights or other design elements that may be confused with or mistaken for traffic control devices.

g. Neither the direct nor reflected light from primary light sources shall create hazards for pedestrians, bicyclists, or operators of motor vehicles.

h. Light sources shall utilize energy-efficient fixtures to the greatest extent feasible.

i. All light fixtures, conduit, and shielding shall be painted in flat dark colors, or painted to match either the building or supporting structure that serves as the background of the sign.

j. Where Section 17.36.030 conflicts with this Chapter 17.48, Chapter 17.48 will take precedence.

(6) Sign materials and design.

a. Materials. Sign materials shall be durable and capable of withstanding snow, wind, and weathering over the life of the sign with reasonable maintenance. The use of natural materials and materials made to resemble natural materials are encouraged.

b. Compatibility. All signs shall be compatible with the theme, visual quality, and overall character of the surrounding area, and appropriately related in size, shape, materials, and character to the function and architectural character of the building or premises on which they will be displayed. In assessing compatibility, sign style, color, material, lighting, support elements, and the buildings, structures, and premises on which they are displayed, shall be considered.

c. Design.

1. Signs should express individuality, be thoughtfully designed, unique, and creative, especially in nonresidential and non-industrial zones.

2. Permanent signs should include three-dimensional elements or some sort of relief. Flat signs without any relief should not be allowed for permanent signs in nonresidential and non-industrial zones. This requirement shall not apply to temporary signs.

d. Sites with less than four businesses or tenant spaces. master sign programs are not required for sites with less than four businesses or tenant spaces; however, signs on these sites shall not compete against each other for attention in a manner taking advantage of extreme, disharmonious, or clashing colors, shapes, locations, or materials.

(Code 1990, § 17.48.080; Ord. No. 14-02, § 4, 3-19-2014)

Proposed signs shall comply with the following standards applicable to the specific sign type. Each sign shall also comply with Sections 17.48.080 and 17.48.100, and all other applicable provisions of this chapter. Each sign shall be included in the calculation of the total allowable aggregate sign area and the total allowable number of signs except for those signs identified in Section 17.48.080(3)g. Sign permits are required for all signs except for those identified in Section 17.48.040. Any noncommercial message may be substituted for the copy on any commercial sign allowed by this chapter.

(1) Awnings.

a. Signs on awnings are limited to ground level businesses only. The minimum clearance between the lowest point of an awning and the grade immediately below shall be eight feet.

b. Copy on an awning shall not exceed 50 percent of linear awning frontage or 30 square feet, whichever is less.

c. Translucent awning materials are prohibited.

d. No duplication of wording shall be permitted on an awning.

[Figure]

(2) Changeable copy signs. A changeable copy sign shall be allowed for businesses and uses that communicate changing messages such as theaters and vehicle station fuel price signs. Such a sign shall be subject to the limits for the physical type of sign it is (e.g., wall sign); however, it shall not be internally illuminated.

[Figure]

(3) Decorative banners and flags. Decorative banners and flags shall only be allowed if approved by a master sign program under Section 17.48.050. Decorative banners and flags shall not contain or display any commercial or advertising copy.

(4) Drive-up menu boards. Menu boards of drive-through businesses may either be internally or externally illuminated. Lighting and electrical components shall be such that menu boards are not readily readable or audible from adjacent properties or from Town or State rights-of-way.

(5) Electronic message signs.

a. Electronic message signs shall be located only in the public and quasi-public zone.

b. Electronic message signs shall not flash, blink, flutter, include chasing lights, or display video messages (i.e., any illumination or message that is in motion or appears to be in motion). Electronic messages signs may display changing messages; however, each message shall be displayed for no less than four seconds.

c. One electronic message sign may be allowed per property.

d. Electronic message signs shall be limited to a brightness level of 0.3 footcandles above ambient light and shall incorporate automatic dimming technology to consistently maintain the required light levels.

e. Electronic message signs shall include well-designed opaque roof features to keep light from shining up. Signs and roof features shall be consistent with Section 17.48.090(6).

f. A design review permit and Commission approval shall be required for approval of an electronic message sign.

(6) Halo lit signs. Halo lighting shall be allowed on hanging, monument, projecting, theater, and wall signs only and shall be subject to the maximum size area and the maximum number allowed for each specific sign type, as specified in Section 17.48.090 and Table 17.48.100(b). Halo-lit signs are not allowed in any residential zone.

[Figure]

(7) Hanging signs. Hanging signs are limited to ground level businesses only, located on business frontages with customer access. The minimum clearance between the lowest point of a sign and the grade immediately below shall be eight feet.

a. No hanging sign shall extend more than six feet from a building wall.

b. Hanging signs shall not be larger than eight square feet.

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

[Figure]

(8) Monument signs.

a. Number. Generally, one monument sign is allowed per business, property, or multitenant center. However, more than one monument sign may be permitted if reasonable identification cannot otherwise be achieved, such as properties where access points are separated by long distances or corner properties with access points on two separate streets.

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

c. Height. A monument sign shall not exceed eight feet in height except as follows:

1. Signs along Main Street and Lake Mary Road shall not exceed 12 feet in height.

2. Sign structures may extend 12 inches above the allowable height for the purposes of sign structure enhancement or embellishment. See Figure 17.48.090(8).

3. In locations where snow removal equipment cannot access the sign area, sign height may be increased subject to the Director's approval; however, no sign shall exceed 16 feet in height.

4. In locations where the base of a sign is five feet or more below the centerline of the street on which the sign faces, sign height may be increased subject to the Director's approval; however, no sign shall exceed 16 feet in height.

d. Setback. Generally, there shall be a minimum five-foot setback from a Town or State right-of-way to any monument sign. A smaller setback may be approved by the Town to meet the intent of this chapter (Section 17.48.010).

e. Encroachment. Monument signs may encroach into a 200-foot or greater two-lane right-of-way when the sign will not be closer than 20 feet from the pavement in such right-of-way, the primary access for the subject use is off such right-of-way, and an encroachment permit is obtained from the Public Works Director or the State, as required for the sign.

f. Durable materials. Monument signs adjacent to Town or State rights-of-way shall be constructed of highly durable materials and designed to withstand the impacts of snow removal operations; materials such as high density polyurethane shall not be allowed unless the sign design is approved by the Public Works Director.

g. Sign base. A rock base or similar architectural design is required for the frame and base of all monument signs. The base shall have an aggregate width of at least 40 percent of the width of the sign face. See Figure 17.48.090(8)g. The Director may approve a reduction in the width of the sign base if the sign is otherwise consistent with this chapter.

[Figure]

h. Landscaped area. Landscaping shall be provided at the base of the supporting structure equal to the area of one face of the sign; for example, a 30 square foot sign shall require 30 square feet of landscaped area. The Director may modify this requirement if necessary to avoid creating or increasing a parking nonconformity or safety hazard.

i. Signs for more than one business. Monument signs identifying more than one business shall be designed as one sign.

j. Building permits. For monument signs that are less than four feet in height and do not include any electrical work, no building permit shall be required.

(9) Neon signs. Neon "open" and "vacancy/no vacancy" signs are allowed in compliance with Section 17.48.040(2)c and d and are not subject to the requirements of this subsection. The use of neon on other types of signs shall be subject to the following requirements:

a. Neon shall only be used for sign details that are intended to provide accessory graphics and artistic elements to a sign (e.g., a sign's copy, background, or border shall not be composed entirely of neon tubing).

b. No more than one sign with neon details shall be allowed per business and shall not be located in any residential zone.

c. Neon elements shall not be permitted on any monument sign or any sign larger than 20 square feet.

d. Signs with neon details shall incorporate dimming capabilities to the extent feasible (e.g., technologies such as flexible light-emitting diode (LED) neon are capable of being dimmed).

(10) Projecting signs.

a. Projecting signs are limited to ground level businesses only, located on business frontages with customer access. The minimum clearance between the lowest point of a sign and the grade immediately below shall be eight feet.

b. No projecting sign shall extend more than six feet from a building wall.

c. Projecting signs shall not be larger than 12 square feet and shall be double-sided.

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

[Figure]

(11) Theater signs. Subject to the review and approval of the Director, a theater sign may exceed 30 square feet as necessary to adequately display current or coming programs to the public. Theater signs may utilize changeable copy. Any theater sign greater than 30 square feet shall not utilize an electronic message sign or be internally illuminated.

(12) Wall signs.

a. A wall sign shall not project more than six inches from the surface to which it is attached.

b. Wall signs on multitenant buildings shall have a minimum four-foot horizontal separation. The Director may approve deviation from this requirement where unusual building design or configuration conditions prevent a reasonably visible sign opportunity.

[Figure]

(13) Window signs (permanent and temporary).

a. Placement. Permanent and temporary window signs shall be allowed only on windows located on the ground level and second story of a business frontage.

b. Size. Permanent and temporary window signs shall not occupy more than 25 percent of the total window area. No temporary window sign shall exceed six square feet.

c. Number. There shall be no more than four window signs per business, including permanent and temporary window signs. Only two window signs may be temporary.

d. Application. Permanent window signs shall be permanently painted, mounted, or applied directly to the inside of the glass (i.e., windows or doors). Permanent and temporary window signs shall be no more than one inch thick.

e. Duration of display for temporary signs. Temporary window signs displayed for up to 15 days not more than once per calendar quarter do not require a permit; temporary window signs displayed for a longer or more frequent period or periods, up to a maximum of 30 consecutive days, require a sign permit.

f. Modifications. The Director may authorize modifications to these provisions to allow for additional window signage, number of window signs, or other similar modifications through an administrative permit.

[Figure]

(14) Temporary signs. Except as allowed by this chapter, temporary signs are prohibited. Temporary signs shall not be illuminated unless approved by the Town for public safety. The application for temporary sign permits shall include the dates proposed by the applicant for use or display of the sign. See Table 17.48.090(N) for a summary of standards and permit requirements for temporary signs.

a. Banners.

1. Size. Banners shall not exceed 20 square feet except as otherwise provided in this subsection.

2. Design. A banner shall not be overly bright, distracting, or disharmonious with the building to or property on which it is displayed.

3. Deposit. A deposit may be required by the Director for a temporary sign permit for a banner. The deposit may be revoked if the temporary banner is not removed within two days following the end of the approved duration of display.

4. Grand opening banners. Grand opening banners for newly established businesses may be allowed for a period of no longer than 30 consecutive days.

5. Across the street banners.

(i) Banners shall be associated with a civic, community, educational, or cultural event and shall contain no commercial or advertising copy.

(ii) Banners shall be approved by the State or Town through an encroachment permit or other necessary permits.

(iii) Across the street banners shall be limited to Main Street/State Route 203, Old Mammoth Road commercial district, and the following street segments in the North Village Specific Plan: Minaret Road north of Main Street and south of Forest Trail, Canyon Boulevard, and Lake Mary Road.

(iv) Banners shall be displayed for a period of no less than seven days and no more than 21 days.

(v) Banners shall be installed in an approved location by the State or Town.

(vi) Banners shall be the minimum size necessary to accomplish the intended use and may exceed 30 square feet if approved by the Director.

(vii) The Town may charge a reasonable fee to cover the cost of installing and removing the banner, as determined by resolution of the Council.

[Figure]

b. Community event signs.

1. Community event signs shall not be subject to sign permit fees.

2. Signs may be permitted off-site subject to the approval of the Director and the owner of the property on which the sign would be located. Signs may be permitted within the Town or State right-of-way consistent with Section 17.48.080(2)d.2.

3. Signs may be larger than 30 square feet, subject to the Director's approval.

4. Signs may include temporary portable informational and directional signs, banners, or other types of signs as approved by the Director.

c. Portable signs. The use of small portable signs is allowed within all zoning districts with the exception of the OMR and D Districts, subject to the following requirements.

1. One portable sign may be allowed on-site in addition to all other permanent signs allowed for the business or activity.

2. Five additional off-site portable signs for a given business or activity may be located within the Town right-of-way subject to approval of an encroachment permit by the Director and Town Engineer, provided they do not interfere with vehicular or pedestrian movement or wheelchair access to, through, and around the site on which the sign is located. A minimum access width of six feet shall be maintained along all sidewalks and building entrances accessible to the public. The Town Engineer may require additional minimum access width for high-use pedestrian areas.

3. Portable signs shall not be located within the State's right-of-way, except where permitted under State law. Signs within 660 feet of a State highway shall comply with the Outdoor Advertising Act, Business and Professions Code § 5200 et seq.

4. Portable signs shall not encroach into required parking areas, shall not obstruct pedestrian traffic, and shall not create traffic hazards.

5. There shall be at least 50 feet between portable signs.

6. Portable signs are limited to six square feet per side and shall be no taller than four feet.

7. Portable signs are only allowed on Thursdays, Fridays, Saturdays, Sundays, and Federal or State holidays, between 8:00 a.m. and dusk, for no more than ten hours per day. However, in no case shall a portable sign be displayed during non-business hours.

8. Portable signs located on-site shall be counted towards the maximum cumulative display periods and total sign area allowed for temporary signs.

9. All businesses with portable signs shall indemnify and hold harmless the Town from any action or expense that may occur as a result of a portable sign being located on any sidewalk or Town right-of-way, satisfactory to the Town Attorney. Portable signs for any business that fails to indemnify the Town shall be deemed illegal, nonconforming, and shall be removed.

10. Portable signs shall be constructed of durable, weather-resistant materials, and shall be professional in appearance at all times.

11. A sign permit is not required for a portable sign that is consistent with the requirements of this subsection, unless the sign would be located within the Town's right-of-way as allowed by Subsection (b) of this section.

12. Signs shall be maintained in compliance with Section 17.48.080(1).

d. Real estate development signs.

1. One real estate development sign shall be allowed for each development site.

2. A real estate development sign shall be removed at or before expiration of the entitlement permits for the site (e.g., use permit, tentative map, etc.). However, if a building permit is issued for the site, the real estate development sign may remain and shall be treated as a site construction sign.

e. Site construction signs.

1. One site construction sign shall be allowed for each development site.

2. A site construction sign may be displayed after the issuance of a building permit for the site and shall be removed at or before final building inspection or the issuance of a Certificate of Occupancy. If the building permit expires, the sign shall be immediately removed.

Table 17.48.090(N). Standards For Temporary Signs

Notes:

1. See this section and Section 17.48.040.

2. No business shall have more than one banner sign displayed at any one time (Subsection (1) of this section).

3. Additional signage may be allowed for the second frontage consistent with Section 17.48.080(3)c.

4. Permanent and temporary window signs shall not exceed 25 percent of window area without the approval of an administrative permit (Section 17.48.090(14)b).

(Code 1990, § 17.48.090; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 11), 1-21-2015; Ord. No. 18-03, § 4(exh. B, a.), 6-20-2018)

In addition to the standards in this section, each sign shall also comply with Section 17.48.080, Section 17.48.090, and all other applicable provisions of this chapter. Temporary signs are addressed in Table 17.48.090(N).

(1) Residential zones. Each sign in a residential zone shall comply with the following requirements contained in Table 17.48.100(A).

Table 17.48.100(A). Sign Standards for Residential Zones

Notes:

1 Additional signage may be allowed for the second frontage consistent with Section 17.48.080(3)c.

2 More than one monument sign may be allowed consistent with Section 17.48.090(8)a.

3 Additional monument sign height may be allowed consistent with Section 17.48.090(8)c.

(2) Nonresidential zones. Each sign in nonresidential zones shall comply with the following requirements contained in Table 17.48.100(b):

Table 17.48.100(B). Sign Standards for Nonresidential Zones

Notes:

1 See Sections 17.48.090 and 17.48.040.

2 Copy on an awning that does not exceed six inches in height and consistent with Section 17.48.090(1) is not counted towards total allowable sign area or number.

3 Additional signage may be allowed for the second frontage consistent with Section 17.48.080(3)c.

4 More than one monument sign may be allowed consistent with Section 17.48.090(8).

5 Signs shall be allowed on sides of buildings or businesses not considered as business frontage consistent with Section 17.48.080(2)c.

6 Additional monument sign height may be allowed consistent with Section 17.48.090(8)c.

7 Signs count towards the maximum number of signs allowed.

(3) Airport Zone. All signs in the airport zone shall conform to the airport layout plan and Federal Aviation Administration requirements, as well as this chapter.

(Code 1990, § 17.48.100; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 12), 1-21-2015; Ord. No. 18-03, § 4(exh. B, b.), 6-20-2018)

(a) Variance. A variance shall be processed in compliance with Chapter 17.72.

(b) Adjustment. An adjustment may allow for an increase of not more than ten percent of the allowed height or area of a sign. Adjustments to the sign height or area provisions of this chapter shall be processed in compliance with Chapter 17.76.

(c) Master sign program exceptions. A master sign program exception in compliance with Section 17.48.050(d) shall not require a variance or an adjustment.

(d) Additional finding. In addition to the findings required by Chapter 17.72 or Chapter 17.76, a finding shall also be made prior to approval of a sign variance or adjustment that the sign meets the purpose and intent of this chapter and any applicable master sign program.

(Code 1990, § 17.48.110; Ord. No. 14-02, § 4, 3-19-2014)

(a) Applicability. The provisions of this section apply to any permanent or temporary sign, including its physical structure or its supporting elements, which was lawfully erected and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation, but which does not now comply with the provisions of this chapter.

(b) Allowed modifications to nonconforming signs.

(1) Except as otherwise provided herein, a nonconforming sign may be continued and shall be maintained in good condition as required by this chapter.

(2) Sign copy and face changes, non-structural modifications, and non-structural maintenance (e.g., painting and rust removal) are allowed so long as there is no alteration to the physical structure or support elements of the sign. Changes to sign copy and face require a sign permit.

(3) A nonconforming sign may be restored if 50 percent or less of the sign is destroyed, provided that restoration is started within 90 days of the damage occurring and is diligently pursued to completion.

(c) Prohibited modifications to nonconforming signs. A nonconforming sign shall not be:

(1) Changed to another nonconforming sign;

(2) Structurally altered to extend its useful life;

(3) Altered unless required by law or unless the alteration results in the elimination of the nonconformity;

(4) Enlarged;

(5) Moved or replaced; or

(6) Re-installed after facade improvements that required the removal of the sign during construction.

(d) Exception. The Commission may grant an exception to the requirements of Subsection (c) of this section only after the following findings are made:

(1) The new proposed sign or alteration to the existing nonconforming sign is significantly more conforming to the provisions of this chapter than the existing nonconforming sign; or

(2) The nonconforming sign has historic significance apart from its main purpose of advertising, in which case a use permit shall be required for continued use of the nonconforming sign in compliance with Chapter 17.68.

(e) Abandoned nonconforming signs. An interruption in the use of a nonconforming sign for a period of 90 days or more shall be deemed to be an abandonment of the sign consistent with and subject to Section 17.48.130.

(f) Amortization of nonconforming signs and inventory. All nonconforming signs shall have a useful and legal life of 15 years, after which they may be removed in compliance with the requirements of the State Business and Professions Code. As often as may be desirable, but no less frequently than required by State law, the Director shall authorize an identification and inventory of all illegal and abandoned signs within the Town in accordance with the requirements of State law.

(g) Removal or modification of nonconforming signs to comply with this chapter. A nonconforming sign shall be removed or modified to comply with this chapter if the following occurs:

(1) More than 50 percent of the sign is destroyed, and the destruction is other than facial copy replacement. A nonconforming sign shall be deemed to be more than 50 percent destroyed if the estimated cost of reconstruction or repair exceeds 50 percent of the replacement cost as determined by the Director. Destruction may be voluntary or required by law;

(2) The sign is remodeled or altered in a manner not in compliance with this chapter;

(3) A structural change is made to the sign or sign structure or support elements;

(4) The sign is temporary;

(5) The sign is moved or relocated, except where the relocation occurs as a result of a Town public improvement project;

(6) The sign is or may become a danger to the public or is unsafe; or

(7) The sign constitutes a traffic hazard not created by the relocation of streets or by acts of the Town.

(h) Special topographic circumstances. The Town shall not require the removal of any nonconforming sign on the basis of its height or size by requiring conformance with this chapter if special topographic circumstances would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate with the public through the use of the sign. Special topographic circumstances include, but are not limited to, terrain, contours, off-site structures, streets, and other off-site impediments as determined by the Director. Under these circumstances, the owner or user may maintain the sign, including change of copy, at the business premises and at a location necessary for continued public visibility at the height or size at which the sign was previously erected consistent with Business and Professions Code § 5499.

(Code 1990, § 17.48.120; Ord. No. 14-02, § 4, 3-19-2014)

(a) Any sign, including the structural support, which was lawfully erected shall be removed by the owner or lessee of the premises upon which the sign is located, when for a period of 90 days or more, the activity, product, business, service, or other use which is being advertised or identified has ceased, the premises has been vacated, or the sign is no longer displayed on the sign structure.

(b) If the owner or lessee fails to remove the sign, including the structural support, pursuant to Subsection (a) of this section, the Director shall give the owner 30 days' written notice to comply. Upon failure to comply with the notice, the Director may have the sign removed at the owner's expense consistent with Business and Professions Code § 5497.b.

(Code 1990, § 17.48.130; Ord. No. 14-02, § 4, 3-19-2014)

A sign that fails to comply with the requirements of this chapter, other applicable State statutes, or Town ordinances, or for which a sign permit has not been obtained in compliance with this chapter, shall be declared a public nuisance and subject to abatement consistent with Chapter 17.128.

(Code 1990, § 17.48.140; Ord. No. 14-02, § 4, 3-19-2014)

• Signs illegally erected on public property or right-of-way; violation, removal, costs.

(a) Except as otherwise provided in this chapter, no person shall paint, mark, or write on; post or otherwise affix or erect; or construct, maintain, paste, nail, tack or otherwise fasten or affix any sign, including temporary signs, in the public right-of-way or on any sidewalk, crosswalk, curb, street, lamp post, pole, bench, hydrant, tree, shrub, bridge, electric light pole, power pole, or telephone wire pole, or any wire appurtenance thereof, or upon any street sign or traffic sign, or upon any other object located within the public right-of-way which is not maintained for the purpose of communications by signs of the general public.

(b) Temporary signs posted or erected in the public right-of-way may be summarily removed. Removed signs shall be taken to the corporation yard. After removal of any sign pursuant to this subsection, the Town shall attempt to notify the owner of the sign or other responsible party, if such can be ascertained, if the employee believes in good faith that the sign has monetary value. In cases where a sign contains the name of a printing firm, the employee shall also attempt to notify such firm of the fact that the sign has been removed, the location of the sign, the procedure for retrieving the sign, and the procedure for challenging the removal of the sign. Any person desiring to retrieve a sign may do so upon the payment of all amounts due under this section. Any temporary sign removed by the Town may be considered abandoned if it is not retrieved within ten calendar days after the date of such removal and may be disposed of by the Town without liability to any person.

(c) The cost of the removal of any sign pursuant to this section shall be borne by the actual responsible party. The cost of removal shall be the actual cost or the standard sign-removal cost set by resolution of the Council. For purposes of this section, any information that appears on a sign that is removed may be used to establish that the person or venue listed on the sign is the actual responsible party, including, but not limited to, information identifying the real estate broker, real estate brokerage firm, real estate agent, or other person associated with the firm; the owner or lessee of property used for a commercial activity or event; or the sponsor or promoter of a sporting event, concert, theatrical performance, or similar activity or event.

(d) Violations of this section may be prosecuted or addressed through any process or procedure established or allowed by this chapter or applicable law.

(Code 1990, § 17.48.150; Ord. No. 14-02, § 4, 3-19-2014)