Martinez Municipal Code Ch. 16.68 Nonconforming Signs

The purpose of this chapter is to provide for the maintenance, continued use and/or removal and replacement of signs not conforming to the regulations prescribed in this chapter and Chapters 16.20 through 16.64.

(Prior code § 10,202.0; Ord. 822 C.S. § 2, 1975)

Nonconforming signs lawfully existing on the date this chapter and Chapters 16.20 through 16.64 become applicable may be maintained without being made to comply with the requirements of this chapter and Chapters 16.20 through 16.64 except as otherwise provided in this chapter. Such nonconforming signs shall be altered or moved only after approval of a valid application thereof, except that no permit shall be required for the removal of a nonconforming sign. The term "alter" shall not be construed to apply to normal maintenance, upkeep or the changing of the advertising or the sign face.

(Prior code § 10,202.1; Ord. 822 C.S. § 2, 1975)

Within three years of April 18, 1975, the Planning Director shall compile a list of signs which as of said date do not conform to the provisions of this chapter, Chapters 16.20 through 16.64 and Titles 20 and 22 and shall notify owners of the nonconforming signs and the time within which same must be made to conform or be abated.

(Prior code § 10,202.2; Ord. 822 C.S. § 2, 1975)

Each nonconforming A-frame sign, portable sign, temporary sign, sign composed of flexible material or off-site sign containing 24 or less square feet per face, and each nonconforming sign painted on a building wall or painted on or attached to a motor vehicle or trailer, shall be removed or altered to conform to the provisions of this chapter and Chapters 16.20 through 16.64 within six months following April 18, 1975.

(Prior code § 10,202.3; Ord. 822 C.S. § 2, 1975)

All on-site and off-site subdivision signs not conforming to the provisions of this chapter and Chapters 16.20 through 16.64 shall be removed or altered to comply with these provisions within six months following April 18, 1975.

(Prior code § 10,202.4; Ord. 822 C.S. § 2, 1975)

A. Each and every existing free-standing sign which exceeds by more than 100 percent the maximum permissible height specified in this chapter, Chapters 16.20 through 16.64 and Titles 20 and 22 shall be removed or altered to conform to the provisions of this chapter and Chapters 16.20 through 16.64 not later than three years from April 18, 1975.

B. The Planning & Building Director may grant an exception to the owner of a free-standing sign which exceeds by more than one hundred percent (100%) the maximum permissible height specified in this chapter, Chapters 16.20 through 16.64 and Titles 20 and 22 for a period of time not greater than the period of time necessary to amortize the cost of the sign, for tax purposes, under Section 167 of the Internal Revenue Code. Request for such extension shall be supported by legal documents, sworn statements, affidavits or other documents clearly establishing a need for additional time beyond the standard three-year amortization period.

(Prior code § 10,202.5(a); Ord. 822 C.S. § 2, 1975)

Each and every existing sign which contains moving parts, flashing lights, animation or excessively bright lights shall be modified and altered to eliminate the movement, flashing or animation, or to reduce the level of lighting to an acceptable level within six months of April 18, 1975.

(Prior code § 10,202.5(b); Ord. 822 C.S. § 2, 1975)

A. Each non-conforming off-site sign shall be removed or altered to conform to the provisions of this chapter and Chapters 16.20 through 16.64 not later than August 16, 1978 or three years after such sign becomes non-conforming, whichever date is later.

B. The provisions of A above shall not apply to any sign made non-conforming that is not permitted to be removed under local regulations or laws without the payment of just compensation as required under the provisions of the California Outdoor Advertising Act which validly preempt the City's police power and other authority which has been granted to it by the State Constitution and/or general law; provided, however, that any off-site sign not permitted to be removed without the payment of compensation under such provisions of the Act shall be removed in the manner required by law, upon the adoption of a Resolution by the City Council authorizing the payment of such compensation, as may be required by law, for its removal.

C. Off-site signs existing pursuant to the provisions of subsection B above on or after the removal date set forth in subsection A above, may be approved by the City to be relocated in accordance with the provisions of this subsection. An application to relocate an existing sign may only be approved if all of the following criteria are met:

1. Signs may only be relocated to be within the Heavy Industrial (HI) district;

2. There must be a minimum distance of 2 miles between electronic non-accessory signs and 1,000 feet between non-electronic, non-accessory signs;

3. The relocated sign may not significantly impact any biological resources;

4. The applicant for a relocated sign must provide a geotechnical study and incorporate the recommended measures; and

5. All relocated signs shall be subject to a relocation agreement.

(Prior code § 10,202.5(c); Prior Ord. 822 C.S. § 2, 1975; Ord. 1059 C.S. § 4, 1986; Ord. No. 1364 C.S., § 1, 9/21/2011)

All nonconforming on-site signs shall be removed immediately upon the vacating of the premises by the occupant which the sign advertised, identified or otherwise pertained to.

(Prior code § 10,202.5(d); Ord. 822 C.S. § 2, 1975)

A. The sign control regulations contained in this chapter and Chapters 16.20 through 16.64 for the various land use districts should not be interpreted to prevent the placement of signs on nonconforming uses or buildings. The Board of Adjustments shall hear and decide upon all requests to identify nonconforming buildings and/or uses.

B. In making exceptions to the sign control regulations as provided in this chapter, and Chapters 16.20 through 16.64, the Board of Adjustments shall make the following findings that:

1. Strict adherence to the sign control regulations will not allow the proper functioning of the nonconforming use to which the owner thereof is entitled;

2. The exception will not exceed, or be more lenient than would be allowed if the land were zoned such that the use would be conforming;

3. The placement of the sign on the premises does not increase the degree of incompatibility of the nonconforming use with its environs.

(Prior code § 10,202.6; Ord. 822 C.S. § 2, 1975)

A. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product available for purchase by the public, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure or land upon which such sign may be found within thirty (30) calendar days after written notice is mailed by the building official.

B. Upon failure to comply with such notice within the time specified in such order, the building official is authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner of the building, structure or land on which such sign can be found.

(Prior code § 10,202.7; Ord. 822 C.S. § 2, 1975)

If the building official finds that any sign has been constructed or erected, or is being maintained in violation of the provisions herein, he shall give written notice of such conditions to the permittee, or in the absence of a valid permit, to the owner of the building, land or sign. If the permittee, or owner, as the case may be, fails to remove or alter the sign so as to comply with the standards herein set forth thirty (30) calendar days or less after such notice is mailed, such signs may be removed by the building official at the expense of the permittee or owner of the property upon which the sign is located.

(Prior code § 10,202.8; Ord. 822 C.S. § 2, 1975)

Any sign found to be unsafe and an immediate peril to persons or property may be removed summarily and without notice by the building official. The cost of such removal shall be assessed against the owner of the sign removed.

(Prior code § 10,202.9; Ord. 822 C.S. § 2, 1975)

Any sign erected upon public property in violation of the provisions herein may be removed or destroyed by the building official.

(Prior code § 10,202.10; Ord. 822 C.S. § 2, 1975)

The cost of the removal or alteration of any sign and any expense incidental thereto which by the terms of this section shall be paid by a permittee, sign owner, property owner or any other person, shall become a debt owing to the City for the collection of which the City may maintain civil action thereon in its own name.

(Prior code § 10,202.11; Ord. 822 C.S. § 2, 1975)

The Board of Adjustments shall have the authority to hear and decide appeals involving the administration of this chapter and chapters 16.20 through 16.64 by the building official when such appeals are based upon questions of the interpretation of the administration hereof.

(Prior code § 10,202.12; Ord. 822 C.S. § 2, 1975)