Article 29 — Signs

*  Sections 9-4.2901 through 9-4.2911, codified from Ordinance No. 363, as amended by Ordinance Nos. 396 and 271-C.S., effective February 27, 1980, repealed by Ordinance No. 483-C.S., effective June 10, 1987.

The City recognizes that signs have an impact on the City's character and, when regulated and controlled, can facilitate clarity, orderliness, an increase in commerce and tax revenues, and aesthetic appeal resulting in a positive impression upon residents and visitors alike.

The purpose of this article is to permit such signs that will not, by their reason, size, location, construction, or manner of display, endanger the public safety, confuse, mislead, or obstruct the vision necessary for traffic safety, or otherwise endanger the public health, safety, and welfare; and to permit and regulate signs in such a way as to support and complement the land use objectives set forth in the General Plan and the other sections of this chapter to assist in the continuation of existing, and the introduction of new, commercial activities in architectural harmony with the existing and planned City, to provide that signs be tailored to individual businesses, and to encourage excellence in design which will provide signing compatible with the atmosphere of the City which attracts both residents and visitors.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a)

Abandoned sign. A sign which no longer directs, advertises, or identifies a legal business establishment, product, or activity on or off the premises where such sign is displayed.

(b)

Animated sign. Any sign which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting.

(c)

Awning. A shelter supported entirely from the exterior wall of a building and composed of non-rigid materials, except for the supporting framework.

(d)

Banner sign. A temporary sign composed of lightweight material, either enclosed or not enclosed in a rigid frame.

(e)

Billboard. See off-site sign.

(f)

Building face. All window and wall areas of a building in one plane elevation.

(g)

Bulletin board. A board, either freestanding or attached to a wall, on which temporary bulletins or notices are posted.

(h)

Canopy. A permanent, roof-like shelter extending from part or all of a building face and constructed of some durable material which may or may not project over a public right-of-way.

(i)

Changeable copy sign. A sign on which copy is changed manually or electrically.

(j)

Commercial. Anything made, done, or operated primarily for profit.

(k)

Construction sign. A temporary on-site sign identifying the persons, firms, or businesses directly connected with a construction project.

(l)

Development project sign. A temporary sign identifying a proposed development project or one under construction.

(m)

Directional sign. An on-premises incidental sign designed to guide or direct pedestrian or vehicular traffic for safety purposes. Examples include "Exit" and "Enter" signs, "No Parking" signs, and the like.

(n)

Exempt sign. A sign exempted from normal permit requirements.

(o)

Externally illuminated sign. A sign whose illumination is derived entirely from an external artificial source.

(p)

Flashing sign. An illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a non-constant illumination.

(q)

Freestanding sign. A sign erected to a freestanding frame or support mast or pole and not attached to any building.

(r)

Freeway. A highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands, or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the State.

(s)

Freeway, landscaped. A section of freeway, which section is now, or in the future may be, improved by the planting, at least on one side of the freeway right-of-way, of lawns, trees, shrubs, flowers, or other ornamental vegetation which shall require reasonable maintenance. Plantings for the purpose of soil erosion control, traffic safety requirements, the reduction of fire hazards, or traffic noise abatement shall not change the character of a freeway to a landscaped freeway.

(t)

Frontage, business. The horizontal length of a business facing a public way or containing a public entrance.

(u)

Frontage, street. The horizontal length of a lot or parcel of land along or fronting on a street or streets.

(v)

Ground sign. See freestanding sign.

(w)

Height of sign. Measured from the ground to the top of the sign or supporting structure (if freestanding), whichever is higher.

(x)

Historical marker. A sign erected by a recognized historical society or authorized body.

(y)

Incidental sign. A small sign pertaining to goods, products, services, or facilities which are available on the premises where the sign occurs and intended primarily for the convenience of the public. Examples include credit card signs, "open" signs, and the like.

(z)

Interior sign. A sign which is located on the interior of a building or structure and is not visible from any public property or any right-of-way open to the public.

(aa)

Internally illuminated sign. A sign which is provided with illumination from behind a transparent or translucent surface.

(ab)

Logo. A symbol, picture, or other graphic representation used by a commercial enterprise to consistently identify itself.

(ac)

Marquee sign. A sign attached to or supported by a canopy.

(ad)

Monument sign. A freestanding sign with a solid base.

(ae)

Moving sign. Any sign or device which has any visible moving part, visible revolving part, visible mechanical movement of any description, or other apparent visible movement achieved by electrical, electronic, or kinetic means, including intermittent pulsations.

(af)

Mural. A picture or decoration which is painted on, or otherwise applied directly to, an external wall for commercial purposes.

(ag)

Multi-unit development, commercial. A building or group of buildings comprised of two (2) or more businesses which development is planned, developed, owned, and/or managed as a unit which houses retail stores and/or related services and facilities or industrial uses.

(ah)

Multi-unit development, residential. A building or group of building comprised of two (2) or more dwelling units which development is planned, developed, owned, and/or managed as a unit.

(ai)

Nameplate. A sign which designates the name and/or address of a person, or persons, occupying a commercial premises.

(aj)

Nonconforming sign. A sign lawfully erected and legally existing on June 10, 1987, but which does not conform to the provisions of this article.

(ak)

Off-site sign. Also known as off-premises, billboard, and poster panels, a sign which advertises goods, products, services, or facilities not sold or located on the premises on which the sign is located.

(al)

Parapet or parapet wall. That portion of a building wall which rises above the roof.

(am)

Planning Administrator. The person charged with the administration and enforcement of appropriate provisions of this article. As used in this article, "Planning Administrator" shall mean the Planning Administrator or the Planning Administrator's designee.

(an)

Political sign. A sign which is designed to influence the action of voters to vote for or against any candidate, group of candidates, or measure in any national, State, County, district, or municipal election.

(ao)

Portable sign. A sign not permanently affixed to the ground or a structure on the premises it is intended to occupy.

(ap)

Projecting sign. A sign which is attached to, and projects from, the structure or building face and is not parallel to the structure to which it is attached.

(aq)

Public notice. A notice posted by a public officer in the performance of a duty or by any person for the purpose of giving legal notice, and a warning or informational sign required or authorized by government regulations.

(ar)

Public service information sign. A sign intended primarily to promote items of general interest to the community.

(as)

Real estate sign. A temporary sign pertaining to the sale, exchange, lease, or rental of land or buildings.

(at)

Roof line. The top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.

(au)

Roof sign. Any sign erected upon, against, or directly above a roof or top of or above the parapet of a building.

(av)

Sign. Any object, structure, symbol, display, banner, streamer, or other thing, with or without lettering, which is intended to, or does, identify or attract attention to any privately or publicly owned property or premises or is intended to inform the public of sales, rentals, leases, or other activities.

(aw)

Sign area. The space enclosed by the border or outer dimensions of the sign.

(ax)

Sniping. Affixing of advertising to a building, structure, or other surface without the consent of the owner or other responsible person authorized with control of the premises, excluding any posting by an authorized public officer or employee, or the giving of a notice required or authorized by law.

(ay)

Special events sign. A temporary sign advertising or pertaining to any special event of general public interest taking place.

(az)

Suspended sign. A sign which is suspended under an awning, canopy, porch, walkway covering, or similar covering structure.

(ba)

Temporary sign. A sign attached, applied, or suspended parallel to the interior of a window for a limited time, with the primary intention of being viewed from outside such window. Merchandise offered for sale shall not be considered a temporary sign.

(bb)

Vehicle display sign. Any sign affixed to a vehicle or trailer on a public right-of-way or public property unless the vehicle or trailer is intended to be used in its normal business capacity and not for the sole purpose of attracting people to a place of business.

(bc)

Wall sign. A sign which is attached to or erected against the wall of a structure and is affixed in such a way that the exposed face of the sign is parallel to the wall to which it is attached.

(bd)

Window sign. A permanent sign attached, applied, or suspended parallel to a window with the primary intention of being viewed from outside such window. Merchandise offered for sale shall not be considered a window sign.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

Unless otherwise provided by this article, the following signs shall be expressly prohibited:

(a)

No person, except a duly authorized public officer or employee, shall erect, construct, maintain, paste, paint, print, nail, tack, or otherwise fasten any card, banner, handbill, poster, sign advertisement, or notice of any kind, or cause or suffer the same to be done, on any curbstone, lamp post, pole, bench, hydrant, bridge, wall, tree, sidewalk, or structure in, upon, or across any public street, alley, place, or property, except as may be required or permitted by ordinance or law;

(b)

Signs, advertising structures, or merchandise displays placed upon or attached to the ground on any portion of the public street, sidewalk, right-of-way, except as permitted by Chapter 2 of Title 7 of this Code;

(c)

Snipe signs or sniping;

(d)

Animated, moving, or flashing signs;

(e)

Vehicle display signs;

(f)

Banners, pennants, searchlights, twirling signs, balloons, or other inflatable figures displayed for commercial purposes. Such signs may be permitted at the opening of a new business or for special events with prior approval of the Planning Administrator only for a total period not exceeding thirty (30) days. Banners across Highway 1 may be permitted as set forth in Administrative Policy No. 40;

(g)

Signs emitting audible sounds, odors, or visible matter;

(h)

Sandwich boards, A-frames, or portable or wheeled signs, unless used for real estate purposes;

(i)

Any sign which utilizes visible guy wires, angle irons, and iron frame structures, unless construction is otherwise impossible;

(j)

Roof signs;

(k)

Off-site signs, excluding real estate A-frames, and also excluding subdivision signs and other signs permitted by State law; and

(l)

Signs which have a design or lighting such that they might be mistaken for a traffic light or signal or are located so as to obstruct the view of, or conflict with, vehicular or pedestrian travel or with any traffic sign, signal, or traffic control device.

(§ 1, Ord. 483-C.S. eff. June 10, 1987; Ord. No. 769-C.S., § 5, eff. December 23, 2009)

Except as otherwise indicated, the following signs shall be exempt from the permit requirements of this article:

(a)

Automotive service station gasoline price signs shall require the approval of the Planning Administrator. The number and size of signs shall not exceed the minimum standards as set forth by the Department of Weights and Measures of the State;

(b)

Barber poles shall require the approval of the Planning Administrator;

(c)

Bulletin boards shall not exceed sixteen (16) square feet and shall require the approval of the Planning Administrator;

(d)

Construction signs shall be removed when the final occupancy permit is granted. The size shall not exceed thirty-two (32) square feet and shall be limited to one per site;

(e)

Development project signs shall require the approval of the Planning Administrator and shall be located on the subject property. The size shall not exceed thirty-two (32) square feet;

(f)

On-site directional signs shall require the approval of the Planning Administrator and shall be limited to four (4) square feet. Free-standing on-site directional signs shall be limited to four (4′) feet high. On-site directional signs attached to a wall shall be located no higher than (8′) feet above the ground level;

(g)

Incidental signs. The area of all such signs shall not exceed five (5) square feet per entrance;

(h)

Interior signs;

(i)

Historical markers shall require the approval of the Planning Administrator;

(j)

Holiday decorations commonly associated with any national, local, or religious holiday provided such decorations be displayed for a period of no more than forty-five (45) consecutive days or no more than ninety (90) days in one year;

(k)

Nameplates shall not exceed one square foot;

(l)

National or State flags shall not be illuminated, and flagpoles shall not exceed thirty-five (35′) feet, limited to two (2) flagpoles per site;

(m)

Political signs, see subsection (k) of Section 9-4.2906 of this article;

(n)

Public notices;

(o)

Public service information signs shall require the approval of the Planning Administrator;

(p)

Real estate signs shall be limited to one sign per property or business and shall not exceed six (6) square feet. Real estate signs shall be placed on the offered property and shall be removed within thirty (30) days after the sale, rental, or lease of the subject property. A-frames used for real estate purposes shall be allowed in addition to the limitations set forth in this subsection. Such signs shall be allowed off the site provided they are removed by sundown each day and are limited to the minimum number necessary for directional purposes. A-frames shall not be used to identify or advertise real estate offices or businesses;

(q)

Temporary signs, see subsection (f) of Section 9-4.2906 of this article;

(r)

Special events signs, see subsection (f) of Section 9-4.2903 of this article; and

(s)

Signs erected by a public agency, including, but not limited to, street signs, traffic signs, directional signs, and warning signs.

(t)

Short-Term Rental signs required pursuant to, and in compliance with, Section 9-4.4905(f) "Operation Requirements" are exempt from the permit requirements and provisions of this Article.

(§ 1, Ord. 483-C.S., eff. June 10, 1987; § 3, Ord. No. 901-C.S., effective September 10, 2025)

(a)

Unless otherwise provided in this article, no sign shall be erected, relocated, constructed, or altered within the City until a sign permit for the sign has been issued by the Planning Administrator.

(b)

Except as otherwise provided in this article, no permit shall be required for the erection of the signs listed in Section 9-4.2904 of this article.

(c)

An application for a sign permit shall be filed for approval with the Planning Administrator. The application shall be on a form provided by the City and shall require the applicant to submit a plan showing the location, size, shape, color, materials, copy, and type of illumination for each proposed sign and any other information as deemed necessary by the Planning Administrator. Each application shall be accompanied by a nonrefundable fee, the amount of which shall be as determined by the Council.

(d)

A sign permit shall not be issued by the Planning Administrator unless the proposed sign complies with the provisions of this article and, where required by this article, authorization for such issuance has been granted by the Commission.

(e)

Notwithstanding any other provision of this article, any sign which, in the opinion of the Planning Administrator, is proposed in a sensitive location or features a potentially controversial design may be referred to the Commission at the discretion of the Planning Administrator.

(f)

Upon the approval of a sign permit, the Planning Administrator may impose any condition deemed necessary to ensure that each proposed sign complies with the specific criteria and intent of this article.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

(a)

General.

(1)

All signs shall be subject to the applicable provisions of the Uniform Building Code as adopted and amended by the City.

(2)

Except as otherwise provided in this section, signs listed in Section 9-4.2904 of this article shall be exempt from the limitations for total sign area.

(3)

Except as otherwise provided in this section, the total permitted sign area for any building shall not exceed seventy-five hundredths (.75 or ¾) square foot of signage per one foot of lineal street frontage, except that an additional five-tenths (.5 or ½) square foot of permanent window sign area per one foot of lineal street frontage shall be permitted.

(4)

For a building with more than one street frontage, additional sign area may be permitted according to the formula set forth in subsection (3) of this subsection. Permitted sign area may not be transferred between frontages and shall be used only on the frontage which generates the permitted sign area, unless an exception is granted by the Commission as provided in Section 9-4.2913 of this article.

(5)

There shall be no limit to the number of signs allowed provided the size limitation set forth in subsection (3) of this subsection is not exceeded; however, there shall be no more than one freestanding sign for each premises.

(6)

An individual sign which exceeds 150 square feet shall require the review and approval of the Commission.

(7)

All signs shall be maintained in good repair. Where necessary, the repainting, repair, or replacement of defective parts to maintain a sign in its original, permitted condition shall not require additional permits or approvals.

(b)

Freestanding signs. Applications for sign permits to erect freestanding signs shall require approval by the Commission. The Commission may approve the application and authorize the Planning Administrator to issue a sign permit only when the Commission makes the following findings:

(1)

A freestanding sign is necessary for the business or businesses located on the premises to achieve a reasonable degree of identification; and

(2)

The sign is consistent with the intent and provisions of this article; and

(3)

The sign does not exceed the square footage set forth in subsection (3) of subsection (a) of this section; and

(4)

The sign does not exceed a height of twenty (20′) feet above the sidewalk or paved area over which it is erected.

(c)

Window signs. Window signs shall be subject to the size limitation of subsection (3) of subsection (a) of this section; however, in no case shall window signs cover more than twenty-five (25%) percent of the total area of all glazed vertical surfaces of a business.

(d)

Wall signs. Wall signs shall be subject to the size limitation of subsection (3) of subsection (a) of this section; however, in no case shall wall signs exceed ten (10%) percent of the building face to which the signs are attached.

(e)

Projecting signs.

(1)

Projecting signs shall be placed a minimum of eight (8′) feet above the ground level and shall not be located above the roof line of the building of which they are attached.

(2)

Projecting signs shall not project into or over a public right-of-way.

(3)

Projecting signs shall be subject to the size limitation of subsection (3) of subsection (a) of this section.

(f)

Temporary signs. A business may install and maintain temporary signs for the purpose of advertising a bona fide special sale or promotion the premises, subject to the following conditions:

(1)

Temporary signs shall be permitted on the interior side of a window only and shall not be permitted on the walls, posts, roofs, awnings, or any other exterior portion of a structure or building, except that temporary signs may be painted on the exterior side of a window.

(2)

No more than twenty-five (25%) percent of the total area of all glazed vertical surfaces of a business may be covered by temporary signs.

(3)

Temporary signs shall be removed within thirty (30) days after the date of their installation.

(4)

Temporary on-site and off-site signs pertaining to an activity or event of a public, nonprofit, charitable, or religious organization shall be allowed subject to the following conditions:

(i)

A sign permit from the Planning Administrator shall be required.

(ii)

Such signs may be located at a maximum of five (5) sites and shall be limited to one sign per site.

(iii)

Each sign shall be limited to a maximum size of thirty-two (32) square feet.

(iv)

The signs shall not be erected more than fifteen (15) days prior to the subject activity or event and shall be removed within forty-eight (48) hours after the activity or event.

(v)

The applicant shall submit a written statement of permission from the owner of the property upon which a temporary off-site sign is to be located.

(5)

Temporary garage sale and rummage sale signs shall be subject to the provisions of subsection (c) of Section 5-15.02 of Chapter 15 of Title 5 of this Code.

(g)

Murals. Applications for sign permits to erect murals shall require approval by the Commission. Murals shall not be subject to the size limitation of subsection (3) of subsection (a) of this section but shall be subject to the following conditions:

(1)

Murals shall be subject to the design criteria contained in the City's adopted Design Guidelines.

(2)

Any lettering or wording contained within or included as a part of a mural shall be subject to the size limitation of subsection (3) of subsection (a) of this section.

(h)

Awnings or canopy signs. Signs on awnings or canopies shall be subject to the size limitation of subsection (3) of subsection (a) of this section.

(i)

Suspended signs.

(1)

Suspended signs shall be subject to the size limitation of subsection (3) of subsection (a) of this section.

(2)

Such signs shall be located so as to provide clear and safe access to pedestrians who may pass under or near such signs.

(j)

Home occupation signs. Home occupation signs shall be subject to the provisions of Section 9-4.3111 of Article 31 of this chapter.

(k)

Political signs. Political signs shall be subject to the following conditions:

(1)

No political sign shall be placed or erected upon the property of another without first obtaining consent to do so from the owner or tenant of such property.

(2)

No political sign shall be posted in such a manner that it will obstruct the view of, or conflict with, vehicular or pedestrian travel or with any traffic sign, signal, or traffic control device.

(3)

No political sign shall be erected earlier than sixty (60) days prior to the election to which it relates.

(4)

The maximum size of political signs shall be thirty-two (32) square feet per face for any one sign.

(5)

Any political campaign committee or candidate who utilizes political signs shall register with the Building Official the name of a person within the political committee, or of the candidate, who shall be responsible for the political signs erected on behalf of, and by such committee or candidate, their placement, and their maintenance within the City. Such responsible person shall complete a registration form provided by the Building Official stating his name and address and agreeing to become responsible for such political signs.

(6)

All political signs shall be removed no later than the tenth (10th) day after the election to which they pertain. Political signs posted on behalf of candidates who have been successful in primary elections shall not remain posted for general election purposes, unless the general election is to be held not less than 100 days after the date of the primary election.

(7)

The removal of political signs no later than ten (10) days after the election, or when not posted in accordance with the provisions this section, shall be the responsibility of the responsible persons designated pursuant to subsection (5) of this subsection, the person who owns or placed the sign, and the owner of the property upon which such sign is posted.

(8)

A political sign not posted in accordance with the provisions of this article shall be deemed a public nuisance and may be removed by the Building Official or authorized representative and stored by the City.

(9)

If such sign is not retrieved within ten (10) days after the date of such removal, the sign shall be considered as abandoned and be disposed of by the Building Official.

(10)

Prior to the removal of a sign for nonconformity with this article; the Building Official shall give written notice to remove such sign to the property owner and responsible party, or persons who owned or placed the sign, at least five (5) days prior to its removal by the City.

(11)

If such sign has not been removed or brought into conformity within the provisions of this article within such period of time, the Building Official or authorized representative may remove such sign. The property owner, responsible party, and person who owned or placed the sign shall be responsible for the City's actual costs of removal, storage, and disposal.

(12)

The Building Official or authorized representative may summarily remove any political sign, regardless of where posted, which is an imminent peril to persons or property.

(13)

The provisions of this section shall not apply to political signs posted inside a building although visible from the exterior.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

(a)

A multi-unit development, as defined in Section 9-4.2902 of this article, shall be required to have an approved master sign program. In the case of a commercial multi-unit development which has lawfully existing signs on June 10, 1987, a master sign program shall not be required unless and until one or more of the signs in the development falls under the criteria set forth in subsection (b) of Section 9-4.2911 of this article. In such a case, the owner or other persons in charge of the subject development shall present a master sign program for approval. Each sign in the development which thereafter falls under the criteria set forth in subsection (b) of Section 9-4.2911 of this article shall be brought into compliance with the approved master sign program.

(b)

Applications for master sign program approval shall be filed as set forth in Section 9-4.2905 of this article. Such applications shall include the required information for each sign in the development. The Planning Administrator, or designee, at their discretion, may approve a master sign program if consistent with the provisions of this article. However, master sign programs approved by the Commission may not be changed without prior Commission approval.

(c)

In addition to the design criteria contained in Section 9-4.2910 of this article, each sign in the master sign program shall be compatible in character and in quality of design with other signs in the program.

(d)

No more than one freestanding sign shall be allowed for each multi-unit development, unless the Commission finds that more than one freestanding sign is necessary for reasonable identification.

(e)

A freestanding sign or signs within a multi-unit development shall be subject to the provisions of subsection (b) of Section 9-4.2906 of this article, except that additional sign area shall be allowed as provided in subsection (f) of this section.

(f)

In addition to a freestanding sign or signs, a commercial multi-unit development shall be allowed one sign for each business provided the sign area for each business shall not exceed seventy-five hundredths (.75 or ¾) square foot of signage per one foot of business frontage, and five-tenths (.5 or ½) square foot of permanent window sign area per one foot of lineal business frontage.

(§ 1, Ord. 483-C.S., eff. June 10, 1987, as amended by § IX (A), Ord. 613-C.S., eff. April 13, 1994)

(a)

The area of a sign shall be calculated to include all lettering, wording, and accompanying designs or symbols, together with any background material, surface, or color.

(b)

Where the sign consists of individual letters or symbols, the area shall be considered to be that of the smallest rectangle, circle, square, or triangle which can be drawn to encompass all of the letters or symbols.

(c)

In the case of double-faced or multi-faced signs, the advertising surface of each face shall be used in determining the sign area.

(d)

The structure supporting a sign shall not be included in determining sign area, unless the structure is designed in a way as to form part of the display or an integral background for the display.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

(a)

Except as provided elsewhere in this article, commercial sign copy shall be limited to the name, address, telephone number, and hours of operation of the business and the name of the principal goods sold, services provided, or activity conducted. This subsection shall not apply to changeable copy signs.

(b)

Sign copy may include a logo only when such logo is representative of the name of the business which the sign identifies or is that of a product or service which is a principal product sold or principal service conducted on the premises.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

(a)

In addition to the other provisions of this article, signs requiring a sign permit shall be subject to the design criteria for signs contained in the City's adopted Design Guidelines.

(b)

A sign permit shall not be issued by the Planning Administrator unless the subject sign is found to be consistent with the applicable design criteria contained in the City's adopted Design Guidelines.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

(a)

Any sign lawfully existing on June 10, 1987, or on the effective date of amendments to this article, which sign does not conform to the standards of this article shall be deemed a legal nonconforming sign and may be continued, except as provided in subsection (b) of this section.

(b)

A legal nonconforming sign shall be removed or brought into conformance with the provisions of this article within forty-five (45) days after the date of written notice if such sign meets any of the following criteria:

(1)

The sign's use has ceased, or the structure upon which the sign has been erected or which the sign identifies has been abandoned by its owner, for a period of ninety (90) days or more;

(2)

The sign has been more than fifty (50%) percent destroyed, and the destruction is other than facial copy replacement, and the sign cannot be repaired within sixty (60) days after the date of its destruction;

(3)

The sign is remodeled or otherwise altered, and such remodeling or alteration is other than solely a change in sign copy;

(4)

The sign is affected by expansion, enlargement, or remodeling of the building or land use upon which the sign is located;

(5)

The sign is relocated;

(6)

The sign is temporary;

(7)

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

(8)

The sign constitutes a traffic hazard not created by the relocation of streets or highways or by acts of the City or State.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

(a)

It shall be the responsibility of the owner of real property and/or every other person in possession or control of such property, or the signs posted thereon, to erect and maintain signs on such property in strict compliance with this article.

(b)

Whenever a sign is found to be in violation of any provision of this article, or any other ordinance or law, the Planning Administrator shall order in writing that such sign be altered, repaired, reconstructed, demolished, or removed as may be appropriate to abate such condition. For permanent signs, a registered letter shall be sent, and any work to be done shall be completed within fifteen (15) calendar days after the date of such letter, unless extenuating circumstances warrant additional time, in which case the Planning Administrator may specify additional time for the completion of the required work. For temporary signs, any work to be done shall be completed within five (5) calendar days after the date of the written order, unless otherwise specified by the Planning Administrator.

(c)

In the event a sign is not altered, repaired, reconstructed, demolished, or removed as so ordered by the Planning Administrator within the specified time frame, the owner or other person in possession or control of the real property upon which the sign is erected, and any person other than the owner who is in possession or control of the sign, shall be subject to a penalty or penalties as set forth in this section.

(d)

If the owner or other person in possession or control of the real property upon which such sign is erected fails to comply with the provisions of this article within the time frame specified by the Planning Administrator, the Building Official or authorized representative may cause such sign to be removed.

(e)

The owner or any other person responsible for any such illegal posting shall be liable for the actual costs incurred by the City in the removal, storage, and disposal thereof, and the Building Official or designated representative is authorized to collect such cost. With the exception of paper handbills, removed signs shall be stored by the City and the owner thereof, if known, notified of the removal. If such sign is not claimed within ten (10) calendar days after removal, the sign may be considered abandoned and disposed of by the Building Official.

(f)

Any sign or handbill found posted or otherwise affixed upon any public property contrary to the provisions of this article may be removed by the Building Official or authorized representative without prior notice according to the provisions of subsection (d) of this section. The person responsible for such illegal posting shall likewise be responsible for costs as set forth in subsection (e) of this section.

(g)

Any person, whether principal, agent, employee, or otherwise, violating the provisions of this article shall be guilty of an infraction and, upon conviction thereof, shall be punishable as set forth in Section 1-2.01 of Chapter 2 of Title 1 of this Code.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

The Commission, after a public hearing thereon, may grant an exception to the strict provisions of this article only when the Commission makes all of the following findings:

(a)

There are exceptional or extraordinary circumstances applicable to the property, building, or sign involved which do not apply generally to other property, buildings, or signs in the vicinity. Such circumstances may include the shape, size, location, or surroundings of the subject property or buildings or the type or design of sign involved;

(b)

That, owing to such exceptional or extraordinary circumstances, the literal enforcement of the specified provisions of this article would result in practical difficulty or unnecessary hardship not created by, or attributable to, the applicant or owner of the property;

(c)

The granting of such exception will not constitute a grant of special privilege inconsistent with the limitations imposed on other properties or buildings in the vicinity;

(d)

The granting of such exception will not be materially detrimental to the public welfare or materially injurious to property or improvements in the vicinity; and

(e)

The granting of such exception will not be inconsistent with the general purpose or intent of this article.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

The Commission shall hold a public hearing on each application for a sign permit requiring Commission approval, and notice of such hearing shall be given as set forth in Section 9-4.3302 of Article 33 of this chapter.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

(a)

In the event an applicant or any aggrieved person is not satisfied with the action of the Planning Administrator on the application for a sign permit, he may appeal to the Commission. Such appeal shall be governed by the procedures set forth in subsection (b) of Section 9-4.3804 of Article 38 of this chapter.

(b)

In the event an applicant or any aggrieved person is not satisfied with the action of the Commission on the application for a sign permit, he may appeal to the Council. Such appeal shall be governed by the procedures set forth in Section 9-4.3208 of Article 32 and accompanied by a fee as set forth in Section 9- 4.3602 of Article 36 of this chapter.

(§ 1, Ord. 483-C.S., eff. June 10, 1987, as amended by § 5, Ord. 630-C.S., eff. August 24, 1995)