Salinas Municipal Code Div. I Generally

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Approved Plastic Material. Approved plastic material is one which the building official has found to be suitable functionally for the purpose for which it is offered, which burns no faster than two and one-half inches per minute in sheets sixty-thousandths of an inch in thickness when tested in accordance with Uniform Building Code standards, or which is not consumed in less than two minutes when tested in accordance with Uniform Building Code standards, the thickness of the plastic material to be determined by Uniform Building Code standards.

Building Line. Building line is a line established beyond which no building may extend. A building line may be a property line, an established plan line, or a setback line as required in the zoning ordinance.

Combination Sign. Combination sign shall mean any sign incorporating any combination of the features of ground, projecting, roof, vertical, and horizontal signs.

Construct. Arrange, design, alter, convert, use, maintain, erect, install, apply, attach, affix, paint, draw, print, and carve.

Curb Line. The line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the city engineer. The area inside the curb line shall be that area between the curb line and the nearest right-of-way line.

Electric Sign. Any sign containing electrical wiring, but not including signs illuminated by an exterior light source.

Freeway. Any 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. The term "freeway" shall include any limited access parkway, expressway, or throughway, and shall include all such mapped highways not in existence but which are presently in the course of construction, or the route for which has been officially adopted or designated by an appropriate governmental agency for construction in the city.

Gross Area. The total surface area of that part of a sign or sign structure that carries any sort of written or graphic material or in any way conveys a message; if a sign or sign structure has two or more surfaces in use for such purposes, the gross area is the sum of the areas of all such surfaces.

Ground Sign. A sign which is supported by one or more uprights, poles, or braces in contact with the ground.

Horizontal Sign. A projecting sign of which the dimensions in length exceed the dimensions in height or on which the advertising or other message is predominantly horizontal in nature.

Incombustible Material. Any material which will not ignite at, or below, a temperature of one thousand two hundred degrees Fahrenheit during an exposure of five minutes, and which will not continue to burn or glow at that temperature. Tests shall be made as specified in Uniform Building Code standards.

Limited Access Highway. Any highway, any right of access to which has been transferred by any property owner to an appropriate public agency and access to which is thereby controlled by that agency.

Mapped Highway. Any highway which is laid out, surveyed, and delineated on a map of such size, scale, and detail that the exact location on the ground which the highway is to occupy can be ascertained.

Marquee. A permanent roofed structure attached to and supported by a building and projecting over public property.

Nonstructural Trim. The molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure.

Sign. Outdoor advertising sign, outdoor advertising structure, and sign structure.

Outline Lighting. Outline lighting shall mean any installation of electric lights or luminous tubes forming characters, letters, figures, designs, or outlines, for advertising or illumination and placed upon the face of any building or structure and not an integral part of any sign.

Permitted Use. Any use permitted by the zoning ordinance.

Plastic Materials. Those made wholly or principally from standardized plastics listed and described in Uniform Building Code standards.

Pole Sign. Any sign attached to or supported by a pole or poles. Such pole or poles shall be installed only on private property and shall be supported by a rigid foundation at ground level.

Projection. The distance by which a sign extends over public property or beyond the building line.

Roof Sign. A sign erected upon or above a roof or parapet of a building or structure.

Sign Structure. Any structure erected for advertising purposes, or upon which an advertising sign may be placed, and includes all supports, uprights, braces, and framework thereof.

Structure. Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

"V" Sign. Any sign of which the apex of two non-parallel advertising surfaces projects from the surface of the building to which their ends are attached.

Vertical Sign. A projecting sign of which the dimensions in height exceed the dimensions in depth and which advertising message is predominantly vertical in nature.

Visibility of Signs. A sign shall be considered visible from any point if the horizontal extension of the vertical plane of any advertising surface makes an angle of less than one hundred and twenty degrees with the vertical plane through the centerline of the street on which such point is located measured in the direction of traffic movement, or less than thirty degrees measured opposite from the direction of traffic movement.

Wall Sign. Any sign, letter, device, or electrical lighting, attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall.

(Ord. No. 1020 (NCS), § 3; Ord. No. 1068 (NCS), § 1; Ord. No. 1488 (NCS), § 1A; Ord. No. 2149 (NCS), § 1.)

No sign or sign structure shall be erected in the city without first complying with the provisions of this article.

(Ord. No. 1020 (NCS), § 13.)

(a) The building official shall require the filing of plans and specifications when he deems it necessary to insure compliance with these provisions.

(b) The building official may require such plans and specifications to be prepared and designed by a licensed engineer or architect.

(Ord. No. 1020 (NCS), § 14; Ord. No. 2149 (NCS), § 1.)

A building permit shall be required for the erection of any sign or sign structure; provided, however, that a building permit shall not be required for a self-supported sign less than six feet in height. An electrical permit shall be required for all structural wiring necessary for the installation of any sign or sign structure.

(Ord. No. 1020 (NCS), § 15.)

Cross reference— As to buildings, see Ch. 9 of this Code. As to electricity, see Ch. 11.

(a) All signs and sign structures shall be subject to inspection by the building official.

(b) Building inspection shall be required for all ground signs.

(c) Electrical signs may be inspected before erection.

(Ord. No. 1020 (NCS), § 16; Ord. No. 2149 (NCS), § 1.)

(a) No sign or sign structure shall be maintained in disrepair. All signs and their supports, braces, guys, and anchors shall be kept in repair and in a proper state of preservation. Failure to maintain signs and sign structures to the satisfaction of the building official shall be sufficient cause for requiring temporary removal of such signs and sign structures or in the case of disrepair in lighting equipment of signs and sign structures for requiring cessation of lighting of the affected unit or of all units until such repairs are completed.

(b) The building official shall notify the owner in writing to repair or remove such sign or sign structure, and upon failure of such owner to repair or remove the sign or sign structure within ten days after such notification, the building official is authorized to cause the removal of such sign or sign structure, and any expense incidental thereto shall be paid by the owner of the building or structure to which such sign is attached, or, if the sign is not attached to a building or structure, by the owner of the sign or the property on which the same is located.

(Ord. No. 1020 (NCS), § 36; Ord. No. 1068 (NCS), § 6; Ord. No. 2149 (NCS), § 1; Ord. No. 2201 (NCS), § 1.)

No sign not pertaining to an existing permitted use on the property on which such sign is located shall be erected in the city unless and until the name and address of the person responsible for the erection and maintenance of such sign shall be placed and maintained on such sign, and such identification shall be easily legible from five feet above finish grade; except that any person actively engaged in business in the city, the address of which is on file with the city clerk, may satisfy the requirements of this section by placing the name only of such person on such sign as herein provided.

(Ord. No. 1020 (NCS), § 37.)

Nothing contained in this article shall be construed as authorizing the existence or continuation of any nonconforming use, sign or sign structure, as the same is defined, restricted or prohibited by the zoning ordinance.

(Ord. No. 1020 (NCS), § 44.)

Cross reference— As to zoning, see Ch. 37 of this Code.

The requirements and regulations specified hereinbefore in this article shall be subject to the following exceptions, modifications and interpretations:

(a) Signs and Handbills. Public Plans Prohibited.

(1) No person shall attach any sign or handbill to or upon any street lamp post, hydrant, bench, tree, shrub, tree stake or guard, electric light or power or telephone or telegraph pole, or wire appurtenant thereof or upon any fixture of the fire alarm system, newsrack, street sign or traffic sign or upon any similar fixture located on or over any public property. No signs or handbills shall be posted in city parkways, as defined in City Code Section 30-28, except that noncommercial message signs may be placed on that portion of the parkway that lies between the property line and the sidewalk. The placement of such signs in the parkway as provided in this section shall not create a public nuisance or obstruction and shall require the consent of the owner of the abutting property line that is parallel to the curb. Such signs shall not be subject to the encroachment permit regulations of Chapter 30 of the City Code.

(2) Any sign or handbill found posted, or otherwise affixed upon or over any public property contrary to the provisions of this section may be removed by the police department, the community development department, the parks department or the department of public works. The person responsible for any such illegal posting shall be liable for the cost incurred in the removal thereof.

(3) Nothing in this section shall apply to the following:

(A) Official notices issued by any court or public body or officer;

(B) Notices posted by any public officer in the performance of a public duty or by any person in giving legal notice;

(C) Directional, warning or information signs or sign structures required or authorized by law or by federal, state, county or city authority;

(D) The installation of a metal plaque or plate or individual letters or figures in a sidewalk, or in a monument located on a sidewalk, commemorating an historical, cultural or artistic event, location or personality, for which the department of public works has granted an encroachment permit;

(E) Any other sign necessary to preserve the public health or safety, attached to any such fixture by the city or by a public utility owning or using such fixtures.

(4) Notwithstanding the provisions of this section, temporary signs, pennants and banners of a civic, charitable educational, municipal or religious nature may be placed on or over public streets, sidewalks and thoroughfares provided the person proposing such signing first obtains an encroachment permit from the director of public works. A temporary sign, pennant and banner is defined to be of a civic, charitable, educational or municipal nature if it promotes (a) an organization which is exempt from taxation pursuant to Internal Revenue Code Section 501(c)(3) or (b) an event which receives city sponsorship or city funding. The director shall be authorized to impose conditions on the permit including but not limited to size, placement, color, length of posting, indemnity and insurance or to the health and safety of the public generally.

(b) Flags and Decorations. Temporary flags and decorations may be suspended over the sidewalk in front of a building or premises upon holidays, election days and days of public parade or display, and the same shall be placed and secured in a manner satisfactory to the superintendent of streets and the building official, and shall be removed immediately thereafter.

(Ord. No. 1020 (NCS), § 46; Ord. No. 1994 (NCS), §§ 2, 3, 4; Ord. No. 2070 (NCS), § 1; Ord. No. 2149 (NCS), § 1; Ord. No. 2173 (NCS), § 1; Ord. No. 2201 (NCS), § 1; Ord. No. 2394 (NCS), § 1; Ord. No. 2427 (NCS), § 1; amended during 2-07 supplement.)

The provisions of this article shall not be construed to relieve from, or lessen, the responsibility of any person owning, maintaining, operating, constructing or installing any sign, clock or other device mentioned herein, for damages to life or property caused by any defect therein, nor shall the city, nor any agent thereof, be held as assuming any liability by reason of the inspection required herein.

(Ord. No. 1020 (NCS), § 47.)

No permit for any sign or sign structure shall be issued by any department, official or public employee of the city without requiring compliance with the requirements of this article, and any permit issued which does not comply with the requirements of this article shall be null and void. It shall be the duty of the building official to enforce the provisions of this article insofar as they pertain to the construction or maintenance of any sign or sign structure and the use of any property for a sign or sign structure.

(Ord. No. 1020 (NCS), § 48; Ord. No. 2149 (NCS), § 1.)

Any sign or sign structure constructed or maintained in violation of any of the provisions of this article is declared to be unlawful and a public nuisance, and the city attorney, upon direction of the council, shall commence proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps, and shall apply to such courts as may have jurisdiction to grant such relief, as will abate and remove such sign or signs structure and restrain and enjoin any person from constructing, maintaining or using any such sign or sign structure in violation of the provisions of this article. The remedies herein provided shall be cumulative and not exclusive.

(Ord. No. 1020 (NCS), § 50.)

Cross reference— As to the general penalty, see § 1-01.08 of this Code.