Chapter 19.80 — Noise Control

This Chapter establishes standards to reduce unnecessary, excessive and annoying noise and vibration in the City, maintain quiet in those areas which exhibit low noise levels, and implement programs aimed at reducing noise in those areas in the City where noise levels are above acceptable values.

A.

The standards and requirements contained in this Chapter shall apply to all areas within the City limits of Twentynine Palms.

B.

Exemptions. The following sources of noise are exempt:

1.

Temporary construction, repair or demolition activities between 7:00 a.m. and 7:00 p.m. except Sundays and federal holidays.

2.

During the months of May through September of each year, temporary construction, repair or demolition activities shall be permitted during the hours of 6:00 a.m. to 7:00 p.m.

All terminology used in this Chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. The following words, phrases and terms as used in this Chapter shall have the meaning as indicated below:

A.

A Weighted Sound Level. The sound level in decibels as measured on a sound level meter using the A- weighting network. The level so read is designated dBA.

B.

Ambient Noise Level. The composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

C.

Community Noise Equivalent Level (CNEL). CNEL is a noise rating scale. CNEL is similar to the LDN scale (see Day Night Noise Level, below) except that it includes an additional 5 dBA penalty for events that occur during the evening (7 p.m. to 10 p.m.) time period.

D.

Construction. Any site preparation, assembly, erection, substantial repair, alteration, or similar action, for or of public or private rights-of-way, structures, utilities or similar property.

E.

Cumulative Period. An additive period of time.

F.

Day Night Noise Level (LDN). A 24-hour, time-weighted annual average noise level. Time-weighted refers to the fact that noise which occurs during certain sensitive time periods is penalized for occurring at these times. In the LDN scale, those events that take place during the night (10 p.m. to 7 a.m.) are penalized by 10 dB. This penalty was selected to attempt to account for increased human sensitivity to noise during the quieter period of a day, where sleep is the most probable activity. LDN is composed of individual time segments which may be continuous or interrupted.

G.

Decibel (dBA). A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the ratio of the sound measured to the reference pressure, which is 20 micropascals.

H.

Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private rights-of-way surfaces, or similar existing development.

I.

Equivalent Noise Level (LEQ). The "energy" average noise level during the time period of the sample. It is a number that represents a decibel sound level. This constant sound level would contain an equal amount of energy as a fluctuating sound level over a given period of time. LEQ can be measured for any time period, but is typically measured for 15 minutes, 1 hour or 24 hours.

J.

Motor Vehicle. Any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under said Code, and all off-highway type motor vehicles subject to identification under said Code.

K.

Sound Level Meter. An instrument, including a microphone, an amplifier, an output meter, or frequency weighting networks, for the measurement of sound levels. Such instrument shall meet or exceed the

pertinent requirements for type S2A meters contained in the ANSI specifications for sound level meter, S1.4-1971, or the most recent revision thereof.

A.

Lead Agency. The Community Development Director shall designate a control program established by this Chapter. Such program may designate a specific staff person or persons to administer the noise monitoring and review on behalf of the City.

B.

Powers. In order to implement and enforce this Chapter and for the general purpose of noise abatement and control, the City shall have, in addition to any other vested authority, the power to:

1.

Conduct or cause to be conducted studies, research, and monitoring related to noise including joint cooperative investigation with public or private agencies, and the application for, and acceptance of, grants.

2.

Review all public and private projects which are likely to cause noise in violation of this Chapter and which are subject to mandatory review or approval by other departments. Such review may include, but shall not be limited to:

a.

Review for compliance with the intent and provisions of this Chapter.

b.

Require sound analyses which identify existing and projected noise sources and associated noise levels.

c.

Require the usage of adequate mitigation measures to avoid violation of any provision of this Chapter.

3.

Upon presentation of proper credentials, enter and/or inspect any private property, place, report or records at any time when granted permission by the owner or by some other person with authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon a showing of probable cause to believe that a violation of this Chapter may exist. Such inspection may include the administration of any necessary tests.

Notwithstanding any other provision of this Chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet enjoyment of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The factors which shall be considered in determining whether a violation of the provisions of this Section exists shall include, but not limited to, the following:

A.

The sound level of the objectionable noise.

B.

The sound level of the ambient noise.

C.

The proximity of the noise to residential sleeping facilities.

D.

The nature and zoning of the area within which the noise emanates.

E.

The number of persons affected by the noise source.

F.

The duration of the noise and its tonal, informational or musical content.

G.

Whether the noise is continuous, recurrent or intermittent.

H.

Whether the noise is produced by a commercial or noncommercial activity.

A.

Upon receipt of a signed complaint from a citizen or upon direction from the City Council, the City shall investigate the complaint. The investigation shall consist of a measurement of the offending noise and the gathering of data to adequately define the noise problem and shall include the following:

1.

Type of noise source.

2.

Location of noise source relative to complainant's property.

3.

Time period during which noise source is considered by complainant to be intrusive.

4.

Total duration of noise produced by noise source.

5.

Date and time of noise measurement survey.

B.

The following procedures shall be followed when taking noise measurements:

1.

Utilizing the A weighting scale of the sound level meter and the "slow-meter response" (use "fast" response for impulsive type sounds), the noise level shall be measured at a position(s) at any point on the receiver's property.

2.

In general, the microphone shall be located 4 or 5 feet above the ground, and 10 feet or more from the nearest reflective surface where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least 4 feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the measurement equipment utilizing an acoustic calibration shall be performed immediately prior to recording any noise data.

A.

Table 19.80.070-1 describes the noise standard for emanations from any source, as it affects adjacent properties:

Table 19.80.070-1

Noise Standards

• 1.Applies to indoor environment excluding bathrooms, toilets, closets and corridors.

• 2.Applies to single-family residential. Outdoor environment limited to private yard of single-family; normally this is a rear yard.

3.Applies to multi-family residential. Applies to first-floor patio area where there is an expectation of privacy (i.e., not a patio area which also serves as the primary entrance to the unit).

4.Standard recognizes that residential in mixed-use areas may be exposed to noise environments which may have late night noise and may change substantially from time to time.

5.Only applies to neighborhood parks where peace and quiet are determined to be of primary importance. Not applicable to urban parks or active parks.

B.

No person shall operate or cause to be operated any source of sound at any location or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level, when measured on any other property, either incorporated or unincorporated, to exceed:

1.

The noise standard for that receiving land use, as specified in Table 19.80.070-1, for a cumulative period of more than 30 minutes in any hour; or

2.

The noise standard plus 5 dBA for a cumulative period of more than 15 minutes in any hour; or

3.

The noise standard plus 10 dBA for a cumulative period of more than five minutes in any hour; or

4.

The noise standard plus 15 dBA for a cumulative period of more than one minute in any hour; or

5.

The noise standard plus 20 dBA for any period of time.

C.

If it is determined that the existing noise level exceeds any of the standards contained in SubSection 19.74.070.B (1-5) above, the allowable noise exposure standard for a new project may be increased by 5 dBA in each category.

D.

If the alleged offense consists entirely of impact noise or simple tone noise, each of the noise levels in Table 19.80.070-1 shall be reduced by 5 dBA.

The maximum permissible interior noise level for residential uses, generated from another property, as measured in a residential living area on the receiving property, shall be as specified in Table 19.80.080-1.

Table 19.80.080-1

Residential Interior Noise Limits

A.

No person shall unnecessarily make, continue or permit to continue prohibited noise and/or vibration as described herein. Any person(s) so doing shall be in violation of this ordinance.

B.

Operating, playing or permitting the operation or playing of any radio, television, sound system, drum, musical instrument or similar device which produces or reproduces sound:

1.

Between the hours of 10 p.m. and 7 a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line, except for cases in which an exception has been issued by the City.

2.

In such a manner as to exceed the levels set forth for public space in Table 19.80.070-1, measured at a distance of at least 50 feet from such device operating on a public right-of-way or public space.

C.

Using or operating for any purpose any loudspeaker system or similar device between the hours of 10 p.m. and 7 a.m. such that the sound therefrom creates a noise disturbance across a residential real property line, except for any noncommercial public speaking, public assembly or other activity for which an exception has been issued by the City.

D.

Offering for sale, selling anything, or advertising by shouting or outcry within any residential or commercial area of the City except by variance issued by the City. The provisions of this Section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses or other similar licensed public entertainment events.

E.

Owning, possessing or harboring any animal or bird which frequently or for long duration, howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential or commercial real property line. This provision shall not apply to public zoos.

F.

Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10 p.m. and 7 a.m. in such a manner as to cause a noise disturbance across a residential real property line.

A.

Vibration Standard. No ground vibration shall be allowed which can be felt without the aid of instruments at or beyond the lot line; nor will any vibration be permitted which produces a particle velocity greater than or equal to 0.2 inches per second measured at or beyond the lot line.

B.

Vibration Measurement. Vibration velocity shall be measured with a seismograph or other instrument capable of measuring and recording displacement and frequency, particle velocity or acceleration. Readings are to be made at points of maximum vibration along any lot line.

C.

Exempt Vibrations. The following sources of vibration are not regulated by this Code:

1.

Motor vehicles not under the control of an industrial use.

2.

Temporary construction, maintenance or demolition activities between 7:00 a.m. and 7:00 p.m. except Sundays and federal holidays.

Chapter 19.82 - Off-Street Parking and Loading[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 309, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.82, §§ 19.82.010—19.82.100, and enacted a new Ch. 19.82, §§ 19.82.010—19.82.080 as set out herein. The former Ch. 19.82 pertained to similar subject matter and derived from original codification.

A.

Encroachment into Right-of-way. Projecting signs shall maintain a 1-foot setback from any property line or public right-of-way.

B.

Minimum Clearance. The lowest edge of any projecting sign shall have a minimum clearance of 8 feet from grade.

C.

Maximum Height. The height of a projecting sign shall not project above the height of the structure to which it is attached. Architectural features of a building which project above the roof lines shall not be used in calculating the maximum allowable height of projecting signs.

D.

Sign Area. The maximum allowable sign area for a projecting sign is 50 square feet.

A.

Location. Roof signs shall be placed parallel to the roof line. A roof sign shall not project beyond the end of the building wall or edge of the roof. Architectural features of a building which project above the roof line shall not be used in determining allowable placement of roof signs. A roof sign may project above the roof line of the roof Section upon which such sign is placed, provided that it does not project a distance above such roof line exceeding 25 percent of the sign's sign height.

B.

Sign Area. The maximum allowable sign area for a roof sign is 100 square feet.

C.

Prohibited Roof Signs. Roof signs may not be mounted atop a flat roof.

19.88.120 - Wall Signs

A.

Location. A wall sign is only permissible if its exposed face is in a plane parallel to the plane of the wall to which it is attached.

B.

Sign Area. The maximum allowable sign area for a primary wall sign is 75 square feet if the business, industrial use, or institutional use has a street frontage of less than 200 lineal feet as measured along any street frontage. In the event the business, industrial use, or institutional use has a street frontage of more than 200 lineal feet, as measured along any street frontage, the maximum allowable sign area for a primary wall sign facing such street shall be 125 square feet.

C.

Projections:

1.

A wall sign may not project more than 18 inches from the wall to which it is attached.

2.

A wall sign may project above the height of the wall to which it is attached, provided that it does not project a distance above said wall exceeding 25 percent of the sign's sign height.

A.

Permit Requirement/Exemption. A Sign Permit shall not be required for banners, pennants, or streamers, or other signage used as public or commercial special event signs, except that a Sign Permit shall be required for the use or placement of inflatable signs or tethered balloons used as special event signs.

B.

Quantity. No more than two special event signs may be displayed by a business at any time.

C.

Placement. Except for tethered balloons and inflatable signs, special event signs shall not be placed in any location at which a primary or accessory sign could not be placed. Temporary special event signs may not be placed within the public right-of-way unless approved by the City Council, and are subject to issuance of an encroachment permit.

D.

Size. A special event sign shall not exceed 75 square feet in sign area.

E.

Time of Display. Temporary special event signs may be displayed for no more than 30 consecutive days, and shall be removed following completion of the display period or any partial period of display. Special event signs shall not be replaced for a minimum of 30 days following their removal.

F.

Appearance. Special event signs displayed for a commercial purpose that are determined by the Community Development Director or designee to be unsightly due to becoming tattered, faded, torn, or otherwise falling into disrepair are subject to the enforcement procedures set forth in Section 19.88.280 of this Chapter.

A.

Permit Requirements. A Sign Permit, approved by the Planning Commission, is required for the following signs:

1.

A permanent sign(s) with moving, animated, or rotating parts.

2.

A permanent sign where the messages alternate or otherwise change more than once in any 24-hour period.

3.

Signs with electronically flashing, moving or changing elements.

4.

On- or off-site signs containing a commercial message which are held or animated by a person whether on private or public property.

B.

Required Findings. In making a determination to approve moving, alternating, animated and flashing signs, the Planning Commission must make all of the following findings:

1.

Approval of the permit will not result in a substantial negative visual impact, detrimental to the health, safety, or welfare of the City or its residents.

2.

The proposed sign will not interfere with, or encroach onto or over, any property other than the property on which the sign is located.

3.

There are no traffic hazards created by the construction or operation of the proposed sign.

That construction, placement, and operation of the sign will not conflict with the purpose and intent of this Chapter.

The following signs are prohibited. Prohibited signs may be deemed a public nuisance and are subject to the enforcement procedures set forth in Section 19.88.280 of this Chapter:

A.

Portable Signs. Moveable or portable signs, including signs attached to or painted onto trailers or vehicles or parts thereof for the purpose of advertising a product, institution, or business when parked, stored or displayed within or visible from the public right-of-way in a manner intended to attract attention for advertising purposes. Parking, storing or displaying of such advertising on- or off-site in a fixed location in a prohibited manner for a period exceeding 72 hours shall be conclusively considered a violation of this ordinance. Permanent identification and/or magnetic or painted signs on vehicles used for delivery or sales of merchandise or rendering services of the advertised business or product when parked continuously in a designated parking space or loading zone on the property where the business is located is not a violation of this Section.

B.

Signs That Make Sounds. Signs that make sounds (excluding signs with speakers for communication with customers at businesses offering drive-through services).

C.

Signs That Interfere with Traffic. Signs, whether of commercial or noncommercial nature, that obscure, imitate or otherwise limit the effectiveness of traffic control signs or devices or that block motorists' line of sight.

D.

Signs with Obscene Content. Signs that show any statement or symbol of an obscene or unlawful nature or depict specified sexual activities or specified anatomical parts as defined by City Ordinance.

E.

Signs with Neon Lighting on Support Structures. Signs, whether commercial or noncommercial in nature, that have neon lighting on their support structures.

F.

Placed on Prohibited Locations. Commercial or noncommercial signs placed, mounted or erected in the public right-of-way, or on trees, utility poles, traffic signs or other public property, except where approved by the City Council.

G.

Signs Placed without Permission. Signs, whether commercial or noncommercial in nature, placed without permission of the property owner or tenant.

H.

Off-site Signs. Signs not located on the parcel upon which the advertised business or enterprise is located, other than those off-site directional signs, public information signs, real estate directional signs and/or outdoor advertising signs specifically authorized by the terms of this Chapter.

I.

Unsafe Signs. Any sign, regardless of whether commercial or noncommercial, constructed, erected, maintained or placed in a manner determined to be unsafe by the City Building Official.

J.

Painted Signs. Signs painted directly onto a parapet, roof, roof structure or wall.

K.

Noncurrent Signs. Signs that display commercial messages for a business that has ceased operations for 90 days or more. Notwithstanding the above, the structure of a noncurrent sign shall not be considered a sign for purposes of this Section so long as the sign area is covered, to the satisfaction of the Community Development Director, in a manner such that the sign's text (i.e., its commercial content) is not visible.

L.

Abandoned Nonconforming Signs. Signs which do not conform to the provisions of this Code which have not been used for 180 days or more and which were placed for a business, institution, or service which has been discontinued 180 days or more.

The following signs are exempt from the Sign Permit requirements contained in this Chapter and shall not be included in calculating allowable sign area and quantity:

A.

Drive-through Restaurant Menu Boards. Drive-through restaurant menu boards, not exceeding 30 square feet. Such exemption shall only apply to two such signs for any single business location and only for menu boards placed adjacent to a drive-through lane and oriented toward customers utilizing the drive-through.

B.

Drive-through Directional Signs. A maximum of three directional signs per business location, up to 4 square feet each in sign area, specifically for the purpose of directing motorists through a drive-through lane.

C.

Parking/Circulation Directional Signs. Signs with a sign area up to 4 square feet each, specifically for the purpose of directing motorists to parking/circulation areas.

D.

Pedestrian Walkway Sign. Pedestrian walkway signs with a sign area not exceeding 5 square feet, and having a minimum vertical clearance of 7 feet. Such exemption shall only apply to one such sign for any single business location.

E.

Sports/Recreation Fields. Signs located on publicly owned sports or recreation fields for the purpose of identifying sponsoring businesses.

F.

Business Logo Flag. One flag per business, attached to a flagpole, displaying a company/agency name and/or logo and not exceeding 32 square feet in size.

G.

Interior Courtyard Signs. Signs on private property located inside a building, courtyard, mall, and apartment complex or other similar structures, such that they are neither conspicuously visible nor readable to the unassisted eye from a public street or right-of-way, or from adjacent properties not under the same ownership.

H.

Street Address. Numbers and/or letters on a structure for the purposes of identifying a street address, up to a maximum of 4 square feet.

I.

Window Display Signs. Sign(s) affixed or placed on, in, or in front of a window.

J.

Signs Placed during Construction. One sign, up to 32 square feet in sign area, not exceeding an overall structure height of 8 feet, on a parcel for which construction of a commercial, industrial, or institutional project is imminent. Such sign shall be limited to announcement of the project to be constructed and other related information and shall be allowed for up to 180 days, or during such time a Building Permit remains active, whichever is longer and shall be removed prior to occupancy of the project.

K.

Flags of a state or nation. A flag may be displayed on a pole not exceeding 50 feet in height, or the maximum height as allowed by the applicable land use district, whichever is least restrictive. This exemption shall not apply to flags of a state or nation which exceed 50 square feet in size and which are determined by the Planning Commission to be placed or displayed in a manner to attract attention to a

commercial business. Placement of such flags shall require approval of a Sign Permit by the Planning Commission.

L.

Murals. Murals are an important part of the community character. As such, the City declares that murals are not signs but rather public art and are therefore excluded from the regulations of this chapter. Murals are of a noncommercial nature and shall not be used for commercial purposes. A mural does not include any of the following:

1.

Mechanically produced or computer-generated prints or images, including but not limited to digitally printed vinyl.

2.

Changing image murals.

M.

Signs placed in the public-right-of-way by a public agency on a temporary or permanent basis, and displaying information for the protection or benefit of the general public.

19.88.170 - Signs in Residential Land Use Districts

A.

Signs for Permitted Institutional Uses. Signs to identify a permitted institutional use may be permitted in a residential land use district. Specific sign standards such as sign type, height, area and placement will be regulated as part of the overall site review for the permitted institutional use, pursuant to the regulations for each use.

B.

Commercial Signs. Signs of a commercial nature are not permitted in a residential land use district except for real estate signs as permitted herein and signs that identify a permitted institutional use within the land use district.

C.

Residential Identification. Signs identifying a residential area or neighborhood, up to a maximum sign area of 32 square feet, and maximum height of 8 feet, are allowed. A maximum of one such sign per residential area or neighborhood is allowed.

One monument sign and one wall sign will be permitted per parcel for any approved industrial use in an industrial land use district.

19.88.190 - Real Estate Signs

A.

Placement. Real estate signs may be placed on any real property or structure that is for sale, rent or lease.

B.

Off-site Placement. Real estate directional signs may be placed off-site in any land use district subject to the standards for off-site directional signs contained in this Chapter.

C.

Projection into Public Right-of-way. No real estate sign or real estate directional sign shall project into any public right-of-way, or private street easement.

D.

Placement on Roof. No real estate sign or real estate directional sign may be placed on the roof of any building.

E.

Sign Area.

1.

The sign area of an on-site real estate sign shall not exceed 32 square feet.

2.

An on-site real estate sign may have a sign area of up to 6 square feet for each acre of unimproved land being advertised in excess of 1 acre, or 6 square feet for each 1,000 square feet of available improved commercial, industrial, office, or multiple family residential floor area, not to exceed 32 square feet in size.

F.

Sign Height. The sign height of a real estate sign shall not exceed 8 feet.

G.

Real estate signs and real estate directional signs having a sign area less of 32 square feet or less in size do not require a Sign Permit. All signs shall comply with the location and height standards of this Chapter. A building permit shall be obtained prior to installation if such permit is required pursuant to the Building Code.

H.

Removal. Real estate signs and real estate directional signs shall be removed within 15 days after the sale, rental or lease of the advertised property.

19.88.200 - Temporary Political Signs

A.

Consent. Temporary political signs may be placed on private property with the consent of the property owner(s), lessee or their authorized representative(s).

B.

Placement/Removal. Temporary political signs shall be removed within 10 days following the election for which the sign was placed. Any sign not removed within the 10-day period shall be considered abandoned and may be removed by the City at the candidate's expense.

C.

Responsibility. All political advertising material used in conjunction with temporary political signs shall indicate who is responsible for its production and/or placement.

A.

Location. Off-site directional signs for commercial advertising may only be permitted in nonresidential land use districts, on undeveloped property, along streets that are not designated scenic highways. No off-site directional sign may be located in such a manner as to obscure a mural. No such sign may be located within 50 feet of another off-site directional sign.

B.

Content. Seventy-five (75) percent of the sign area on any off-site directional sign shall be limited to the business or institution name and directional information useful to the traveling public to locate such business, product, service, or institution. As an auxiliary function, not more than 25 percent of the sign area of any off-site directional sign may contain nondirectional commercial content.

C.

Sign Dimensions. The width of the sign area of an off-site directional sign shall not exceed 8 feet.

D.

Sign Height. The sign height of an off-site directional signs may not exceed 8 feet.

E.

Sign Area. The sign area of an off-site directional signs may not exceed 32 square feet.

F.

Property Owner Permission. The applicant shall provide written verification from the property owner or his/her designee that placement of the sign is authorized at the proposed location. The applicant shall include the owner or tenant name, address and telephone number with the Sign Permit application.

G.

Quantity of Signs Allowed. No business shall have more than two off-site directional signs located within the City limits.

H.

Sign Applicant. The applicant for an off-site directional sign must be the owner or operator of the location to which the directions on the sign relate.

Off-site and on-site public information signs shall be permitted subject to the following standards:

A.

Approval. Each public information sign is subject to approval of a Sign Permit by the City Council, following Planning Commission consideration and recommendation at a noticed public hearing.

B.

Time. The sign display structure may be permanent or temporary, and the sign may be configured so that the messages displayed may be temporary or permanent.

C.

Length of Display. Except as otherwise allowed pursuant to this Section, placement of nonemergency information shall be limited to placement upon the sign display or structure for no more than 30 days preceding the event or activity, and must be removed within seven days following the event.

D.

Parties Eligible to Display. Governmental, historic, nonprofit organizations, and commercial entities may place information of a permanent or temporary nature upon an approved public information sign with the approval of the Sign Permit holder.

E.

Location. Each public information sign shall be located consistent with the sign standards for the district where the sign is located, or as otherwise approved by the City Council. A single public information sign shall be allowed on each right-of-way of an adjacent site or property owned by a public agency, or upon private property where there is a legally recorded agreement or contract between a property owner and public agency responsible for the sign.

F.

Sign Area and Height. A public information sign shall not exceed 100 square feet in sign area, nor a maximum height of 15 feet.

G.

Content. A public information sign may display information notifying the public of events or information of civic or community-wide historic, civic or cultural interest. On a public information sign a minimum of 50 percent of the display time shall consist of noncommercial information.

H.

Fee. A Sign Permit fee, as established by the City Council, shall be required for approval of public information signs.

I.

Conflicting Requirements. When the provisions of this Section conflict with any provisions of this Code, the approving authority shall apply the standard which appropriately addresses the specific requirements of the site, location, or purpose of the sign.

J.

Sign Applicant. The applicant or co-applicant for a permit for a public information sign must be a governmental agency, who shall also be the party responsible for compliance with the requirements of the Sign Permit.

A.

Approval. Outdoor advertising signs require approval of a Sign Permit at a noticed public hearing conducted by the Planning Commission.

B.

Location. Outdoor advertising signs may be permitted only along Twentynine Palms Highway in CC or CT land use districts, but not between Mesquite Springs Road and Desert Knoll Avenue. No outdoor advertising sign shall be located in a manner that it obscures a mural. Outdoor advertising signs may not be located within 3,500 feet of any other such outdoor advertising sign. Outdoor advertising signs may not be affixed on or over the roof of any building.

C.

Outdoor Advertising Act. Outdoor advertising signs shall comply in all aspects with the State Outdoor Advertising Act [Chapter 2 of Division 3 of the Business and Professions Code (Section 5200 et seq.) and the California Administrative Code, Title 4, Division 6].

D.

Sign Area. The sign area of an outdoor advertising sign may not exceed 240 square feet.

E.

Sign Height. The sign height of an outdoor advertising sign may not exceed 25 feet.

F.

Design. The design of an outdoor advertising sign shall be such that it is supported by only one steel post.

G.

Permit Requirements. A Building Permit is required for construction of an outdoor advertising sign. A copy of the current State Outdoor Advertising Permit must be submitted with the Building Permit application.

A.

Purpose and Intent. Businesses and public agencies desire to utilize advancements in technology which permit signs to change copy electronically. These technologies can impact adjacent areas and adversely dominate the environment in which they operate unless regulated in a reasonable and effective manner. The intent of this Section is to establish operating standards and regulations for signs which utilize digital or electronic display technologies in order to minimize the secondary negative effects that may accompany the unregulated use of digital signs, and to preserve the character and repose of adjacent properties, protect property values, and reduce traffic hazards caused by undue distractions of drivers and pedestrians.

B.

Definitions. For purposes of this Section, the words "wall sign," "digital sign," "freestanding sign" and "sign" shall have the same definitions as contained in this Chapter.

C.

Permits Required. The placement or installation of a digital or electronic message display sign shall require approval of a Conditional Use Permit by the Planning Commission, except that a public information sign shall require the approval of the City Council.

D.

Operational Standards for Digital Signs.

1.

A digital sign display or electronic message board may not change the display message more frequently than once every 15 seconds, with a transition period of 1 second or less.

2.

A digital sign display must have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the terms of this Section and the requirements of Chapter 19.78 (Lighting Standards).

The maximum brightness levels for digital signs shall not exceed 100 nits[2 ] or 0.2 foot-candles over ambient light levels measured within 150 feet of the source at any time. Certification must be provided to the City demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Reinspection and recalibration may be periodically required by the City in its reasonable discretion, at the permittee's expense, to ensure that the specified brightness levels are maintained at all times.

4.

Brightness of digital sign displays shall be measured as follows:

a.

At least 30 minutes following sunset, an appropriately calibrated meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or displaying black copy. The reading shall be made with the meter aimed directly at the sign area at the preset location. The sign shall then be turned on to full white copy to take another reading with the meter at the same location.

b.

If the difference between the readings is 100 nits[2 ] or 0.2 foot-candles or less, the brightness is properly adjusted.

E.

Other Requirements. The use, size and location of digital signs, shall comply with all applicable regulations and ordinances of the City. Where located adjacent to a state highway, a sign shall also comply with the requirements of state law.

A.

Applicability. On-site signs that identify a historic landmark or a historic structure of merit, as designated by the City of Twentynine Palms or the California or National Registers, are exempt from the regulations of this Chapter provided they do not exceed one such sign per parcel, a sign area of 20 square feet or a sign height of 8 feet.

B.

Permit Requirement for Larger Signs. Planning Commission approval of an Administrative Use Permit shall be required for signs in excess of the above limits and may only be approved if the Planning Commission finds that the sign is in keeping with the historical character of the site.

A.

Expansion. Legal nonconforming signs may not be expanded, moved or structurally altered to extend their useful life.

B.

Reestablishment. Legal nonconforming signs may not be reestablished after removal or damage of more than 50 percent of the replacement value. Replacement value shall be based on the cost of replacing the sign with a sign of a similar type as determined by the Building Official. A legal nonconforming sign that has been damaged or destroyed may be reestablished in the same type, manner, location and dimension when such sign has been damaged by an "act of God" or natural disaster, and where the subject sign was in legal and continuing use at the time it was damaged or destroyed.

C.

Removal Requirement. Legal nonconforming signs must be removed within 30 days of notice by the City that the sign or signs have suffered damaged, destroyed or abandoned, and may not be reestablished.

D.

Any sign not removed following appropriate notice as required by this Code shall be deemed a public nuisance and shall be subject to the enforcement procedures set forth in Section 19.88.280 of this Chapter.

Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals).

A.

General Provision. Any person, firm, corporation, or entity found to be in violation of any provision of this Chapter, or found to have caused, assisted in, or permitted any such violation, shall be guilty of an infraction. A separate offense or violation of this Chapter shall be deemed to have occurred for each day, or portion thereof, during which any violation of any provision of this Chapter is committed, continued or permitted by such person, firm, corporation or entity.

B.

Public Nuisance and Abatement. Any sign installed or maintained contrary to the provisions of this Chapter is deemed to be a public nuisance. Any sign deemed to be a public nuisance may be abated in accordance with the abatement procedures established in California Business & Professions Code Section 5499.1 et seq. or as otherwise provided by law.

C.

Multiple Violations. The third violation of this Chapter and any violation thereafter, by the same person, firm, corporation or entity constitutes a misdemeanor.

D.

Misdemeanor, First or Second Offense. Notwithstanding the foregoing, whenever the health, safety, or welfare of the community is at risk, any person, firm, corporation or entity may be charged with a misdemeanor for the first or second violation hereof at the discretion of the City Council or District Attorney.

E.

Misdemeanor with Concurrent Violation. Any person, firm, corporation or entity may be charged with a misdemeanor for any violation of this Chapter, at the discretion of the City Council or District Attorney, if cited concurrently for any other Municipal Code violation.

Chapter 19.90 - Dedications and Improvements

Chapter 19.150 - General Subdivision Provisions