§ 19.88

Aesthetically pleasing signage improves the visual appearance of a community for visitors, residents, and persons engaged in commercial activities. The purpose of this Chapter is to assist in the maintenance and improvement of the City of Twentynine Palms, enhance business opportunities and preserve the City's aesthetic quality and character.

In addition to improving the appearance of the City's land use districts, the City seeks, with this Chapter, to promote public safety and reduce hazards to motorists and pedestrians.

With this Chapter it is also the City's goal to foster and encourage business in the City and encourage sound and aesthetic sign use and construction practices with the establishment of these nonarbitrary and nondiscriminatory standards and procedures for the regulation of signs.

This Chapter will allow for signage that will properly and effectively identify businesses, organizations, institutional establishments and enterprises in the City and result in an increase in property values in the City.

It is intended that this Chapter will also provide a means for the elimination of signs that are abandoned or no longer in use. The Chapter provides for a reasonable, timely and economically feasible transition without an undue financial burden on the City or its citizens.

The City does not intend to regulate noncommercial speech, nor is it the intent of this Chapter to regulate works of art, such as murals or statues, which do not or are not intended to advertise a commercial product, business or service. Accordingly, this Chapter shall not apply to noncommercial speech except to the degree its application to such speech is specifically set forth herein.

For purposes of this Chapter, the following definitions shall apply:

A.

Accessory Signs. A sign which is not intended to identify or advertise a specific business or institution, but instead is intended to advertise or identify a commodity or service or the location of a service on the site, that is offered by a business located on the same property as the sign.

B.

A-Frame Sign, Portable Sign, and Sandwich Board Sign. Portable signs capable of standing without support or attachment. Portable signs (e.g., H-frame) shall be considered accessory signs. A-frame sign means a one- or two-sided sign, hinged or attached at the top or side of the sign panels, identifying, advertising, or directing attention to a business, product, operation, or service sold or offered in the building on the property where the sign is located. A-Frame signs shall be securely anchored to the ground at all times when displayed.

A-FRAME SIGN

C.

Animated Signs. Signs with moving parts or messages, or so operating as to give a viewer the illusion of moving parts, images, or messages including revolving or whirling signs, commercial signs held and animated by a person, and wind signs are prohibited except as expressly authorized by this Chapter.

D.

Banner. Any cloth, bunting, plastic, paper, vinyl or similar material attached to any structure, pole, framing, or vehicle for the purpose of advertising or drawing attention to a business, product, institution, or service.

E.

Building Frontage. The lineal measurement of the actual building foundation (exclusive of patios or accessory structures as defined by the Uniform Building Code) on the side or sides of a building adjacent to a street right-of-way or along the main entrance when the building is not adjacent to a street right-ofway.

F.

Business Complex. Three or more business entities, located on one parcel or on contiguous adjoining parcels, of at least 1.5 acres, which have been deemed by the Planning Commission to be a business complex for purposes of signage.

G.

Business Complex Occupant Sign. Signs for individual occupants of a business complex.

H.

Business Complex Sign. An on-site freestanding or monument sign utilized in conjunction with a business complex.

I.

Digital or Electronic Sign. An electronic device or screen that represents information in visual form for the purpose of identifying, advertising, or directing attention to a business, product, operation, or service sold or offered in a building or on a property where the sign is located.

J.

Double-faced Sign. A sign which is a single structure designed with the intent that each side be viewed from opposite directions.

K.

Foot-candle. Unit of light density incident on a plane (assumed to be horizontal unless otherwise specified), and measurable with a luminance meter, aka light meter.

L.

Freestanding Sign. A sign, other than a monument sign, not attached to any building, and supported by nothing other than its own construction.

M.

Legal Non-conforming Sign. A sign that conformed to all applicable regulations when established but does not conform to the regulations of this Chapter.

N.

Monument Sign. A single or double-faced sign that is designed and constructed as part of, and placed onto, a monument base.

MONUMENT SIGN

O.

Multi-faced Sign. A sign which is a single structure designed with the intent that each side be viewed from different directions.

P.

Mural. A hand-produced work of visual art that is tiled, painted, or permanently adhered by hand directly upon, or affixed directly to, an exterior wall of a building and which does not contain a commercial message of any type.

Q.

Nit[2 ] . A term used to describe a metric unit of luminance. It is defined as candela per square meter (cd/m[2] ). The unit is based on the candela, the modern metric unit of luminous intensity, and the square meter.

R.

Off-site Directional Sign. An off-site sign for the purpose of providing directions to the location of a business, institution, service, event or activity located on a parcel other than the parcel upon which the sign is located.

S.

Off-site Sign. A commercial sign that is used to identify or advertise a commercial business, institution, service, event or activity located on a parcel other than that upon which the sign is located.

T.

Outdoor Advertising Sign. An off-site sign that is erected in the conduct of the outdoor advertising business (e.g., billboards).

U.

Painted Wall Sign. A sign that is painted onto a building surface. An artistic mural that is not intended to advertise, identify or promote a business, product or service is not a painted wall sign. Painted wall signs are not a permitted sign type.

V.

Pedestrian Walkway Sign. A sign hung from or on a canopy or like structure in such a manner as to hang over or adjacent to a pedestrian walkway, and oriented so as to direct a message to pedestrian traffic.

W.

Pennant/Streamer. Any cloth, bunting, plastic, paper, vinyl or similar material attached to a line or rope and displayed for the purpose of advertising or drawing attention to a business, product, institution, or service. Any similar advertising device that does not fit this definition shall be interpreted as a banner.

X.

Political Sign. See Temporary Political Sign.

Y.

Portable or Movable Sign. Any sign which is intended to be movable or capable of being moved, whether or not on wheels or other special supports, including but not limited to A-frame type signs. Portable or movable signs also include placards, signs, banners or similar devices attached to vehicles for advertising purposes, unless such devices are an integral part of such vehicle used in the normal course of business. This definition does not include real estate advertising signs or political signs.

Z.

Primary Sign. A sign intended to identify or advertise a specific business or institution located on the same property as the sign.

AA.

Primary Wall Sign. A wall sign intended to identify or advertise a specific business or institution located on the same property as the wall sign.

BB.

Projecting Sign. Single- or double-faced signs attached to a building which extends in a perpendicular

plane from the wall to which they are attached.

CC.

Public (Civic) Information Sign. A sign owned, operated, or leased by a government agency, where such agency is responsible for the oversight and/or administration of activities or services for the benefit of the general public. This definition excludes signs owned or controlled by publicly traded or for profit utilities. Public information signs must display information of general public interest or benefit, and may include commercial content.

DD.

Real Estate Directional Sign. A sign containing directional information about the location of property for sale, lease or rent.

EE.

Real Estate Sign. Sign advertising a property's availability for sale, lease or rent.

FF.

Roof Line. The highest point of a roof of any building. In cases where the roof of a building or structure has varying roof Sections of different height, each Section has a different roof line.

GG.

Roof Sign. A sign affixed to the roof of a building or structure.

HH.

Sign. Any device, display, fixture, structure, or object used to identify, advertise, display, direct or attract attention to an object, person, institution, organization, business, product, idea, service, event, or location by means of pictures, words, figures, designs, symbols, fixtures, colors, illumination, or projected images. Artistic murals that are not intended to advertise a product, business, service or event, are not considered signs.

II.

Sign Area. The area of the smallest rectangle enclosing all elements and ornamentation of a sign. The sign base or supports are not included in calculating sign area unless they form an integral part of the design of the sign. The base of a monument sign is not considered in calculating the sign area. In computing the area of a sign, the area of the largest surface viewable from any one direction at one time shall be calculated. In calculating the sign area for those signs having text that is painted, embedded, etched, or otherwise permissibly affixed to an architectural feature of a building (such as a wall, canopy, or parapet), such architectural feature shall not be considered.

JJ.

Sign Height. In the case of a freestanding or monument sign, sign height shall be the distance from the base of the sign at normal grade to the top of the highest component of the sign. Normal grade is the established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. For all other signs, sign height shall be the distance from the lowest point of the sign to the highest point of the sign, or any component thereof.

KK.

Special Event Signs. A sign of any type including banner, pennant, commercial flag, streamer, inflatable sign, tethered balloon or other similar object advertising a commercial or noncommercial event.

LL.

Temporary Political Sign. A sign used to promote a political view, candidate or issue in a specific election.

MM.

Temporary Sign. A sign displayed for a fixed, terminable length of time. Temporary signs are intended to be removed after the temporary purpose has been served. Included are for sale, lease or rent signs, political signs, service signs, special-event signs, construction signs, directional signs to special or temporary events and signs of a similar nature.

NN.

Wall Sign. A sign affixed to an exterior wall of a building or perimeter fence.

OO.

Window Sign. A sign painted onto, affixed to, or placed in or in front of a window so as to convey a message to persons outside the building.

19.88.030 - Permits

A.

Permit Purpose. The purpose of a Sign Permit is to ensure compliance with the provisions of this Chapter.

B.

Permit Required. Unless specifically excluded by this Chapter, a Sign Permit is required to erect, construct or otherwise place any sign conveying a message for a commercial, industrial, private or institutional use, service or product. A Sign Permit shall not be issued for any sign or sign structure that is not in compliance with this Chapter. A Sign Permit application shall include the following information, except where a modification of these requirements is determined by the Community Development Director as unnecessary to ensure compliance with the provisions of this Chapter:

The name, address and telephone number of the applicant and property owner.

2.

The address and accurate, detailed description of the precise location of the proposed sign.

3.

A scale diagram of the sign with the accurately calculated copy area.

4.

A visual sample of the colors to be used.

C.

Sign Permit Method of Review. Following submittal of a completed Sign Permit application, the approving authority shall render a decision to approve, conditionally approve or deny the permit based upon conformance to this Chapter.

D.

Building Permit Requirement. Approval of a Sign Permit does not preclude the necessity for obtaining building, electrical or other permits for signs where such other permits are required by the City or other regulatory agencies. A copy of the current valid Sign Permit shall be submitted to the City with application for any required Building Permit.

E.

Permit Fees. Sign Permit applications shall be accompanied by a permit fee, as established by City Council Resolution.

F.

Penalty. To obtain a permit for any Sign established without proper permits, the business owner or the person responsible for such permit shall pay a penalty equal to the permit fee for the sign in question, in addition to the appropriate Sign Permit fee.

G.

Exempt Signs. A Sign Permit is not required for the following signs:

1.

Noncommercial flags or emblems.

2.

Traffic or highway signs, or similar warning devices.

Legal notices required per law or ordinance.

4.

Utility company signs identifying conduits, cables, danger or other similar notices.

5.

Seasonal holiday displays and decorations.

6.

Memorial tablets or signs and historic markers.

7.

Signs identifying security companies legally authorized to conduct business in the City that provide security service for the property on which the sign is located, except that no such sign shall exceed a maximum area of 2 square feet per sign.

A.

Maintenance. All signs and their components shall be maintained and kept in good repair and shall contain current content. If a sign is not properly maintained or does not contain current content, it shall be subject to the enforcement procedures set forth in Section 19.88.280 (Enforcement).

B.

Lighting. Except for time and temperature components and permitted digital or electronic signs, signs may only be lit by stationary, shielded light, by light inside the sign, or by direct neon lighting. The glare from such luminous sources shall not impair the vision or otherwise interfere with any driver of a motor vehicle. All lighting must comply with the Chapter 19.78 (Lighting Standards).

C.

Maximum Sign Area. The sign area of any single sign shall not exceed 100 square feet, except as otherwise provided by this Chapter.

D.

Maximum Sign Area for Accessory Signs. The maximum sign area for an accessory sign shall not exceed 12 square feet.

E.

Maximum Sign Area of Signs with Time and Temperature Displays. Notwithstanding anything contained in this Chapter to the contrary, the maximum sign area allowed for any sign that includes an automatic time and/or temperature display may be increased by 30 percent for the sole purpose of the time and/or temperature display.

F.

Setback from Property Lines. No part of any sign, including the footing, shall be located closer than 1 foot from any property line or public right-of-way.

G.

Interference with Vehicle and Pedestrian Traffic. No sign shall interfere with a driver's or pedestrian's view of public rights-of-way, walkways and crosswalks or in any other manner impair public safety, interfere with the safe operation of a motor vehicle on public streets, or otherwise interfere with the use of the public right-of-way.

H.

Allowable Sign Quantity and Sign Area for Individual Businesses. An individual business (business not in a business complex) may have a maximum of three on-site primary signs and a maximum of three on-site accessory signs. The combined allowable sign area for all such primary signs and accessory signs shall be 2 square feet for each lineal foot of building frontage. In addition to the maximum number and area of

primary signs set forth above, an individual business with rear parking and a rear entrance shall be permitted to have one additional primary sign to be mounted to the rear wall of the business, with a sign area not to exceed 1½ square feet for each lineal foot of the building foundation of the wall to which the sign is mounted.

I.

Conflicting Regulations. In the event of any conflict between the requirements of this Chapter and/or the requirements of other regulations or ordinances, the more restrictive shall apply.

J.

Maximum Sign Height. The maximum sign height of a monument sign, real estate sign, or off-site directional sign, shall be 8 feet, unless a more restrictive height standard is specified by this Chapter or the provisions of the applicable land use district, or overlay district.

K.

Quantity. A maximum of one freestanding sign may be placed on a parcel when permitted by this Chapter.

L.

Monument Signs, Quantity. A maximum of one monument sign may be permitted per parcel except in the event that two monument signs can be placed on a parcel with a minimum separation of 300 lineal feet. In such cases, the measurement shall be the lineal distance as measured along the public right-of-way of the parcel.

M.

Professional Appearance. Signs shall have the appearance of being professionally prepared.

N.

Multi-faced Signs. The sign area and quantity of a multi-faced sign shall be calculated as a single sign provided the sign faces are placed at angles which do not exceed 60 degrees. Four-sided signs are not allowed.

O.

Non-commercial Messages.

1.

Whenever these sign regulations permit a commercial sign, a noncommercial message may be substituted in lieu of the commercial message. For purposes of this subSection, a "commercial sign" means any sign wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

2.

Where commercial messages are allowed, permitted or referenced in this Chapter, the reference or allowance does not prohibit any noncommercial message in the same location.

3.

The right to substitute a noncommercial message does not waive any other requirement imposed by this Chapter as to number, size, construction, location, lighting, safety or any other regulated attribute.

Freestanding signs, where permitted, may be allowed within a clear sight triangle, provided the Community Development Director determines the proposed sign will not interfere with pedestrian or vehicular use of the right-of-way or pose any public safety hazard. Any sign in a clear sight triangle that creates a public safety hazard, as determined by the Community Development Director or City Engineer, is subject to the enforcement procedures set forth in Section 19.88.280 (Enforcement). Any freestanding sign that may be permitted in a clear sight triangle shall have no more than two supporting posts or columns, each with a width no greater than 12 inches. Monument signs are not permitted in clear sight triangles.

A.

General. A business complex may have a maximum of one freestanding sign or a maximum of two monument signs; construction and placement of more than one monument sign in a business complex is permissible only in the event that the monument signs can be located with a minimum separation of 300 lineal feet. In such cases, the measurement shall be the lineal distance as measured along the public rightof-way of the parcel. Each business in the business complex, up to a maximum of 10 businesses, may place a sign on the freestanding sign and/or monument sign for a business complex.

B.

Complex Occupant Primary Signs. In addition to the above signage allowed in the business complex, each occupant of a business complex may have one primary wall sign. If, at the discretion of the Community Development Director, a primary wall sign cannot be reasonably placed for business complex occupant identification, a projecting sign or roof sign may be substituted, subject to the regulations herein.

C.

Complex Occupant Accessory Signs. Each occupant of a business complex may have up to three accessory signs with a maximum sign area of up to 12 square feet each.

D.

Business Complex Designation. To be deemed a business complex, the applicant must submit a Sign Permit application to the Community Development Director for such designation. The Community Development Director shall refer all such applications to the Planning Commission which shall grant the business complex designation, for purposes of signage, to any applicant meeting all of the following criteria:

1.

The application is from three or more business entities.

2.

Each business is a separate business with a separate entrance.

3.

The businesses are located on either one parcel of at least 1.5 acres or on contiguous adjoining parcels with a combined area of at least 1.5 acres.

E.

Allowable Sign Area. The allowable sign area for a business in a business complex is 2 square feet of sign area for each lineal foot of building frontage.

A.

Placement. Except as otherwise allowed pursuant to this Chapter, all accessory signs shall only be mounted to either a freestanding sign or to the wall of a building.

B.

Quantity. A maximum of three accessory signs, including A-frame signs, are allowed per business as specified in Sections 19.88.040 (General Provisions) and 19.88.070 (Accessory Signs) of this Chapter.

C.

Sign Area. The maximum sign area for all accessory signs mounted to a freestanding sign is 25 percent of the sign area of the sign to which it is attached. No accessory sign, whether mounted to a wall or freestanding sign, shall have a sign area exceeding 12 square feet per sign face.

19.