Twentynine Palms Municipal Code § 19.88.220 Public Information Signs

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.

[Figure: A-FRAME SIGN]

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-of-way.

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.

[Figure: MONUMENT SIGN]

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).

[Figure]

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.

[Figure]

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.

[Figure]

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

[Figure]

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.

[Figure]

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.

[Figure]

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.

[Figure]

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.

[Figure]

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.

[Figure]

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:

1. 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.

3. 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 right-of-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. 88.080 Freestanding Signs

A. Quantity. A freestanding sign may only be permitted in a business complex. A maximum of one freestanding sign may be permitted per parcel or per business complex.

B. Maximum Height, Freestanding Signs. The maximum sign height of a freestanding sign shall be 15 feet, unless a more restrictive height standard is specified by this Chapter or the provisions of the applicable land use district or overlay district.

C. Sign Area. In cases where a freestanding sign may be utilized for a business in a business complex, the maximum allowable sign area for a freestanding sign is 100 square feet.

A. Quantity. A maximum of one monument sign may be permitted per parcel or per business complex, except as provided in SubSections 19.88.060.A and 19.88.090.B.

B. Multiple Monument Signs. A maximum of two monument signs may be placed on any parcel when separated by a minimum distance of 300 lineal feet. In such cases, the measurement shall be the lineal distance as measured along the public right-of-way(s) of the parcel.

C. Height. The sign height of a monument sign shall not exceed 8 feet.

D. Visual Obstruction. No monument sign may be located so as to visually obstruct any neighboring sign when viewed from the street traffic lane nearest the curb at any location within 150 feet of either side of said sign. Monument signs are not permitted in clear sight triangles.

E. Sign Area. The maximum allowable sign area for a monument sign for an individual business is 75 square feet. The maximum allowable sign area for a monument sign in a business complex is 100 square feet. The maximum cumulative sign area for all monument signs in a business complex is 200 square feet.

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.

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.

4. 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.

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.

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.

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).

3. 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.