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HomeMy WebLinkAboutORD NO 2979ORDINANCE NO. 2979 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 17.60 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SIGNS. BE IT ORDAINED by the Council of the City of as follows: SECTION 1 Chapter 17.60 of the Bakersfield Municipal Code is amended to read as follows: Bakersfield hereby CHAPTER 17.60 SIGNS Sections: 17.60.010 17.60.020 17.60.030 17.60.040 17.60.050 17.60.060 17.60.070 17.60.080 17.60.090 17.60.100 17.60.110 17.60 17.60 17.60 17.60 17.60 17.60 17.60 17.60 17.60 17.60 17.60 17.60 17.60 17.60 17.60 1.7.60 17.60 17.60 Purpose Compliance required. Definitions Enforcement authority Special permits. Exempt signs. 120 130 Permitted in 140 Permitted in C-O district. 150 Permitted in C-1 district. 160 Permitted in C-2 district. 170 Permitted in M-1 and M-2 districts. 180 Permitted in P.U.D. districts. 185 Permitted in P.C.D. districts. 190 Permitted in MH and TT districts. 200 Permitted in CC districts. 210 Permitted in Ch districts. 220 Permitted in Hosp. districts. 230 Permitted in P districts. 240 Permitted in D districts. 250 Comprehensive sign plan. 260 Nonconforming signs. General prohibitions and restrictions. Specific prohibitions Removal of certain signs. Construction and maintenance Permitted in R-S, R-S-1A, R-S-2-1/2A, R-S-5A, R-S-10A and R-1 districts. Permitted in A districts. R-2, R-3 and R-4 districts. 270 Violation a public nuisance. 280 Violation-Penalty. 17.60.010 Purpose. The purpose of this chapter the city dards to is to promote the growth of in an orderly and attractive manner and to provide $tan- safeguard life, health, property and public welfare by regulating and controlling the type, number, area, height, quality of materials, construction, illumination, location and maintenance of all signs and sign structures and to accomplish the following results: A. To protect and enhance the character of residential neighborhoods and property values by prohibiting obtrusive and incompatible signs; B. To promote and maintain healthy commercial centers and property values for effective identification and communication of the nature of goods and services and avoidance of wasteful and unsightly competition in signs; C. To attract and direct persons to various activities and enterprises, in order to provide for public convenience; D. To provide a reasonable system of controls of signs, supplementing the comprehensive zoning plan set forth in this title; E. To encourage signs which are well designed and pleas- ing in appearance and to provide incentive and latitude for variety, good design relationship and spacing; F. To encourage a desirable urban character which has a minimum of clutter; G. To enhance the economic value of the community and each area thereof through the reasonable regulation of such things as type, signs; land uses number, area, height, location and illumination of ~. To encourage signs which are harmonious with adjacent and to encourage architectural compatibility; I. TO reduce possible traffic and safety hazards good signing; J. removal of K. through To provide a reasonable amortization periods for the nonconforming signs; To implement the purposes, policies and programs of the general plan. 17.60.020 Compliance required; fees A. No sign shall be painted, placed, pasted, posted, printed, tacked, fastened, constructed, erected, installed, or otherwise permitted or maintained, except as provided in this chapter and code. B. Fees for filing applications under this chapter shall be as set by the city Council Resolution. 17.60.030 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: 1. "Advertising statuary" means a three-dimensional imi- tation, representation or similitude of a person, animal or object which is sculptured, molded or cast in any solid or plastic substance, materials or fabric and is used for advertising pur- poses. 2. "A-frame" means any sign with two or more faces or surfaces usable for advertising display, not attached to the wall of a building or structure, whether portable or affixed to the ground and commonly known as A-frame, T-frame and sandwich board. 3. "Architectural feature or projection" means a marquee, porch, canopy or other similar architectural feature or projection of a building or structure or any projection not intended for occupancy which extends beyond the face of an exte- rior wall but does not include signs. 4. "Area of ~igns" means the entire area within a single continuous perimeter, perforated or solid backgrounds, ornamental 3 embellishments, writings, representations, emblems or any figures or similar characters, including any spires, mast, shafts, or sim- ilar projections, but excluding the necessary structural supports or uprights on which such sign is placed. Exception: Monument sign: The allowable sign area may be increased a maximum of 50% for the support system. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back to back and are at no point more than two fee apart; taken as the area of one face if the or as the area of the larger face if the area of the sign shall be two faces are of equal area, the two faces are of unequal area. Where a sign consists of individual letters or is painted, and the background does not define the area of the sign, the area shall be measured by the smallest square, rectangle, circle, or combination thereof, which will encompass advertisement. 5. "Background area of sign" means area of a sign upon which copy can be placed. triangle, the entire the entire background 6. "Bench sign" means a bench located outdoors with advertising matter thereon. 7. "Building facade" means that portion of an exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building eleva- tion. 8. "Building official" means the building director of the city or his authorized representative charged with the admini- stration and enforcement of this chapter. 9. "Canopy" means a fixed overhead shelter used as a roof, which may or may not be attached to a building. 10. "Canopy sign" or "awning sign" means a sign attached to or hung from a canopy, awning or marquee or similar architec- tural feature. Said sign shall not extend above the fascia of the canopy. 11. "Construction sign" means a sign stating the names of those individuals, firms or corporations connected with the con- struction project and which is placed upon the premises where construction, repair or include the name of the and emergency telephone renovation is city in which numbers. in progress. Said sign may their business is located 12. "Directional sign" means an on-premises, incidental sign designed to guide or direct pedestrian or vehicular traffic. Such signs shall not exceed eight (8) feet in height or ten (10) square feet in area, and shall not include any advertising but may include a maximum of 4 square feet of professional name iden- tification or logo. 13. "Directional sign, subdivision" means a sign, which informs the viewer as to the route or change of direction of tra- vel to a land development project, containing the name of the pro- ject, any characteristic trademark or insignia of the developer, necessary travel directions and any identifying materials as required by the city. 14. "Directory" means any sign listing the names, and/or use, and/or location of the various businesses or activities con- ducted within a building or group of buildings. 15. "Flashing sign" means any sign which contains or is illuminated by lights which flash, scintillate, blink, travel, go on and off intermittently, change in intensity or color or is illuminated by light not providing constant illumination, also including flashing beacons or flashing arrows and parts of attach- ments to signs which are illuminated by such lights. 16. "For sale or rent signs" means a sign offering real property, personal property, or a business, or any combination thereof, for sale, lease or exchange and includes signs pertinent to property management. It does not include merchandise sold in the usual course of business. 17. "Freestanding sign" means a sign which is supported by one or more columns, uprights or braces in or upon the ground. 18. "Freeway" means a highway in respect to which the owners of abutting lands have no right or easement of declared to be a freeway as provided by the Code of the state. 19. "Front foot of access and which is Streets and Highways building occupancy" means a single lineal dimension measured horizontally along the front of a build- ing which defines the limits of a particular occupancy at that location. 20. "Height of freestanding sign" means the vertical dis- tance from the average surface grade from the base of its support- ing structure to the top of its highest element. 21. "Identification sign" means any sign which is used to identify or advertise the occupant of a building, structure, lot or premises, or the merchandise or activity available at the building, structure, lot or premises where the sign is located. Such sign may also be referred to as an on-site or on-premises sign. 22. illumination "Indirectly illuminated sign" means a sign whose is derived entirely from a light source which is arranged so that no direct rays of light are projected from such light source into residences or streets. 23. "Marquee" means a permanent roofed structure attached to and supported by the building and projecting over public pro- perty. 24. "Monument Sign" means a freestanding identification sign which is appropriately landscaped, with overall height not to exceed eight feet and a maximum of thirty two (32) square feet. The base or support system shall not exceed 50% of the allowable sign area or 16 square feet. 25. "Moving Sign" means any sign which has any visible moving part, visible revolving parts or visible mechanical move- 6 mentof any description or other apparent visible movement achieved by electrical, electronic or kinetic means, including intermittent electrical pulsations, or by action of wind currents. 26. "Off premise sign" shall mean a sign that directs attention to a business, profession, product, commodity or serv- ice that is not the primary business, profession, product, com- modity or service conducted, sold, manufactured or offered on the site on which the sign is located. 27. "Outdoor Advertising Sign" shall mean a sign that is rented or leased for limited durations (maximum 36 months), has temporary or changeable copy, and is not to be used as permanent off-premise identification sign for a business or activity, and directs attention to a business, profession, product, commodity or service ~hat is not the primary business, profession, product, commodity or service conducted, sold, manufactured or offered on the site on which the sign is located; such sign may also be referred to as a billboard. 28. "outlining of a building" means the placing and main- taining of neon tubing, fluorescent lighting, or incandescent lighting in a line marking the outer limits or edges or a building or window or roof of a building. Such definition shall not apply to any customary Christmas lighting placed and maintained for a reasonable time during the holiday season. 29. "Parcel of property" means any separate legal lot or parcel of land; provided, that, when a shopping center has been divided into separate parcels, it shall continue to be considered as one parcel of property for the purposes of this chapter and; provided further, that where one owner, tenant, business or enter- prise occupias two or more contiguous parcels of property, they shall be considered as one parcel of property for the purpose of this chapter. 30. "Planning commission" means the planning commission of the city. 31. "Planning director" means the planning director of the city or his authorized representative. 32. "Political sign" means a sign advertising a candidate for political office, a political party or a measure scheduled for election. 33. "Portable sign" means a sign not permanently affixed to the ground or a building or structure on the premises it is intended to occupy. 34. "Projecting sign" means an identification sign other than a wall sign, which projects more than twelve inches from and is supported by, a wall of a building or structure. 35. "Public service sign" means any sign or portion thereof intended to promote items of general interest to the com- munity such as time, temperature, atmospheric conditions, etc., and are not to be considerd flashing or moving signs. 36. "Reader board" means a sign which is a permanent structure upon which is displayed advertising material or copy of a temporary or changeable nature. 37. "Roofline" means the u~per exterior line of a roof or top enclosure surface, as viewed from any side perpendicular to the exterior wall plane and includes eaves, fascia, parapets or similar projections or extensions. 38. "Roof sign" means an identification sign or portion thereof located on, or extending over the roofline of a building and either supported by the roof of a building or by independent structural frame. ~ sign which is attached flat against the wall of a penthouse or other similar roof structure which is a part of the enclosed floor area of the building shall be considered a roof sign. 39. portion of any 40. nesses which "Rotating sign" means any sign that moves or that sign which moves or rotates in any manner. "Shopping center" means a group of at least two busi- function as an integral unit on a single parcel or 8 separate parcels of property and which group utilizes common off- street parking facilities and access. 41. "Sign" means and includes every message, announ- cement, device, declaration, demonstration, display, illustration, insignia, advertising statuary, surface or space, including the supporting structure and component parts, erected or maintained in view of the observer thereof, for attraction of attention to, identification of or advertisement of a business profession, pro- duce or service. Exemptions are listed in Section 17.60.060. 42. "Street frontage" means the linear frontage of a par- cel of property abutting a street. "Street" means a public thor- oughfare which affords the principal means of access to abutting property. 43. "Temporary sign" means any banner, penant, flag, cap- tive balloon, (provided the longest dimension of the bailloon exceeds thirty inches (30") and the balloon is positioned so that the top of the balloon is more than ten feet (10') above grade, or the balloon carries advertising copy) streamer, placard, or similar impermanent or canvas sign or advertising device or dis- play with or without letters, words, numbers of figures thereon which directs, promotes, or attracts, or which is otherwise designed and used to attract attention. 44. "Vehicle sign" means an advertising display or sign that is exposed to public view, attached to, painted on, or sup- ported from a Darked automobile, truck trailer or other mobile vehicle, for the purpose of advertising a business, service or products, or directing people to a business activity, located on any private or public property, but shall not refer to standard advertising or identification practices where such sign is painted on or permanently attached to a commercial or business vehicle used in the conduct of such business. 45. "Wall sign" or "fascia sign" means an identification sign attached to, painted on or erected against the exterior wall of a building or structure, with the exposed face of the sign in a plane approximately parallel to the plane of the wall. 46. "Window sign" means any sign painted, attached, glued or otherwise affixed to, and visibly displayed on the inside or outside of a ground floor window and facing a public street, walk- way, mall or parking lot available for public use. 47. "Zone" is used in this chapter by reference to resi- dential zones or districts, commercial or industrial zones or districts, and is construed to refer to such zones or districts as set forth in Chapter 17.06. The terms "zone" and "district" are used interchangeably. 17.60.040 Enforcement authority A. With respect to new signs to be erected or installed, or to the moving of existing signs, or additions or alterations to the same, it shall be the duty of the building director to enforce this chapter by civil or criminal action and by withholding per- mits, where field inspection reveals that such installations, additions, alterations or moving has resulted or will result, in violations of this chapter, and the building director shall issue no permit contrary to conditions duly imposed by any authority pursuant to this chapter. B. With respect to signs existing on the effective date of the ordinance codified in this chapter in violation of this chapter, and with respect to signs installed, added to, altered or moved in the future or subsequent to issuance of permits, it shall be the duty of the building director to enforce this chapter. C. The building director shall have the right to enter upon any premises upon which any sign has been erected to see that the provisions of this chapter are complied with, and to cause the removal of any sign maintained in violation of this chapter. 10 17.60.050 Special permits. A. Where specifically authorized in this chapter, signs not meeting the requirements of this chapter may be allowed pursuant to a special permit after consideration of all the factors relat- ing to the proposed sign and whether such sign will adversely affect the public health, safety and welfare and whether the application complies with the matters stated in Section 17.60.010. relating to the objectives, basis and purposes of this chapter. Signs on property having no street frontage, signs exceeding a height of 50 feet from ground level in a C-2 or less restrictive zone, and signs with moving messages may be allowed and sign separation and setback requirements may be modified by special permit. B. Application. Application for a special permit for a sign shall be made on forms prescribed by the planning commis- sion and shall be accompanied by statements, plans and other related material as may be deemed necessary to carry out objec- tives and purposes of this chapter. The property owner, tenant or lessee, or a representative with written authorization, shall sign such application. C. Hearing. ~ special permit application shall be consid- ered at a regular meeting, adjourned meeting or special meeting of the planning commission not more than thirty days after such application is filed. The applicant shall be notified at the time and place of such consideration not less than five days prior to the meeting. The planning commission may impose conditions to the granting of any special permit when in its judgement such condi- tions are necessary or desirable to accomplish the objectives and purposes of this chapter. This section will not apply to permits approved by the building director pursuant to this chapter. D. Appeal from the Decision of Planning Commission. 1. If the applicant is dissatisfied with the action of the planning commission on the application for special permit he 11 may appeal therefrom to the city council within ten days after rendition of the decision of the planning commission. 2. The appeal shall be taken by filing a notice of appeal with the planning director. Upon the filing of the notice of appeal the planning director shall, within ten days therefrom, transmit to the city clerk all exhibits and other papers and docu- ments on file with the planning commission, together with any fin- dings of the commission and place the matter on the city council agenda of a meeting held within thirty days from the date of the planning commission decision. 3. The city council shall consider all exhibits, and other papers and documents required to be transmitted to it under subdivision 2 of this subsection, and any relevant presentation of the applicant and planning staff. 4. The city council may affirm, modify, or reverse the action of the planning commission or remand it back to the planning commission with directions. (Prior Code §17.54.210). 17.60.060 Exempt signs. The definition of "sign" shall not include the following: A. .Official notices authorized by a court, public body or public officer; "Neighborhood Watch" and similar notices, subject to prior approval by the Building Director; federal, C. religious D. E. street, F. public recreational use and which cannot be street or adjacent properties; Directional, warning or information sign authorized by state or municipal authority; A properly displayed official flag of a government, group or nonprofit organization; Memorial plaque, tablet or cornerstone; Signs within a building not visible from a public walkway, mall or parking lot available for public use; Signs within a ball park or other similar private or seen from a public 12 G. Signs placed by a public utility for the safety, welfare or convenience of the public, such as signs identifying high voltage, public telephone or underground cable; H. Signs in or on taxicabs as authorized and approved as to size, form and contents by the city manager under Section 5.50.100; I. Signs in or on public buses or other public conveyances which may be permitted by the city council. J. Signs being manufactured, transported and/or stored within the city limits; provided, however, that such signs are not used, in any manner or form, for purposes of advertising at the place or places of manufacture or storage; K. Signs on licensed commercial vehicles; provided, however, that such vehicles shall not be utilized as parked or stationary outdoor display signs. (Prior Code §17.54.040(a). L. Signs used for dwelling unit identification as required by Chapter 15.42 of Municipal Code. 17.60.070 General prohibitions and restrictions A. No signs shall be erected, installed or maintained in the city unless such signs are specifically permitted under the provisions of this chapter or said signs comply with the regula- tions established in Section 17.60.260 relating to nonconforming signs, unless permitted by special permit under Section 17.60.050. Such prohibition shall apply to the number of signs on any parcel or premises, to the location of such signs on the parcel or premi- ses, to the height or ground clearance of such signs and to the type, illumination and maintenance of all such signs. Such pro- hibited signs shall be subject to abatement or injunction under Section 17.60.270. B. No sign or its supporting members shall be erected, altered, relocated, or maintained so as to interfere with or restrict access to a window or other opening in a building in such manner as to limit air circulation or obstruct or interfere with 13 the free use of a fire escape, exit, standpipe, stairway, door, ventilator or window, or similar opening. Any such sign consti- tutes a nuisance and shall not become a legal nonconforming sign. C. No sign shall be permitted which is placed on any curb, sidewalk, post, pole, light standard, hydrant, bridge, tree or other surface located on public property or over or across any street except as may otherwise be authorized by this chapter or by action of the city council where circumstances may exist which are found to justify such exception. Any such sign hereby prohibited constitutes a nuisance, and shall not become a legal nonconforming sign. D. No sign shall be permitted near the intersection of any street, alley or any vehicle access in such a manner as to obstruct free and clear vision of motor vehicle operators, or at any location where by reason of its position, shape, illumination or color, it may interfere with or be confused with any authorized sign, signal or device, or which makes use of a word, symbol, phrase illumination, shape or color in such a manner as to inter- fere with, mislead or confuse traffic. Any such sign constitutes a nuisance and shall not become a legal nonconforming sign. E. All signs incorporating electrical components shall be constructed and maintained to comply with the Electrical Code or Codes as adopted by the city and all signs shall be constructed, installed and maintained to structurally comply with all applica- ble requirements of the Uniform Building Code and Uniform Sign Code, as adopted and amended by the city. F. Floodlighting used for illumination of any sign is per- mitted only when such lighting is installed on private property or property maintained by a maintenance district and is hooded or shielded so that the light source is not a nuisance or detrimental to persons viewing such area and so that such light does not detrimentally affect or interfere with vehicular traffic, pedestrians, or adjacent properties, in any manner. Violation of these provisions is unlawful. 14 G.i. outlining of a building by means of exposed neon tubing or fluorescent lighting is permitted only where the amperage does not exceed thirty milliamperes. 2. Outlining of a building by means of exposed incandescent lighting is permitted if the wattage does not exceed fifty watts and the units of lights forming the line marking the outer limits or edges of a building, or window or roof of a building, are at least two feet apart. H.1. In the c-l, C-2, M-1 and M-2 districts, exposed bulbs, forming a part of a sign, which are in excess of forty watts, are prohibited. Bulbs providing indirect lighting not visible from off the premises of the sign are not subject to the prohibition of this section. In all districts more restrictive than the C-1 district, exposed bulbs, forming a part of a sign, which are in excess of fifteen watts, are prohibited. 2. In all districts, all exposed reflector-type lamps part of a sign or used to illuminate a sign, are prohi- forming bited. I. safety, bited. Signs which are detrimental to the public peace, health, and signs displaying obscene matter or copy are prohi- Any such sign constitutes a public nuisance per se and is subject to abatement or injunction under Section 17.60.270 and Section 38773 of the Government Code. No such sign shall become a legal nonconforming use irrespective of any building permit which may have been granted for same. J. Placards or posters advertising special community events are permitted as window signs only. K. Public service signs may contain or include trade or professional name identification and logo only. L. Theater Marquee signs are permitted only as permitted under the Uniform Sign Code as adopted and amended by Chapter 15.36. 15 M. Mansard-type roof signs, i.e., any attached to or mounted upon a roof which has forty-five degrees from the horizontal plane project above the highest sight line of such a 'wall sign for the purpose of this chapter. single-faced sign a slope which exceeds and which does not roof, shall be deemed N. Temporary signs as defined in subdivision 43 of Section 17.60.030 are prohibited, except that such signs may be used for the purposes of commercial grand openings, special events of lim- ited duration, and like occasions. Each building or business shall be permitted temporary signs for a maximum of two 2) such occasions per calendar year with a maximum duration of fifteen (15) days for each such permitted use, or four (4) such occasions per calendar year with a maximum duration of seven (7) days for each such permitted use. Flags and banners approved by the Board of Zoning Adjustment in connection with a conditional use permit for a tract sales office and model homes are not subject to the time limitations of this subsection. O. Any sign which does not identify or advertise the occu- pant of a building, lot or premises, or relate to any merchandise or to any business or other activity available or being conducted at the building, lot or premises where the sign is located, except outdoor advertising signs, and subdivision directional signs, is prohibited. P. Wherever in this chapter freestanding signs are per- mitted, no such permitted sign shall project over public property or any public right-of-way unless such sign is reviewed and approved by the planning commission under all Section 17.60.050 of this chapter. Q. This chapter is not intended to, provisions be construed to modify or repeal of Chapter 15.36, except as stated in the provisions of nor shall any of its the Uniform Sign Code this chapter. 16 17.60.080 Specific prohibitions. The following signs, in addition to other signs prohib- ited in this chapter, are specifically prohibited: A. Vehicle signs; vehicles shall not be utilized as parked or stationary signs as where a vehicle and sign thereon is con- spicuously parked or left standing so as to constitute a device or sign; no persons shall maintain a sign on any vehicle or trailer parked on a public right-of-way, public property or on private property, so as to be visible from a public right-of-way, which has attached thereto, located thereon or leaning against such vehicle or trailer, any sign for the purpose of providing adver- tisement of a business, service or products, directing people to a business activity located on the same or other property, or for any purpose whatever, including electrical portable signs; this prohibition shall not apply to standard advertising or identifica- tion practices where such signs or advertising devices are painted on or permanently attached to a commercial or business vehicle used in the conduct of such business, or to bumper stickers; to placards identifying the vehicle itself as being for sale, or to window stickers or placards on vehicles in any vehicle sales lot. B. Flashing signs in all districts more restrictive than the C-1 district; C. Flashing signs in the C-1, C-2, M-1 and M-2 districts, except flashing neon signs with current not exceeding thirty milliamperes, and except flashing incandescent signs with lamps not exceeding eleven watts; D. Moving and rotating signs, poles, signs indicating time of day, except for rotating barber and/or temperature and signs in the moving messages (allowed by special permit only) E. "A" Frames; F. Portable signs; 17 G. outdoor advertising signs except as permitted in the C-2, M-1 and M-2 districts; H. Projecting signs except as specified in this chapter; I. Roof signs except as specified in this chapter; J. Freestanding signs which project over public property or any public right-of-way, except as specified in this chapter. K. Bench signs; L. Window signs exceeding the specified limitations; M. Advertising statuary, larger than life-size. 17.60.090 Removal of certain signs. A. Notwithstanding the provisions of Subsections F & G of Section 17.60.260, the owner or person in lawful possession of any sign which is not operational or not used for a period of 90 days or which was used to advertise or identify that which has been moved or discontinued for a period of 90 days, shall remove all display copy from such sign immediately upon the expi- ration of such period. If said display copy is not removed within thirty days after notice by the building director, the city may cause said display copy to be removed and the cost thereof shall become a lien against the property on which the sign is located. Extensions for thirty-day periods may be granted by the building director. The provisions of this subsection may be utilized sepa- rately from, as an alternative to, or in conjunction with, any other remedy provided in this chapter or otherwise provided by law. B. All signs, except nonconforming signs under subsection C of Section 17.60.260, which do not conform with the provisions of this chapter are public nuisances and shall be removed at the owner's sole expense within sixty days after the effective date of the ordinance codified in this chapter. If said sign is not removed within said period, the city may cause said sign to be removed and the cost thereof shall become a lien against the prop- erty on which the sign is located. Extensions for thirty-day periods may be granted by the building official. The provisions of this subsection may be utilized separately from, as an alterna- tive to, or in conjunction with, any other remedy provided in this code or otherwise provided by law. C. Political signs shall be removed within ten days follow- ing the completion of the election. D. Construction signs shall be removed within ten days fol- lowing filing of the notice of completion or acceptance of the building whichever first occurs. E. Temporary signs as defined in subdivision 43 of Section 17.60.030, where permitted, shall be removed within two days after the special event has taken place. F. For sale or rent signs shall be removed within ten days after the sale, lease or exchange has been completed. G. Signs for new subdivisions shall be removed within eighteen months after the events described in subdivision 5 of subsection F of Section 17.60.110. H. Signs for new apartment projects shall be removed within eighteen months after the events described in subdivision ~ of subsection E of Section 17.60.130. I. Any sign mentioned in subsections B through H of this section shall be subject to the notice and removal provisions of Section 17.60.270. J. Notwithstanding the above, in cases of emergency, the building director may cause the immediate removal of a dangerous or structurally defective sign without notice. 17.60.100 Construction and maintenance. A. Construction. Every sign and all parts, portions, units and materials comprising the same, together with the frame, background, supports or anchorage therefore, shall be securely built, constructed and erected in conformance with the require- 19 ments of the Uniform Sign Code, Uniform Building code, and the Electrical Code, as adopted and amended by the city. B. Maintenance. No person owning or controlling a sign shall fail to keep such sign, together with all supports, braces, guys, and anchors in good repair and in proper state of preserva- tion at all times. It shall be fully operational and present a satisfactory appearance in regard to painting, cleaning, broken, faces, electrical outages, landscaping, or anything deemed detri- mental to the appearance of the sign. It shall be the duty of the owner and occupant to make immediate repair to any sign deemed by the building director to be imminently dangerous or perilous to the public safety. A sign maintained in violation of this section constitutes a public nuisance. Nothing in this section shall be construed so at to nullify the requirements and remedies as to maintenance established by the Uniform Sign Code. C. Notice to Maintain, Alter or Repair. Upon a written notice from the building director of a sary repairs shall be made immediately. notice from the building director, the sign deemed unsafe, neces- Otherwise, upon a written necessary maintenance, alterations or repairs shall date of such notice. In the possession fails to maintain, be made within ten days after the event the owner, or person in lawful alter or repair in accordance with such notices, in addition to any other penalty or remedy provided for in this chapter, such sign may be abated by the building director in accordance with the provisions of Section 17.60.270. 17.60.110 Permitted in R-S, R-S-1A, R-S-2-1/2A, R-S-5A, R-S-10-A, and R-1 districts. The following signs are permitted in the R-S, R-S-1A, R-S-2-1/2A, R-S-5A, R-S-10-A and R-1 districts. A. One construction sign for each parcel of property not more than four square feet in area; provided, that such sign shall not be located closer than ten feet to any adjoining property line, nor nearer than five feet from the front property line; 2O B. One for sale or rent sign for the area of which shall not exceed four thousand square feet of land or portion that each parcel shall be entitled to a each parcel of property, square feet for each ten thereof; provided however, sign no less than four and one-half square feet in area plus one and one-half square feet of tag sign; the maximum area of such sign shall not exceed sixteen (16) square feet and there shall not be more than one such sign on such parcel for each one hundred feet frontage on a public street; no such sign shall be located closer than ten feet to any adjoin- ing property line, nor nearer than five feet from the front prop- erty line; C. In addition to the house number, one unlighted sign of not to exceed one-half square foot in area attached to and paral- lel with the front wall of the building and containing only the name and title or occupation of the occupant; D. One unlighted sign of not to exceed one-half square foot in area attached to and parallel with the front wall of the build- ing prohibiting trespassing or solicitation; E. Political signs shall be permitted on private property with the permission of the person in lawful possession of such property a reasonable time preceding an election, but shall be removed not later than ten days following the election to which they apply; no political signs shall be placed in any street right-of-way or on any utility pole or directional or public sign post whether on public or private property; F. Two freestanding identification signs for each new sub- division, subject to the following conditions: 1. No such sign shall exceed thirty-two square feet in area or twelve feet in height, 2. There shall be no additions, tag signs, devices, display boards of appurtenances added, 3. No freestanding sign shall project over public prop- erty or any public right-of-way. 21 4. Up to two additional such signs may be permitted, subject to building director review and approval, who shall, prior to his decision, take into consideration the purposes of this chapter, acreage of lots in the project, length and width of the following matters: the project, number of lots, topography of the land, number of streets and alignment thereof and street fron- tages, location of the tract office; 5. Such signs may be maintained for a period of eight- een months from the date of recordation of the final map or until all lots in the subdivision have been initially sold, whichever occurs first; provided, that the building director may grant per- mission to erect or maintain such sign after the eighteen months if he determines that it is not detrimental to the surrounding property nor injurious to the safety and welfare of the public; said extension shall not exceed one year; G. Two subdivision directional signs for each new sub- division, subject to the following conditions: 1. No such sign shall exceed eight square feet in area or eight feet in height, 2. The signs shall be located within the subdivision, 3. The conditions stated in subdivisions 2 through 5 of subsection F of this section shall apply; H. New subdivisions shall also be permitted temporary signs defined in subdivision 43 of Section 17.60.030 under the condi- tions stated in subsection N of Section 17.60.070. I. Uses which may be allowed by conditional use permit may be allowed signs as part of, and in accordance with, the permit. The applicant shall include in his plot plan a complete descrip- tion of any sign he proposes to install, showing type, location, area in square feet, lighting, shape, and color. The board of zoning adjustment or city council may deny or approve such signing or may limit such approval in any manner consistent with the the purposes and objectives of this chapter. as 22 J. One incidental on-premises sign on undeveloped property for each three hundred feet of street frontage, not to exceed thirty-two square feet in area or twelve feet in height per sign, designed to identify the future use of the property consistent with existing zoning, and may include ownership identification or logo. K. Four off-premise subdivision directional signs for each new subdivision, subject to the following conditions: 1. No such sign shall exceed eight square feet in area or eight feet in height, 2. The signs shall be located no more than one mile from the exterior boundary of the subdivision, 3. The condition stated in subdivisions 2 through 5 subsection F of this section shall apply; L. In addition to the temporary signs permitted in subsection H of this section, new subdivisions will also be per- temporary directional signs subject to the following condi- mitted tions: 1. No such sign shall exceed three square feet in area or three feet in height, 2. The signs shall be located within the subdivision, 3. The minimum distance between such signs shall be three hundred feet, 4. The maximum duration of each use shall not exceed three days; M. Ten off-premise directional signs for the resale of single family residences subject to the following conditions: 1. The maximum duration of each such use shall not exceed three days. 2. No such sign shall exceed three square feet in area nor three feet in height. 3. The signs shall be located no more than one mile from the subject parcel, 23 4. Such signs may include ownership identification or a logo which may not exceed one and one-half square feet in area. N. Signs which may be allowed by special permit subject to Planning Commission review under 17.60.050 of this chapter are as neighborhood identification sign the provisions of Section follows: a subdivision or installed at or near the entrance to the subdivision or neighborhood. Such sign may be a monument sign, freestanding sign or sign installed on a masonry wall. 17.60.120 Permitted in A districts. The following signs are permitted in the A districts: A. All signs permitted in the R-1 district, except where otherwise stated; B. One for sale or rent sign for each twenty-five thousand square feet of land or portion thereof, the area of which shall not exceed sixteen square feet; provided, however, there shall not be more than one such sign on such premises for each two hun- dred feet frontage on any street; the for sale or rent sign per- mitted in the R-1 district shall not be permitted in the A district in addition to such signs permitted by this section; C. One identification sign for each developed parcel of property not exceeding thirty-two square feet in area indicating the name of the owner and/or property and products produced on the premises; no freestanding sign shall exceed a height of six- teen feet; signs shall not project into or over public property or public rights-of-way. D. Directional or incidental signs where reasonably neces- sary on the premises. 17.60.130 Permitted in R-2, R-3 and R-4 districts. The following signs are permitted in the R-2, R-3 and R-4 districts: ~. All signs permitted in the R-1 district, except where otherwise stated; 24 B. One unlighted or interior illuminated identification sign for each street frontage; such signs shall be monument signs or shall be attached to buildings, ornamental walls or entrance structures facing such streets; one square foot of sign area per dwelling unit shall be allowed for each such sign but in no case exceed a total of thirty-two square feet for each such sign; C. One unlighted construction sign per development not to exceed thirty-two square feet in area, may be placed on the parcel during its construction period, and it shall be removed within ten days following completion of the development; the construc- tion sign permitted in the R-1 district shall not be permitted in an R-2, R-3 or R-4 district in addition to such sign permitted in this section; D. One for sale or rent sign for each street frontage of property, not to exceed two square feet in area per dwelling unit constructed thereon, the total area for each parcel of property not to exceed thirty-two square feet; the for sale or rent sign permitted in the R-1 district shall not be permitted in the R-2, R-3 or R-4 districts in addition to such signs permitted in this section; E. One freestanding identification sign for each new apart- ment or condominium project, subject to the following conditions: 1. No such sign shall exceed thirty-two square feet in area or twelve feet in height, 2. There shall be no additions, tag signs, devices, display boards of appurtenances added, 3. No freestanding sign shall project over public prop- erty or any public right-of-way. 4. Up to three additional such signs may be permitted, subject to building director review and approval, who shall, prior to his decision, take into consideration the following matters: the purposes of this chapter, acreage of the project, number of detached buildings, number of dwelling units in the project, 25 topography of land, number of streets and alignment thereof and street frontages, location of the apartment or condominium associ- ation office. 5. Such sign or signs may be maintained for a period of eighteen months from the date of the termination of the construc- tion or until eighty-five percent of all the dwelling units of the project have been initially rented, or sold, or at the expiration of the building permit if construction is not completed and such building permit is not renewed or another permit obtained, which- ever occurs first; provided, that the building director may grant permission to erect or maintain such sign after the eighteen months if he determines that it is not detrimental to the sur- rounding property nor injurious to the safety and welfare of the public; said extension shall not exceed one year; F. Two subdivision directional signs for each new apartment or condominium project, subject to the following conditions: 1. No such sign shall exceed eight square feet in area or eight feet in height, 2. The signs shall be located within the project, 3. The conditions stated in subdivisions 2,3,4, and 5 of subsection E of this section shall apply; G. New apartment and condominium projects shall also be permitted temporary signs as defined in subdivision 43 of Section 17.60.030 under the conditions stated in subsection N of Section 17.60.070. 17.60.140 Permitted in C-O District. The following sign regulations shall apply in the C-O zone: A. Signs permitted are as follows: 1. All signs permitted in the R-1 district, except where otherwise stated; 2. Wall signs or signs designed as a part of an archi- tectural feature or projection of the building for each business entity, which shall be identification signs only, not exceeding 26 one square foot in area for each front foot of building occupancy for each elevation abutting a street and not exceeding one-half square foot in area for each front foot of building occupancy for other elevations not abutting a street; provided, however, that each building shall be entitled to no less than thirty-two square feet in area for each elevation abutting a street; wall signs shall be so placed on a building that the highest point of the sign does not exceed twenty feet in height from the average surface grade of the premises; 3. Window signs not exceeding in area more than twenty- five percent of the window area on which the signs are affixed; this limitation shall not apply to any customary holiday decora- tions placed on windows and maintained for a reasonable time dur- ing a holiday season; 4. One freestanding indentification sign for each devel- oped parcel of property, not exceeding thirty-two square feet in area nor a height of twenty feet; no freestanding sign shall pro- ject over public property or any public right-of-way; 5. One canopy sign at each building entrance not exceed- ing six square feet in area, which shall be placed with a minimum ground clearance of eight feet; 6. One for sale or rent sign for each parcel of property, not to exceed sixteen square feet in area, for each one hundred feet street frontage, or portion thereof, with a maximum freestanding height of eight feet and a maximum height of fifteen feet, if attached to a building; the for sale or rent sign permit- ted in the R-1 district shall not be permitted in the C-O district in addition to such sign permitted in this section. 7. One construction sign for each parcel of property, not exceeding thirty-two square feet in area nor fifteen feet in height; the construction sign permitted in the R-1 district shall not be permitted in the C-O district in addition to such sign per- mitted in this section; 27 8. Directional signs where reasonably necessary; 9. 211 illuminated signs shall be indirectly illuminated; internal illumination protected by a plastic face or other accept- able material shall be permitted. B. Signs permitted subject to building director review and approval are as follows: up to two additional freestanding iden- tification signs for each developed parcel of property may be approved by the building director subject to the following con- ditions: no such sign shall exceed thirty-two square feet in area or twenty feet in height; no such sign shall project over public property or any public right-of-way. The building director shall, prior to his decision, take into consideration the follow- ing matters: the purposes of this chapter; the size of the par- cel; street frontages and public entrances and the lack of alternative sign locations to provide reasonable opportunity to identify the business or businesses. He may approve, condition- ally approve or disapprove such application, and may require that any or all additional signs permitted be monument signs. C. Signs which may be allowed by special permit subject to review under the provisions of Section 17.60.050 o~ this chapter are as follows: a) Wall signs up to 25% larger in area than otherwise permitted in this zone. b) Freestanding signs up to 25% larger in area and/or 33% greater height than otherwise permitted in this zone. c) Monument signs in excess of the number otherwise per- mitted in this zone. The number of such signs permitted on any street frontage shall not exceed four (4) per parcel. The minimum distance between such signs shall not be less than fifty feet, nor less than twenty-five feet from an adjoining interior lot line. 28 17.66.150 Permitted in C-1 District. A. The following signs are permitted in the C-1 district; 1. All signs permitted in the R-1 district, except where otherwise stated; 2. Wall ectural feature or signs or signs designed as a part of an archit- projection of the building for each business entity, not exceeding one square foot in area for each front foot building occupancy for each elevation abutting a street and not exceeding one-half square foot in area for each front foot of building occupancy for other elevations not abutting a street; provided, however, that each building shall be entitled to no less than thirty-two square feet in area for each elevation abutting a street; ~remises fronting on more than one street may not combine allowable signs for one frontage with another front- age for the purpose of placing the combined area of signs on one frontage; wall signs shall be so placed on a building that the highest point of the sign does not exceed twenty-five feet in height, from the average surface grade of the premises; 3. a. One freestanding identification sign for each street frontage of a developed parcel of property not exceeding one hun dred fifty square feet in area and which does not project over public property or any public right-of-way, and is located not less than twenty-five feet from an adjoining interior lot line. b. Permitted signs for a particular street frontage of a parcel may not be combined with that allowed for another street frontage for the purpose of placing the combined area of signs on one street frontage for the purpose of placing the com- bined area of signs on one street frontage, c. Where such parcel is permitted two or more freestanding signs, the distance between any of such signs shall not be less than fifty feet, nor less than twenty-five feet from an adjoining interior side lot line, 29 height; d. Such signs shall not exceed twenty-six feet in 4. a. Two signs for each business entity, which signs may be wall signs, monument signs or reader board, for the purpose of indicating prices, merchandise or service offered, official public services provided on the premises, credit cards honored, trading stamps available, directions to customers and like mat- ters; no such sign shall be a portable sign and shall not be placed or maintained upon any part of any sidewalk area or other public right-of-way; no such sign shall exceed thirty-two square feet in area or exceed a height of fifteen feet, b. Each business entity shall also be permitted two signs, when appropriate, for the purpose of indicating the mat- ters stated in paragraph (a.) of this subdivision, which signs may be attached to private light poles, freestanding sign column or canopies, the area of each sign not to exceed six square feet; such signs shall be securely attached and kept clean and orderly and in good repair, on the fixture to which attached; 5. One canopy sign at each building entrance, not to exceed six square feet in area which a minimum ground clearance of 6. One construction shall be placed and maintained with eight feet; sign for each parcel of property not exceeding sixty-four square fe~t in area and fifteen feet in height; the construction sign permitted in the R-1 district shall not be permitted in the C-1 district in addition to such sign permitted in this section; 7. a. One for sale or rent sign for each building, the area of which shall not exceed sixteen square feet for each one hundred front feet of building occupancy, b. When the parcel of property has no buildings upon it, one for sale or rent sign, not exceeding sixty-four square feet in area or four or less such signs, none of which shall exceed sixteen square feet; 30 8. Directional signs where reasonably necessary on the par- cel of property, which shall be incidental signs designed to guide or direct pedestrian or vehicular traffic, such as "Exit" or "Entrance" signs. 9. On-premise subdivision directional signs not to exceed thirty-two square feet in area, nor sixteen feet in height which shall not project over public property or any public right-of- way; such signs may be maintained for a period of only eighteen months, in accordance with the rules stated in subdivision 5 of subsection F of Section 17.60.110 and subdivision 5 of subsection E of Section 17.60.130; 10. Window signs not exceeding in area more than thirty percent of the window area on which the signs are affixed; this limitation shall not apply to any customary holiday decora- tions placed on windows and maintained for a reasonable time dur- ing a holiday season. B. The following signs may be allowed by special permit sub- ject to review under the provisions of Section 17.60.050: 1. a. One projecting sign for a business entity fronting on a street, b. Such sign shall not be permitted unless the applicant demonstrates a lack of sufficient alternative sign locations to provide reasonable opportunity to identify and advertise the business; in addition thereto the commission, prior to decision shall consider the following matters: the factors set forth in subsection A of Section 17.60.050; the relationship of the build- ing to other buildings on the same street as to setback, size and existing signage. c. ~ projecting sign may exist instead of, but not in addition to, a freestanding sign or a roof sign. d. The projection of all projecting signs shall be in accordance with the regulations provided in Chapter 15.36 and the Uniform Sign Code as adopted and amended therein; provided, 31 however, that where the building is set back from the property line, no such sign shall project from the building more than ten feet, e. Projecting signs shall not exceed twenty (20) square feet in area; when any such sign has more than two faces, all additional faces shall be included in the calculations of total allowable area, f. No projecting sign shall extend above the roofline at the wall or the top of a parapet wall, g. Projecting signs shall be identification signs only; and not for the purposes indicated in subsection A (4) (a). 2. a. One roof sign for a business entity, b. Such sign shall not be permitted unless the applicant demonstrates a lack of sufficient alternative sign locations to provide reasonable opportunity to identify and advertise the business; in addition thereto, the commission, prior to decision, shall consider the following matters: the factors set forth in subsection A of Section 17.60.050; the relationship of the build- ing to other buildings on the same street as to setback, size and existing signage; the proximity to residential uses on the same street, c. A roof sign may exist instead of, but not in addition to, freestanding and projecting signs, d. area, roof sign may not project over public property, roof sign shall not exceed twenty 20) feet in f. No roof sign shall exceed a height, in any point thereof, of six feet above the roof as measured vertically from the level of the top of the parapet wall nearest the sign, or from the highest point of the roof directly under the sign, g. Clearance and access for all roof signs shall be in accordance with the Uniform Sign Code (Section 803) as adopted and amended by Chapter 15.36, 32 h. A roof sign shall be an identification sign only, and not for the purposes indicated in subsection (4) (a). 3. Monument signs in excess of the number otherwise per- mitted by this section. The number of such signs permitted on any street frontage shall not exceed four per parcel; the minimum distance between such signs shall not be less than fifty feet, nor less than twenty-five feet from an adjoining interior side lot line. 4. Wall signs up to 25% larger in area than otherwise permitted in this zone. 17.60.160 Permitted in C-2 district. A. The following signs are permitted in the C-2 district: 1. All signs permitted in the R-1 district, except as otherwise provided; 2. Outdoor advertising signs not exceeding three hundred square feet in area, excluding cutouts or extensions not exceed- ing thirty square feet in area, and not exceeding thirty-five feet in height, except that: a. No outdoor advertising sign shall be permitted except by special permit, if such sign faces the front of any lot within any residential zone and is located within one hundred feet of such lot line, or is within one hundred feet of a freestanding sign on the same parcel. b. Such signs shall be at least three hundred feet apart on the same side of a public street, c. Such signs shall not project any public right-of-way, d. Where such sign has two faces back-to-back which faces are at no point more than two feet apart, the two faces of the sign shall be substantially equal in area, 3. Wall signs or signs designed as a part of an arc- hitectural feature or projection of the building for each busi- ness entity, two square feet in area for each front foot of over public property or 33 building occupancy for each elevation of the building abutting a street and not exceeding one (1) foot in area for each front foot of building occupancy for other elevations not abutting a street; provided, however, that the sign area permitted shall not exceed four hundred fifty square feet per building elevation and each building shall be entitled to not less than fifty square feet in area for each elevation abutting a street; premises may not com- bine allowable signs for a particular elevation of a building with that allowed for another elevation for the purpose of placing the combined area of signs on one elevation; wall signs shall be so placed on a building so that the highest point of the sign does not exceed twenty five (25) feet in height, from the average grade of the premises. 4. a. One freestanding identification sign for each street frontage of a developed parcel of property not exceeding two hun- dred forty square feet in area and which does not project over public property or any public right-of-way, and is located not less than twenty-five feet from an adjoining interior lot line. b. If a street frontage abutting such parcel exceeds six hundred feet, the area of the permitted sign may be one square foot for each lineal foot of such six hundred but in no event shall square feet, of a parcel street frontage in excess of exceed four hundred fifty c. Permitted signs for a particular street frontage may not be combined with that allowed for another street frontage for the purpose of placing the combined area of signs on one street frontage, d. Where such parcel is permitted two or more freestand- ing signs, the distance between any of such signs shall be not less than fifty feet, nor less than twenty-five feet from an adjoining interior lot line. e. Such signs shall not exceed thirty-five feet in height; 34 5. a. Two signs for each business entity, which signs may be wall signs, monument signs or reader board, for the purpose of indicating prices, merchandise or service offered, official pub- lic services provided on trading stamps available, ters; no such sign shall the premises, credit cards honored, directions to customers and like mat- be a portable sign and shall not be placed or maintained upon any part of any sidewalk area or other public right-of-way; no such sign shall exceed thirty-two square feet in area or exceed a height of fifteen feet, b. Each business entity shall also be permitted two signs, when appropriate, for the purpose of indicating the mat- ters stated in paragraph (a.) of this subdivision, which signs may be attached to private light poles, freestanding sign column or canopies, the area of each sign not to exceed six square feet; such signs shall be securely attached and kept clean and orderly and in good repair, on the fixture to which attached; 6. One canopy sign at each building entrance, not to exceed six square feet in area which shall be placed and maintained with a minimum ground clearance of eight feet; 7. One construction sign for each parcel of property not exceeding sixty-four square feet in area and fifteen feet in height; the construction sign permitted in the R-1 district shall not be permitted in the C-2 district in addition to such sign permitted in this section; 8. a. One for sale or rent sign for each building, the area of which shall not exceed sixteen square feet for each one hun- dred front feet of building occupancy, b. When the parcel of property has no buildings upon it, one for sale or rent sign, not exceeding sixty-four square feet in area or four or less such signs, none of which shall exceed sixteen square feet; 35 9. Directional signs where reasonably necessary on the par- cel of property, which shall be incidental signs designed to guide or direc~ pedestrian or vehicular traffic, such as "Exit" or "Entrance" signs. 10. Subdivision directional signs not to exceed thirty-two square teet in area, nor sixteen feet in height and shall not project over public property or any public right-of-way; such signs may be maintained tor a period ot only eighteen months, in accordance with the rules stated in subdivision bot subsection F ot Section 17.60.110 and subdivision bot subdivision E of Section 1/.6U.130; 11. Window signs not exceeding an area more than thirty per- cent ot tae window area on which the signs are attixed. This limitation shall not apply to any customary holiday decorations placed on windows and maintained tor a reasonable time during a holiday season. B. Signs which may be allowed by special permit subject to review under the provisions of Section 17.60.050 of this chapter are as follows: 1. a. One projecting sign for a business entity fronting on a street, ~. Such sign shall not be permitted unless the applicant demonstrates a lack of sufficient alternative sign locations to provide reasonable opportunity to identity and advertise the business; in addition thereto, the commission, prior to decision, shall consider the following matters: the tactors set forth in subsection A of Section 11.60.050; the relationship of the build- ing to other buildings on the same street as to setback, size and existing signage, c. A projecting sign may exist instead of, but not in addition to, a root sign or a freestanding sign, d. The projection of all projecting signs shall be in accordance with the regulations provided in Chapter 15.36 and the Uniform Sign Code as adopted and amended therein; provided, however, that where the building is set back from the property line, no such sign shall project from the building more than ten feet, e. Projecting signs shall not exceed twenty-~ive (25) square feet in area; when such sign has more than two races, all additional faces shall be included in the calculations of total allowable area, f. No projecting sign shall extend above the root±lne at the wall or the top ot a parapet wall, g. Projecting signs shall be identification signs only, and not tor the purposes indicated ~n subsection A.5.a. of this section. 2. a. One root sign tor a business entity, b. Such sign shall not be permitted unless the applicant demonstrates a lack of sutticient alternative s~gn locations to provide reasonable opportunity to identity and advertise the business; in addition thereto, the commission, prior to decision, shall consider the tollowing matters: the factors set forth in subsection A o~ Section 17.60.050; the relationship of the build- ing to other buildings on the same street as to setback, size and existing signage; the proximity to residential uses on the same street, c. A roo~ sign may exist instead or, but not in addition to, freestanding and projecting signs, d. ~ root sign may not project over public property, e. A root s~gn shal£ not exceed twenty-five (25) square teet in area, f. No roo~ sign shall exceed a height, in any point thereot, of six teet above t~e roof! as measured vertically trom 37 and not section. 3. mitted by the level of the top of the parapet wall nearest the sign, or from the highest point of the roof directly under the sign, g. Clearance and access for all roof signs shall be in accordance with the Uniform Sign Code (Section 803) as adopted and amended by Chapter 15.36, h. A roof sign shall be an identification sign only, for the purposes indicated in subsection A.5.a. of this Monument signs in excess of the number otherwise per- this section. The number of such signs permitted on any street frontage shall not exceed four (4) per parcel. The minimum distance between such signs shall not be less than fifty feet, nor less than twenty-five feet from an adjoining interior lot line, 4. Wall signs up to 25% larger in area than otherwise per- mitted in this zone. 5. Freestanding identification signs otherwise permitted in this zone not to exceed fifty feet in height. 6. An outdoor advertising sign in excess of thirty-five feet in height, but not to exceed fifty feet in height. 17.60.170 Permitted in M-1 and M-2 districts. A. The following signs are permitted in the M-1 and M-2 districts: 1. All signs permitted in the R-1 district, except as otherwise provided; 2. outdoor advertising signs not exceeding three hundred square feet in area, excluding cutouts or extensions not exceed- ing thirty square feet in area, and not exceeding fifty feet in height, except that: a. No outdoor advertising sign shall be permitted except by special permit, if such sign faces the front of any lot within any residential zone and is located within one hundred feet 38 of such lot line, or is within one hundred feet of a freestanding sign on the same parcel, or is less than twenty-five feet from an adjoining interior lot line. b. Such signs shall be at least three hundred feet apart on the same side of a public street within the same block, c. Such signs shall not project over public property or any public right-of-way, d. Where such sign has two faces back-to-back which faces are at no point more than two feet apart, the two faces of the sign shall be substantially equal in area, 3. Wall signs or signs designed as a part of an arc- hitectural feature or projection of the building for each busi- ness entity, two square feet in area for each front foot of building occupancy for each elevation of the building; provided, however, that the background area of such signs shall not exceed forty percent of the building facade; provided further, that each building shall be entitled to no less than fifty square feet in area for each elevation; premises may not combine allowable signs for a particular elevation of a building with that allowed for another elevation for the purpose of placing the combined area of signs on one elevation; wall signs shall be so placed on a build- ing so that the highest point of the sign does not exceed twenty five (25) feet in height, from the average grade of the premises. 4. a. Two freestanding identification signs, not exceeding three hundred square feet in area in aggregate, for each street frontage of a developed parcel of property and which do not project over public property or any public right-of-way, and are located a minimum of twenty-five feet from an adjoining interior lot line. b. Permitted signs for a particular street frontage of a parcel may not be combined with that allowed for another street frontage for the purpose of placing the combined area of signs on one street frontage, 39 not less than d. 5. a. be wall signs, The distance between any of fifty feet. Such signs shall not exceed Two signs for each business monument signs or reader such signs shall be fifty feet in height; entity, which signs may board, for the purpose of indicating prices, merchandise or service offered, official pub- lic services provided on the premises, credit cards honored, trading stamps available, directions to customers and like mat- ters; no such sign shall be a portable sign and shall not be placed or maintained upon any part of any sidewalk area or other public right-of-way; no such sign shall exceed thirty-two square feet in area or exceed a height of fifteen feet, b. Each business entity shall also be permitted two signs, when appropriate, for the purpose of indicating the mat- ters stated in paragraph (a.) of this subdivision, which signs may be attached to private light poles, freestanding sign column or canopies, the area of each sign not to exceed six square feet; such signs shall be securely attached and kept clean and orderly and in good repair, on the fixture to which attached; 6. One canopy sign at each building entrance, not to exceed six square feet in area which shall be placed and maintained with a minimum ground clearance of eight feet; 7. One construction sign for each parcel of property not exceeding sixty-four square feet in area and fifteen feet in height; the construction sign permitted in the R-1 district shall not be permitted in the M-1 and M-2 districts in addition to such sign permitted in this section; 8. a. One for sale or rent sign for each building, the area of which shall not exceed sixteen square feet for each one hun- dred front feet of building occupancy, 40 b. When the parcel of property has no buildings upon it, one for sale or rent sign, not exceeding sixty-four square feet in area or four or less such signs, none of which shall exceed sixteen square feet; 9. Directional signs where reasonably necessary on the par- cel of property, which shall be incidental signs designed to guide or direct pedestrian or vehicular traffic, such as "Exit" or "Entrance" signs. 10. subdivision directional signs not to exceed sixty-four square feet in area, nor fifteen feet in height and shall not project over public property or any public right-of-way; such signs may be maintained for a period of only eighteen months, in accordance with the rules stated in subdivision 5 of subsection F of Section 17.60.110 and subdivision 5 of subdivision E of Section 17.60.130; 11. window signs not exceeding an area more than fourty per- cent of the window area on which the signs are affixed. This limitation shall not apply to any customary holiday decorations placed on windows and maintained for a reasonable time during a holiday season. B. Signs which may be allowed by special permit subject to review under the provisions of 1. a. One projecting a street, b. demonstrates a Section 17.60.050 are as follows: sign for a business entity fronting on Such sign shall not be permitted unless the applicant lack of sufficient alternative sign locations to provide reasonable opportunity to identify and advertise the business; in addition thereto, the commission, prior to decision, shall consider the following matters: the factors set forth in subsection A of Section 17.60.050; the relationship of the build- ing to other buildings on the same street as to setback, size and existing signage, 4¸1 c. A projecting sign may exist instead of, but not in addition to, a roof sign or a freestanding sign, d. The projection of all projecting signs shall be in accordance with the regulations provided in Chapter 15.36 and the Uniform Sign Code as adopted and amended therein; provided, however, that where the building is set back from the property line, no such sign shall project from the building more than ten feet, e. Projecting signs shall not exceed fifty square feet in area; when such sign has more than two faces, all additional faces shall be included in the calculations of total allowable area, f. No projecting sign shall extend above the roofline at the wall or the top of a parapet wall, g. Projecting signs shall be identification signs only, and not for the purposes indicated in subsection A.5.a. of this section. 2. a. One roof sign for a business entity, b. Such sign shall not be permitted unless the applicant demonstrates a lack of sufficient alternative sign locations to provide reasonable opportunity to identify and advertise the business; in addition thereto, the commission, prior to decision, shall consider the following matters: the factors set forth in subsection A of Section 17.60.050; the relationship of the build- ing to other buildings on the same street as to setback, size and existing signage; the proximity to residential uses on the same street, c. A roof sign may exist instead of, but not in addition to, freestanding and projecting signs, square feet d. A roof e. A roof in area, sign may not project over public property, sign shall not exceed one hundred (100) 42 f. NO roof sign shall exceed a height, in any point thereof, of six feet above the roof as measured vertically from the level of the top of the parapet wall nearest the sign, or from the highest point of the roof directly under the sign, g. Clearance and access for all roof signs shall be in accordance with the Uniform Sign Code (Section 803) as adopted and amended by Chapter 15.36, h. A roof sign shall be an identification sign only and not for the purposes indicated in A.5.a. of this section. 3. Monument signs in excess of the number otherwise per- mitted by this section. The number of such signs permitted on any street frontage shall not exceed four (4) per parcel. The minimum distance between such signs shall not be less than fifty (50) feet, nor less than twenty-five (25 feet from an adjoining interior lot line, 4. Wall signs up to 25% larger in area than otherwise permitted in this zone. 17.60.180 Permitted in P.U.D. districts. A. Within a proposed planned unit development district no sign shall be permitted in connection therewith until the final development plan is approved; provided, however, that upon appli- cation for said zoning, a sign may be placed upon the zoned prop- erty indicating the probable future use of the property, which sign shall first be approved by the building director. All other proposals for signs, including area, design, number, height, illumination and location of such proposed signs shall be included in the final development plan which shall be considered under Section 17.52.060. B. Residential development in said zone shall be restricted to signs permitted in the R-3 zone and incidental commercial uses shall be restricted to signs permitted in the C-O zone subject to the latitude granted to the planning commission under Section 17.52.060. 43 C. In addition to the criteria established in Chapter 17.52 and the factors set forth in Section 17.6~.01~, in its determina- tion of the proposal for signs, the planning commission shall also take into consideration the following matters: acreage of the project; topography of the land; number of lots in the pro- ject; size and number of the dwelling units and other buildings; location of the development; vehicular and pedestrian traffic; alignment ot streets and street trontages and orientation of the development to streets, alleys, walkways and easements and to the adjacent neighborhood and the general welfare. 17.60.185 Permitted in P.C.D. districts. A. Within a ~roposed planned commercial development no sign shall De permitted in connection therewith until the final devel- opment plan is approved; provided, however, that upon applica- tion for said zoning, a sign may be placed upon the zoned property indicating the probable tuture use of the property, which sign shall tirst be approved by the building director. All other proposals tor signs including area, design, number, height, illumination, color and location ot such signs shall be ~ncluded in the tinai development plan which shall De considered. B. The Commission, for criteria, shall restrict developments for major tenants to signs permitted in the C-2 Zone and develop- ment ot tenant space and satellite pads to signs permitted in a C-1 Zone. C. There shall be a maximum of one freestanding sign for each street trontage; however, up to a maximum ot tour monument signs may De permitted the freestanding sign. shall not be less than tor each street trontage in addition to The minimum spacing between such signs fifty teet, nor less than twenty-tlve ~eet from an adjoining interior side lot line. D. In addition, the Commission shall consider forth in Section 17.60.010 in its (~etermination ot signs. the factors set proposal tor Other matters tor consideration shall include the tollow- 44 ing: acreage of the project; topography; size of buildings; location of the development to streets; vehicular traffic and the general welfare. ~7.60.190 Permitted in MH and TT districts. The following signs are permitted in A. For MH and TT parks one monument thereo~; B. Signs permitted in C. Signs which may be the MH and TT districts: sign at each entrance the R-1 district only. allowed by special permit subject to review under the provisions o~ Section 17.60.050 are as tollows: one treestanding s~gn not to exceed thirty-two square ~eet in area or a height of twenty ~eet. Such sign shall not be permitted unless t~e applicant demonstrates a lack o~ reasonable opportunity to ~dent~ty and advertise the business. 17.60.~UU Permitted in CC districts. The following sign regulations shall ap~ly in the CC zone: A. Signs may be permitted Dy the planning commission upon application tor special permit pursuant to Sect~on 17.60.010 and in accordance with the conditions, limitations and criteria established in th~s chapter. A separate application tor signs under Chapter 17.40 shall not be required. B. The application, with accompanying statements, detailed drawings, including the area, height, type, illumination, number, materials and exact location o~ proposed and existing signs, and ot~er related material requested by the planning commission or the planning director who shall make a written report and recom- mendation to the planning commission prior to the hearing. C. The planning commission shall consider all relevant mat- ter presented Dy t~e applicant, including all o~ the relevant factors set torth in Section l/.§0.Ul0, the report and recommen- dation o~ the planning director and other matters required in this chapter to be considered, and may approve, conditlonally approve or disapprove the application. Required permits shall 45 be withheld by the building director pending final decision of the planning commission or city council unless a waiver of appeal is filed by the applicant. D. Signs which because of their area, height, type, illumi- nation, number, location, configuration, color scheme, legend or any other visible component would be such that the resulting character would be detrimental to the environment and neighbor- hood in and surrounding the district, or not in harmony with other signs, uses, structures and improvements in the area or not in the public interest and welfare, are prohibited. E. No sign shall have an area exceeding one hundred fifty square feet in area nor a height exceeding twenty-six feet. Any variance in such area or height must have the approval of the city council. F. Painted wall signs may be permitted, provided no sign shall be painted directly on the surface of any building or structure. G. One for sale or rent sign is permitted, which shall not exceed twelve square feet in area, for each one hundred feet street frontage, or portion thereof, nor exceed a freestanding height of eight feet or a height of fifteen feet, if attached to a building. ~. One construction sign is permitted for each parcel of property which shall not exceed thirty-two square feet in area nor fifteen feet in height. The construction sign permitted in the R-1 district shall not be permitted in the CC district in addition to such sign permitted in this section. I. the for sale or rent sign and construction sign shall be permitted without application to the planning commission. 17.60.210 Permitted in Ch zone. The following sign regulations shall apply in the Ch zone: A. The following signs are permitted in the Ch church district: 46 1. Signs permitted in the R-1 district; 2. For uses other than churches or places used exclusively for religious worship in the R-l, R-2 and R-3 districts, all signs permitted in such other zone in which the parcel of prop- erty is also classified; 3. Churches or other places used exclusively for religious worship are permitted not to exceed two reader boardsr not exceeding an aggregate total of forty square feet in area and not exceeding eight feet in height; no one such sign shall exceed twenty square feet in area; the minimum distance between such signs shall not be less than fifty feet. Monument signs may be installed in lieu of any permitted reader board; 4. Churches or other places used exclusively for religious worship are also permitted wall signs or signs designed as a part of an architectural feature or projection of the building not exceeding one-half square foot in area for each lineal foot of the property devoted to such use, abutting a street; provided, however, that each building shall be entitled to no less than thirty-two square feet in area for each elevation abutting a street; premises fronting on more than one street may not combine allowable signs for one frontage ~ith another frontage for the purpose of placing the combined area of signs on one frontage; 5. Churches or other places used exclusively for religious purposes may also be permitted one freestanding identification sign for each developed parcel of property which shall not pro- ject over public property or any public right-of-way, not exceed- ing a sign area of thirty-two square feet, and shall not exceed a height of twenty feet; in lieu of such sign, one monument sign may be erected and maintained; 6. Churches or other places used exclusively for religious worship are permitted one construction sign for each parcel of property not exceeding 32 square feet in area and not exceeding fifteen feet in height; the construction sign permitted in any 47 other zone in which the parcel is also classified shall not be permitted in the Ch district in addition to such sign permitted in this section; 7. Directional signs where reasonably necessary on the pre- mises, which shall be incidental signs designed to guide or direct pedestrian or vehicular traffic, such as "Exit" or "Entrance"; 8. One for sale or rent sign for each developed parcel of property, not exceeding sixteen square feet in area for each one hundred feet street frontage or portion thereof, with a maximum freestanding height of eight feet and a maximum height of fifteen feet, if attached to a building. B. All signs in the Ch district, except signs also permitted in the R-1 district, directional signs, for sale or rent signs and construction signs, shall be permitted only upon application to and approval of the planning commission, in accordance with Chapter 17.40 and Chapter 17.60.050. Freestanding signs which project over public property or any public right-of-way shall not be permitted. C. Signs which may be allowed by special permit subject to review under the provisions of Section 17.60.050 are signs that exceed the area and/or height of signs otherwise per- mitted in this zone as specified in Subsection A. of this Section. 17.60.220 Permitted in Hosp. zone. The following sign regulations shall apply in the hospital zone. A. The following signs are permitted in the hospital district: 1. For uses other than hospitals, sanitariums, rest homes, convalescent homes, maternity homes and homes for the aged, in the R-l, R-2 and R-3 districts, all signs permitted in such other zone in which the parcel of property is also classified. 48 2. Hospitals, sanitariums, rest homes, convalescent homes, maternity homes and homes for the aged, are permitted the signs permitted churches in Section 17.60.210, subject to the authority hereby given to the planning commission to vary such require- ments, i.e., make either more or less restrictive in accordance with the type of use involved, acreage of the parcel, topography o~ the land, size and number ot buildings or wings in the pro- ject, location of the use, vehicular and pedestrian traffic, alignment ot streets, street trontages, orientation of the use to streets, alleys, wa£~ways and easements and to the adjacent neighborhood and to the general welfare. The planning commission shall also De guided by the purposes set forth in Section 17.60.U10, and the facts as presented by the applicant which required such signing tor the purpose of maximizing the tunc- tional ettlclency o~ the institution. B. All signs in the ~ospltal district, except signs also permitted in the R-1 district, directional signs, for sale or rent signs and construction signs, shall be permitted only upon application to and approval ot the planning commission, in accor- dance with Chapter £7.40. Freestanding signs may be permitted as stated in subsection B ot Section 17.60.210. 17.~U.230 Permitted ~n P zone. The ~ollowing signs only are permitted in the P zone: Freestanding identification s~gns or monument signs are per- mitted as follows: A. In a P-zoned area not also classltled in an R zone, such signs are subject to the same restrictions, standards and proce- dures which are applicable to the adjacent zone where the parking use is incidental to and intended to serve the use in such adja- cent zone; B. In a P-zoned area also c£assltled in an R zone, such signs are sub3ect to the same restrictions, standards and proce- dures which are applicable to the underlying zone; 49 existing, whenever has been signed by alty interests, o~ center. C. Such signs must be so constructed that the base of the sign shall be entirely contained within the area of one automo- bile parking space; D. Such signs may contain only identification, changeable and/or directional information but must pertain only to the busi- ness conducted or products produced, sold or served on the prem- ises ot the adjacent or underlying zone. 17.60.24~ Permitted in D zone. Signs permitted in a D Zone are sub3ect to the same restric- tions, standards and procedures which are applicable to the underlying Dase zone. 17.50.250 Comprehensive sign plan. A. The planning commission shall have the authority under the conditions provided in th~s chapter to permit the utilization of comprehensive sign plans tor certain situations described in th~s section in lieu o~ the sign regulations set ~orth in this chapter. B. Comprehensive sign plans may be approved Dy the planning commission in the ~ollow~ng instances: 1. For all Dus~ness premises which occupy the entire ~rontages on both sides ot a commercially zoned street ~or one ~ull Dlock, whenever the application for the approval of such plan has Deen signed Dy a majority ot the owners or operators o~ such Duslnesses; 2. For shopplng center developments, both new and the application tor the approval ot such plan a majorlty o~ the owners, not including roy- the real property constituting the shopping 3. For redevelopment projects or selected described por- tions of such areas, whenever the application tor the approval o~ such plan has been authorized by the redevelopment agency and a majority ot the owners o~ land artected have consented. 50 4. For P.C.D. (Planned Commercial Development) projects. C. Any comprehensive sign plan submitted to the planning commission shall include the location, size, height, color, lighting, number, visual e~ects and orientation of all proposed signs, and shall have been previously submitted to the planning department for plan approval. D. Exceptions to the sign regulations embodied in this chap- ter may be permitted; provided, that such a comprehensive sign plan is presented and approved Dy the planning commission, and; provided turther, that the permitted signs ~or a comprehensive sign plan as a whole are in conformity with the purpose of this chapter as expressed in Section 17.60.010 and; provided further, such exceptions are tor the general welfare and result in an improved relationship among the various signs and building faca- des covered by the plan. E. All comprehensive sign plan requests shall be submitted to the planning commission shall include justification ~or diviation ~rom the regulations ot this Chapter in accordance with the criteria embodied In Section 17.60.010. All affected prop- erty owners or operations of businesses shall be notitied by mail o~ the time and place ot the hearing betore the planning com- mission, at least give days begore hearing. 17.60.260 Nonconforming signs. A. The provisions o~ Sections 17.08.060 through 17.08.080, inclusive, o~ this title, shall not De applicable to this chapter. B. Signs ~or a legal nonconforming use are permitted. Such signs shall De deemed to comply with the provisions of this chap- ter if they comply with the sign regulations tor the most restrictive zoning district which permits the nonconforming use as a permitted use. Such use shal£ be permitted only so long as the nonconforming use is permitted. ~ny such sign legally exist- ing on the ettective date o~ the ordinance codltled in this 51 chapter, but which does not comply with the regulations of this chapter shall be deemed to be a nonconforming sign. C. For the purposes of this chapter, a "nonconforming sign" is one which does not conform with the provisions of this chapter, but which: 1. Was lawfully in existence and in use within the city prior to the ettective date ot the ordinance tirst enacting this chapter; 2. Was lawfully in eKlstence and in use on property outsi~e o~ the city on the date upon which the annexation o~ such prop- erty to the city was completed; 3. Was lawtully in existence and in use within the city on the effective date o~ any zone change or specitic plan or compre- hensive sign plan tor the property on which the sign is located; or 4. Was lawtully in existence and in use within the city on the effective date of any amendment ot this chapter, the zoning regulations contained in this title or other provision ot this code, making such sign noncontorming. For the purposes o~ this section only, a sign exceeding the height or area restrictions contained in this chapter Dy no more than rive percent shall De deemed to contorm with the provisions of this chapter limiting height and area. D. A nonconforming sign shall not De replaced, altered, reconstructed, relocated or expanded in any manner unless and until the sign is made to conform with the provisions ot t~ls chapter. This shall not he construed to prevent ordinary mainte- nance and minor repairs. E. A nonconforming sign destroyed or damaged to an extent exceeding sixty percent o~ its replacement cost immediately prior to destruction or ~amage shall not De continued in use or main- tained thereafter and shall be removed or made to conform w~th the provisions of this chapter within thrity days of the date of such destruction or damage. F. Each nonconforming sign, other than an outdoor adver- tising sign subject to the California Outdoor Advertising Act, shall be removed or made to conform with the provisions of this chapter at the sole cost of the owner thereof, whenever any of the following events occur: (1) There is a change in ownership of the property (2) The business or activity is discontinued or sold (3) The property is rezoned, subdivided or parceled (4) A Conditional Use Permit or Modification is granted for the property or use of the property. (5) Issuance of a sign permit permitting installation or construction of a new or additional sign on the property. (6) Any change of sign copy, but not later than the expira- tion of the period of time applicable to a particular sign or signs as set forth in subsection G below; such period commences to run upon the effective date of the ordinance first enacting this chapter, upon the comple- tion date of the annexation, or upon the effective date of amendment, whichever makes the sign nonconform- ing, or the date upon which the sign otherwise becomes nonconforming. G. 1. The following signs made nonconforming by the provi- sions of the ordinance first enacting this chapter shall be to conform with the provisions of this chapter by removed or made July 14, 1986. a. C-1 district; b. Flashing signs in districts more restrictive than the Flashing signs in the C-i, C-2, M-1 and M-2 districts which exceed the permissible current and wattage specified in subsection B of Section 17.60.080; 53 c. Moving and rotating signs except as otherwise provided in Section 17.60.080 of this chapter; d. Outlining of a building except as otherwise provided in Section 17.60.070 of this chapter; e. Signs not illuminated in accordance with this chapter; f. Signs in excess of the number specified by this chapter; g. All other signs made nonconforming by the provisions of the ordinance first enacting this chapter. 2. Signs made nonconforming by the 1985 amendments to this chapter, and signs allowed by special ~ermit without specified dates, times, or conditions for removal prior to the effective date of the 1985 amendments to this chapter, shall be removed or made to comply by August 1, 2000. ~. Nothing in this chapter shall be construed as authority for the city to remove without just compensation those signs which, under the California Outdoor Advertising Act, are subject to removal with compensation to the owner. I. The owner or lessee of property upon which there is non- conforming sign may file for a nonconforming sign permit request- ing the planning commission to establish an amortization period in excess of the periods established for the particular sign in question. Such filing shall be on an application form prescribed by the planning commission. The procedure for application, hear- ing and appeal shall be the same as the procedure provided for in Section 17.60.050 for special permits. The planning commission its decision on the following factors: The original cost of the sign structures; shall base 1. 2. 3. 4. The date of construction and The date of amortization for Whether the sign and/or sign installation; tax purposes; structure could have use to the owner or lessee of the sign in some other ~ermitted location without violation of any provision of this chapter; 54 5. The remaining economic value; 6. Cost of removal; 7. The degree of deviation from the standards set forth in this chapter. 17.60.270 Violation a public nuisance. A. Any signs mentioned in subsections B through H of Section 17.60.090 which are not removed within the required period shall constitute a public nuisance and shall be subject to summary aba- tement at the expense of the owner thereof and the person in law- ful possession thereof, pursuant to the provisions of Section 38773 of the Government Code; the expenses of abatement of such nuisances are a lien against the property on which they are main- tained and a personal obligation against the property owner. Said property owner or person in lawful possession shall first be served with a five-day notice to abate the nuisance by removing the sign, and shall be given the opportunity to explain to the building director why such sign has not been removed. If, after such opportunity to explain, the building director orders the removal of the sign, the agents of the city shall have authority to enter upon the private property to remove the sign constitut- ing the nuisance. The provisions of this subsection may be util- ized separately from, as an alternative to, or in conjunction with, any other remedy provided in this chapter or otherwise pro- vided by law. B. In the event any person erects, installs, alters, relo- cates or maintains any sign after the effective date of the ordi- nance codified in this chapter, which sign is in violation of any provision of this chapter, and the same is not removed after notice as specified in this section, the same is a public nui- sance and shall be subject to abatement at the expense of the person creating, causing, committing or maintaining it, pursuant to the provisions of Section 38773 of the Government Code. The 55 property owner or person in lawful possession shall first be served with a five-day notice to abate the nuisance by removing the sign, and shall be given an opportunity to explain wherein the sign is not in violation of any provision of this chapter. If, after such opportunity to explain, the building director orders the removal of the sign or o~ders such sign to be made to conform to the provisions of this chapter, the city shall have the authority, upon failure to remove or conform, to enter upon the private property to remove the sign constituting the nuisance. The provisions of this subsection may be utilized sep- arately from, as an alternative to, or in conjunction with, any other remedy provided in this chapter or otherwise provided by law. 17.60.280 Violation-Penalty. Any person, firm or corporation, as principal, agent, clerk or employee, whether acting for himself or for another person, firm or corporation who or which violates any provision of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. SECTION 2. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... 56 I HEREBY CERTIFY that the foregoing ordinance was passed and adopted by the Council of the City of Bakersfield at a regu- lar meeting thereof held on the 17th day of June , 198_~_5, by the following vote: CITY CLERK ahd Ex Officio Cler~ of the Council of the City of Bakersfield APPROVED this 17th day of June , 198__5 MAYOR of the city of B~akersfield APPROVED as to form: CITY ATTOR4~EY of the ~ity os Bakersfield AJS/bl/kda 57 SGNORD1 STATE OF CALIFORNIA t ss. County of Kern CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and June ].c~ 8.5 that on , 19 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on June 17 , 19 85 , which ordinance was numbered __ 2979 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD A~4ENDING CHAPTER 17.60 OF THE BAKERSFIELD ~IUNICIPAL CODE RELATING TO SIGNS City Clerk Subscribed and sworn to before me this 19th.. day of .Jq.[!e ...................19 ~.5 MARIA ROSA OCHOA ~